IMPORTANT WEB SITE TERMS & CONDITIONS
(“Terms & Conditions”)

1. USE, ACKNOWLEDGMENT & ACCEPTANCE OF TERMS & CONDITIONS.

Welcome to the website of A Better Smile Family Dentistry. (“sitename”) provides you (“you” or the “User”) with access to this web site, consisting of the homepage & associated linked pages, text, logos, images, graphics & incorporated content (the “Content”), for informational purposes only. BY ACCESSING OR USING THIS WEB SITE, YOU ACCEPT THESE TERMS & CONDITIONS OF USE & AGREE TO USE THIS WEB SITE ONLY IN ACCORDANCE WITH THESE TERMS & CONDITIONS. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. IF FOR ANY REASON YOU DO NOT AGREE TO BE BOUND BY THESE TERMS & CONDITIONS, PLEASE DO NOT USE THIS WEB SITE.

2. GENERAL TERMS & CONDITIONS; LIMITED LICENSE.

The purpose of this web site is to provide you with an overview of A Better Smile Family Dentistry’s dentistry services & basic information about the dental practice. A Better Smile Family Dentistry grants you, the User & a current or potential patient of A Better Smile Family Dentistry, a non-exclusive, limited license to view, print or download the Content solely for personal, informational purposes. Commercial use of this Content is strictly prohibited. In addition, you agree not to use this web site or its Content for any unlawful purpose, & agree not to copy, retransmit, republish, or translate the Content or any portion thereof except for the purpose of disseminating this information within your company & in connection with a current or potential business relationship with A Better Smile Family Dentistry. You agree to abide by all rules, requirements & conditions established by A Better Smile Family Dentistry from time to time hereafter as communicated to you through this web site.

3. ENTIRE AGREEMENT; MODIFICATION OF TERMS & CONDITIONS.

The Terms & Conditions as set forth herein & all other terms & conditions set forth within the Content of this Web site incorporated herein by reference, embody the entire agreement & understanding between A Better Smile Family Dentistry & the User, concerning the use of the web site & with respect to the subject matter contained herein, & supersede all prior agreements, understandings, representations & warranties, whether written or oral. No alteration, modification or change of these Terms & Conditions shall be valid & enforceable unless approved by A Better Smile Family Dentistry in writing. However, these Terms & Conditions may be amended, modified, or superseded by A Better Smile Family Dentistry at any time & from time to time without notice to the User. Because these Terms & Conditions may change, please read the Terms & Conditions each time you visit this web site. A Better Smile Family Dentistry is not responsible for the User’s failure to review & adhere to these Terms & Conditions.

4. DISCLAIMER; EXCLUSIVE REMEDY.

THE CONTENT OF THIS WEB SITE IS PROVIDED AS A CONVENIENCE TO THE USER ON AN “AS IS” & “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, A Better Smile Family Dentistry DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE ACCURACY, GENUINENESS, AUTHENTICITY OR RELIABILITY OF THE WEB SITE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES THAT THE WEB SITE CONTENT CONTAINED HEREIN IS FIT FOR ANY PARTICULAR PURPOSE OR IMPLIES ANY WARRANTY OF MERCHANTABILITY, TITLE OR NONINFRINGEMENT. IT IS EXPRESSLY UNDERSTOOD BY THE USER THAT THE USE OF, OR RELIANCE ON, THIS WEB SITE CONTENT, OR INABILITY TO ACCESS THE WEB SITE, IS AT THE USER’S SOLE RISK.

THE USER AGREES THAT A Better Smile Family Dentistry NOT BE RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM ARISING OUT OF THE USE OF THIS WEB SITE & CONTENT OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY INFORMATION CONTAINED IN THIS WEB SITE & CONTENT. A Better Smile Family Dentistry DISCLAIMS & DOES NOT WARRANT THAT THE WEB SITE &/OR THE CONTENT WILL BE FREE OF ANY ERRORS, VIRUSES OR ANY OTHER ELEMENT THAT MAY CAUSE DAMAGE TO COMPUTER HARDWARE OR SOFTWARE.

A Better Smile Family Dentistry MAKES NO REPRESENTATION REGARDING THE ACCURACY OF ANY NEWS, COMMENTARY OR DESCRIPTIONS OF PROJECTS OR SERVICES INCLUDED IN ANY PRESS RELEASES LINKED TO THIS WEB SITE OR CONTAINED IN THE CONTENT.

