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1- Your acceptance of these terms of Use
By visiting the 080004DENTAL website (the “Site”) and/or using or accessing 080004DENTAL’s service (the "Service") in any manner, and whether at the 080004DENTAL website or through a third party website or other channel, you certify that (a) you are at least 13 years of age, (b) if you are providing access to the Service to any person who is under 13 years of age, you are such person's parent or legal guardian and you consent to the use of the Service by such person only under your direct supervision and subject to any reasonable verification required by 080004DENTAL, and (c) you expressly agree to be bound by these Terms of Use of service (these "Terms of Use"). Your use of the Service is expressly conditioned upon the certifications listed above and your acceptance of these Terms of Use. If the certifications above are not true, or if you do not agree to any part of these Terms of Use, you may not use the Service. 080004DENTAL reserves the right to update and revise these Terms of Use from time to time without notice to or acceptance by you.
2- Electronic Contracting and Notices
Your affirmative act of using this Site or the Service constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.
3- Responsibility for activities
You are fully and solely responsible for all your activities in connection with your access to or use of the Service. If you become aware of any unauthorized use of the Service or malpractice on behalf of any collaborating Dentists, you agree to immediately notify 080004DENTAL. 080004DENTAL shall not be liable to you or to any third party for any loss or damage arising as a result of any of the associated partners and/or collaborating Dentists treatment or activities, your failure to notify 080004DENTAL as required in this section or any acts or omissions by any person who accesses or uses the Service.
4- Links
The Service may provide, or partners may provide, links to other websites or resources. 080004DENTAL has no control over such sites and resources. Therefore, you acknowledge and agree that 080004DENTAL is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any information, advertising, products, or other materials on or available from such websites or resources. In addition, you acknowledge and agree that 080004DENTAL shall have no responsibility or liability whatsoever for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such website or resource.
5- Certain information provided by you
In order to use the Service, you must provide certain personal and medical information about yourself. The 080004DENTAL Privacy Policy explains the information practices that apply to this and other personal information we have about you, as well as any choices you can make about the ways this information is used. Please review it carefully. 080004DENTAL does not keep any record or store any personal information provided by you when using the Service.
6- Termination
080004DENTAL reserves the right to terminate your access to and/or use of the Site or Service at any time for any reason, including without limitation any failure to comply with any part of these Terms of Use. 080004DENTAL also reserves the right to discontinue providing all or part of the Service. 080004DENTAL shall not be liable to you or any third party for any termination of your access to the Site and/or the Service. Further, you agree not to attempt to use the Site and/or the Service after any such deletion, deactivation or termination.
Sections 2, 6, 7, 8, 11, 13, 14, 15, 16 and 17 shall survive any termination or expiration of these Terms of Use.
7- Assignment
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and the Services under the new ownership. You may not assign, transfer or sublicense these Terms of Use to any one else and any attempt to do so in violation of this section shall be null and void.
8- Eligibility
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Site and the Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Service. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the UK and intended for UK users; any use outside of the UK is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Service or the Site.
9- Your responsibilities:
You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to the Service. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
modify, adapt, translate, or reverse engineer any portion of the Site and/or the Service;
remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Service or in or on any content or other material obtained via the Site and/or the Service;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Service;
access, retrieve or index any portion of the Site and/or the Service for purposes of constructing or populating a searchable database of reviews related to the health care industry or Dentists;
reformat or frame any portion of the web pages that are part of the Site and/or the Service;
In addition to our rights under Section 6, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use. Even though the Services are provided free of charge, the usual deposit requested collaborating dentists and customary charges for any dental services rendered by collaborating dentists will apply and will be entirely your responsibility.
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10- Copyright Complaints
User acknowledges that 080004DENTAL is a "service provider" under the United States Digital Millennium Copyright Act (the "DMCA") and is therefore immune from liability under the DMCA. Consistent with the DMCA, 080004DENTAL may accommodate standard technical measures to identify and protect copyrighted works. 080004DENTAL respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 080004DENTAL's copyright agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Description of the copyrighted work that you claim has been infringed;
The location of the material that you claim is infringing is located on the 080004DENTAL website;
Your address, telephone number, and e-mail address;
A statement that your claim of infringement is based on a good-faith belief;
A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
080004DENTAL's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
080004DENTAL
36 Wimbledon Hill Road
London, SW19 7PA
e-mail: legal (at) 080004DENTAL.com
11- Indemnification
You agree to defend, indemnify and hold harmless 080004DENTAL, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any of these Terms; (c) your violation of any third party right, including without limitation any property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Service.
12- 080004DENTAL may change or discontinue the Service
You acknowledge that 080004DENTAL may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. 080004DENTAL may at any time and from time to time modify or discontinue, temporarily or permanently, all or any part of the Service with or without notice. You agree that 080004DENTAL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
We may from time to time add new services to the Service, substitute a new service for one of the existing services, or discontinue or suspend one of the existing services in the Service. Information about the new services will be included on the Site, and the users of new services will be governed by these Terms of Use. You agree that 080004DENTAL will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
13- Choice of Law and Dispute Resolution
The Contract shall be governed by and construed in accordance with English law. You irrevocably agree that the courts of England are to have non-exclusive jurisdiction to settle any disputes which may arise in connection with using the Service or the Site.
14- Disclaimer of Warranties
WE PROVIDE THE SITE AND THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICE AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.
15- We Do Not Provide Dental Advice
YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THE SITE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL DENTAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING DENTAL ADVICE FROM A HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY DENTAL OR MEDICAL NEEDS. IF YOU EXPERIENCE A DENTAL OR MEDICAL EMERGENCY CALL 999. YOUR USE INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF DENTISTRY OR MEDICINE OR THE PROVISION OF MEDICAL OR DENTAL CARE. We do not recommend or endorse any specific tests, dentists, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by the Site, you do so solely at your own risk. We have no control over, and cannot guarantee the availability of any dentist at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom.
16- Limitation of liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT 080004DENTAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, LOSS OF REPORTED EARNINGS OR OTHER INTANGIBLE LOSSES (EVEN IF 080004DENTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES (iii) ANY OTHER MATTER RELATING TO THE SERVICE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
17- Entire Agreement
This agreement and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of 080004DENTAL to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
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