ALL INFORMATION & CONTENT CONTAINED IN THIS WEB SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE EXTENT PERMITTED BY LAW, A Better Smile Family Dentistry SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS, DEMANDS, ACTIONS OR LIABILITIES ARISING OUT OF THE USE OF THE WEB SITE BY USER, & USER EXPRESSLY AGREES TO DEFEND, INDEMNIFY & HOLD HARMLESS AT ITS OWN EXPENSE, INDIVIDUALLY & COLLECTIVELY,A Better Smile Family Dentistry, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES & AGENTS FROM & AGAINST ALL CLAIMS, DEMANDS, ACTIONS, COSTS & EXPENSES, (INCLUDING ATTORNEY’S FEES) TO THE EXTENT PERMITTED BY LAW, ARISING OUT OF THE USE OF THIS WEB SITE BY USER IN VIOLATION OF THESE TERMS & CONDITIONS BY USER OR ANY PERSON AUTHORIZED TO ACT ON USER’S BEHALF, OR THE INFRINGEMENT BY USER OR ANY PERSON AUTHORIZED TO ACT ON USER”S BEHALF.

TO THE EXTENT PERMITTED BY LAW, THE USER’S SOLE & EXCLUSIVE REMEDY ARISING OUT OF THE USE OF, OR RELIANCE ON, THE WEB SITE IS REIMBURSEMENT OF THE ACTUAL ACCESS FEE PAID BY THE USER TO A Better Smile Family Dentistry, IF ANY, FOR THE PRIVILEGE OF USING THIS WEB SITE. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL A Better Smile Family Dentistry BE HELD RESPONSIBLE FOR ACTUAL OR CONSEQUENTIAL DAMAGES ARISING OF THE USER’S USE OR RELIANCE ON THIS WEB SITE.

5. EQUAL EMPLOYMENT OPPORTUNITY.

A Better Smile Family Dentistry is committed to equal employment opportunity & does not discriminate against potential employment applicants or employees based on race, color, religious creed, sex (including pregnancy, childbirth & related conditions), marital status, age, national origin, physical or mental disability, sexual orientation, medical condition, ancestry, veteran status, or any basis protected by federal, state or local laws.

6. USER’S CONDUCT.

The User understands that all Content of the web site transmitted or posted from sources other than from A Better Smile Family Dentistry is the sole responsibility of the person who originated the Content. This means that you, the User, are entirely responsible for all Content that you transmit or otherwise make available via this Web site. The User agrees to use the Web site only for lawful purposes, & the User understands that it is the sole responsibility of the User to comply with all laws, regulations & ordinances relating to the User’s use of this web site. The User agrees & understands that the User is liable to the extent permitted by law for any loss or damage caused in whole or in part by the User’s unlawful, tortious or unauthorized activity. By accessing this web site the User understands and agrees that the User shall not: (i) upload, post or transmit in any form, material which is defamatory, harmful, harassing, or invasive of the privacy of others; (ii) violate the rights of children in any way; (iii) tamper, hack, upload viruses or do anything to corrupt or disrupt the normal administration or security procedures of this web site or the hardware of other Users; (iv) disguise the source of material transmitted by the User via the web site; (v) infringe on the intellectual property of A Better Smile Family Dentistry or any third parties; (vi) violate any law, ordinance, regulation or statute in the use of the web site; (vii) gather or collect personal information about other Users of this web site; (viii) act in such a manner as to cause an unreasonable burden on the web site resources; (ix) use, distribute or reproduce any portion of this web site & Content for commercial purposes.

7. HYPERLINKS & EMBEDDED LINKS; POSTING.

Hyperlinks are usually underlined words or phrases, although they may also appear as a picture or a button on the web site. A Better Smile Family Dentistry makes no representation of any kind as to the accuracy or content of any hyperlink or embedded link in this web site (individually, a “Link” & collectively, “Links”) to any other web sites. Any such web site Links are provided as a courtesy to the User & for the User’s convenience, but do not constitute an endorsement by A Better Smile Family Dentistry of the products, services or information contained within the Links. The User is solely responsible for (i) any action that the User takes on any Link, such as purchasing a product or service or relying on any information contained in any Link, & (ii) any damages incurred by the User resulting from the purchase of any product or service from any Link or the reliance on any information contained within a Link.

A Better Smile Family Dentistry does not pre-screen any content or postings placed on this web site by its Users. A Better Smile Family Dentistry does not endorse, authorize or ratify any unlawful conduct by the User related to the User’s posting activities. The User assumes the risk by viewing the postings of other Users that the information contained therein may be inaccurate, dishonest, fraudulent, misleading or unlawful. Please advise us of any information regarding the posting of inappropriate content. A Better Smile Family Dentistry reserves the right to remove & discard any content in its sole & absolute discretion.

8. DEEP-LINKING.

Deep-linking is strictly prohibited. Deep-linking occurs where a web site unassociated with A Better Smile Family Dentistry includes an embedded link to any page within this web site, other than to A Better Smile Family Dentistry‘s homepage. No person or entity is authorized to link or deep-link any web page associated with this web site without the express permission of A Better Smile Family Dentistry. To the extent permitted by law, the User agrees to defend & hold harmless A Better Smile Family Dentistry against any unauthorized deep-linking by User.

 

9. USE OF USER’S IDEAS.

The User grants A Better Smile Family Dentistry an exclusive license to use all material, ideas, content, suggestions, drawings & concepts communicated to A Better Smile Family Dentistry through the web site without any compensation to the User whatsoever. Do not communicate or transmit information to A Better Smile Family Dentistry unless you agree to this exclusive license.

10. PRIVACY STATEMENT.

The User’s privacy is important to A Better Smile Family Dentistry. Please read the A Better Smile Family Dentistry Privacy Statement that describes the privacy practices & procedures of A Better Smile Family Dentistry by clicking the link located on the home page of A Better Smile Family Dentistry.

13. COPYRIGHT NOTICE.

The Content of this web site is an original copyrighted work owned by A Better Smile Family Dentistry or Chrisad, Inc. (our marketing partner) & such materials are protected under federal Copyright law against unauthorized use, copying, & distribution. The Content of this web site is provided for informational purposes only, & a limited license is granted to the Users to download the Content for personal use only, subject to federal Copyright law. Commercial use is strictly prohibited. The User may not copy, republish, reproduce, sell, distribute, disseminate, transmit or create derivative works from any portion of this web site Content without the express prior written consent of A Better Smile Family Dentistry. Unauthorized use will be prosecuted. All rights reserved.

14. INTELLECTUAL PROPERTY.

A Better Smile Family Dentistry retains full ownership of its trademarks & service marks. A Better Smile Family Dentistry’s marks include:

A Better Smile Family Dentistry

These trademarks & service marks may be registered with the United States Patent & Trademark Office (“USPTO”). Use of these trademarks & service marks, or any other trade or service mark of A Better Smile Family Dentistry not registered with the USPTO, is strictly prohibited, absent the express prior written consent of A Better Smile Family Dentistry.

14. NOTICE OF INFRINGING MATERIAL.

A Better Smile Family Dentistry strives to remove all Content that may be considered infringing on the intellectual property of others. If you have information regarding infringing Content on this web site, please give notice of the infringing material to the Copyright/Trademark Agent at Chrisad, Inc. by sending an email to: webservices@chrisad.com with the following information: (i) a description of the copyrighted or protected information you claim has been infringed, (ii) the location of the information on the web site, (iii) your name, address, email address & telephone number, (iv) a statement that you are the owner of the copyrighted or protected information purportedly infringed upon. Chrisad & A Better Smile Family Dentistry will take prompt action to remove infringing material. This clause is intended to provide a procedure for the removal of infringing material pursuant to Title 17, United States Code, Section 512(c)(2).

15. VOID WHERE PROHIBITED BY LAW; SEVERABILITY.

The Terms & Conditions are void where prohibited by law. Should any part, term, provision or portion of these Terms & Conditions be determined by a court of competent jurisdiction to be illegal, invalid or in conflict with any law, regulation, ordinance or statute, or otherwise rendered unenforceable, then such contravention or invalidity shall not invalidate this entire agreement. Such invalid or illegal provisions shall be deemed modified to the extent necessary to render it legal, valid & enforceable & if no such modification shall render it legal, valid & enforceable, then these Terms & Conditions shall be construed as if not containing the provisions held to be illegal, invalid & unenforceable & the rights & obligations of A Better Smile Family Dentistry & the User shall be construed & enforced accordingly with the other provisions remaining in full force & effect.

16. JURISDICTION; GEOGRAPHICAL LIMITATIONS; TIME LIMITATIONS ON ACTIONS; ADMISSIBILITY; NO WAIVER.

The Terms & Conditions the Privacy Statement incorporated herein shall be governed under the laws of New York, & any claim, demand, or cause of action shall be venued & subject to the jurisdiction of New York only. A Better Smile Family Dentistry does not authorize any User to access this web site outside the New York for any reason. Under no circumstances should this web site be considered an advertisement outside New York. A Better Smile Family Dentistry is not responsible for the User’s unauthorized access, & to the extent permitted by law, the User agrees that if this web site is accessed outside New York (which is not permitted by A Better Smile Family Dentistry), the User agrees to defend & hold A Better Smile Family Dentistry harmless for any actual & consequential damages that may arise therefrom, & shall be solely responsible for complying with all laws, ordinances & regulations applicable to the jurisdiction from which the User accesses this site. To the extent permitted by law, A Better Smile Family Dentistry disclaims all liability to the User resulting from A Better Smile Family Dentistry’s failure to comply with laws, ordinances & regulations in jurisdictions other than New York. To the extent permitted by law, all civil actions asserted by the User against A Better Smile Family Dentistry arising out of this web site must be brought within nine (9) months of the date of injury &/or damage. A printed version of these Terms & Conditions shall be admissible as the writing itself & deemed preserved as a business record maintained in the regular course of business in accordance with the rules of evidence in any jurisdiction where any action may be brought arising out of or related to the use of this web site. A Better Smile Family Dentistry’s failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

 

© A Better Smile Family Dentistry, New York, all rights reserved

505417.1

'