PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING LORENA M. SURBER DDS, PLLC’s WEBSITE AND RELATED SERVICES.
- Binding Agreement
These Terms and Conditions form a legal agreement between you (“You” or “Your”) and Company regarding Your use of the Website. By using the Website, You represent and warrant that (i) You have read and understood, and agree to be bound by, these Terms and Conditions, and (ii) You are at least 18 years old and legally qualified to enter into contracts. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT AGREE TO BE BOUND BY THEM, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
- Relationship, No Privilege
Except for any relationship between Company and You existing outside of these Terms and Conditions, You are not an agent, employee, patient, partner, joint venturer, or other authorized party of Company, and Your use of the Website neither creates a dentist-patient relationship nor a dentist-patient privilege. The Website is not a substitute for personal dental advice. Do not delay or disregard professional advice because of the Website. If You have an emergency, call 911 or go to the nearest hospital.
- Prohibited Uses
You represent and warrant that You will not do the following in relation to the Website: (a) violate these Terms and Conditions or any applicable law or regulation; (b) transmit viruses, Trojan horses, worms, malicious code, or destructive content; (c) use a robot, spider, or other application to retrieve or index any part of the Website; (d) attempt to probe, scan, test, or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to any content; or (e) infringe on any patent, trademark, copyright, or other proprietary right of another.
- Intellectual Property
Company’s trademarks, copyrighted material, and the Website are the intellectual property of Company and/or its licensors. You may not copy, modify, publish, transmit, distribute, display, or sell any of Company’s propriety content, and You do not own any right, title or interest in the same. If You believe Website content infringes one or more of Your copyrights, please promptly provide Company with an identification of the copyright claimed; a description of the material You claim is infringing; Your name, address, telephone number, and email address; and a signed statement by You (i) that You believe in good faith that the use of Your copyrighted material is not authorized by law, or by the copyright owner or such owner’s agent and, (ii) under penalty of perjury, that all of the information contained in Your notice is accurate, and that You are either the copyright owner or a person authorized to act on their behalf. For more information, please see the Digital Millennium Copyright Act.
- Third-Party Content
You may provide personal information to Company, including through Your use of the Website. Subject to applicable laws, including the Health Insurance Portability and Accountability Act (“HIPPA”), Company reserves the right to disclose Your information or content if required by law, in response to a subpoena, court order, or other valid process, or to cooperate in any investigation by law enforcement.
By using the Website, You agree to receive communications regarding the Website, offers, promotions, and other related matters from Company by email, private message, SMS message, phone, and Website posts.You may opt out of any form of communication by emailing Company at SURBERSMILES@YAHOO.COM
- Disclaimer of Warranties
COMPANY, ON BEHALF OF ITSELF AND ITS AGENTS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARM, WHETHER TO YOU OR ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE.While Company has utilized guidelines to create a Web Content Accessibility Guidelines (“WCAG”) 2.0 AA Compliant Website, it makes no warranties, including relating to accessibility guidelines. If you have any questions or suggestions regarding accessibility, please contact SURBERSMILES@YAHOO.COM
- Limitation of Liability
NEITHER COMPANY NOR ITS AGENTS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR USE, FOR ANY CORRUPTION OR IMPAIRMENT OF DATA OR USE, FOR ATTORNEY’S FEES, OR FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR OR ANY THIRD-PARTY CONDUCT RELATING TO THE WEBSITE, REGARDLESS OF ANY NOTICE. Such limitation shall apply to the fullest extent permitted by law, despite any failure of essential purpose of any limited remedy, and without regard to whether the claim relates to tort, breach of contract, or any other legal theory. You knowingly assume all related risk. Your sole remedy is to stop using the Website.
- Choice of Law, Binding Arbitration, Injunctive Relief, Venue
THESE TERMS AND CONDITIONS SHALL BE INTERPRETED AND ENFORCED AS THOUGH EXECUTED IN CHARLESTON AND SHALL BE CONSTRUED IN ACCORDANCE WITH CHARLESTONLAWS WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.
THE PARTIES HEREBY AGREE TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE WEBSITE OR RELATED SERVICES BY BINDING ARBITRATION, TO THE FULLEST EXTENT PERMITTED BY LAW, IN WEST VIRGINIA IN KANAWHA COUNTY IN THE PARTIES AGREE TOWAIVE ANY RIGHT TO JOIN CLAIMS WITH OTHERS OR OTHERWISE PROCEED IN A CLASS ACTION IN ARBITRATION. ANY ARBITRATION AWARD MADE AFTER COMPLETION OF AN ARBITRATION WILL BE FINAL. IF THE ARBITRATOR FINDS THAT A COMPLAINT IS FRIVOLOUS, THE ARBITRATOR SHALL ORDER THE PARTY BRINGING THE COMPLAINT TO PAY ALL FEES AND COSTS.
THIS PROVISION DOES NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES, INCLUDING ORDERS TO STAY COURT ACTION OR COMPEL ARBITRATION, OR FROM APPLYING FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION TO PRESERVE INTELLECTUAL PROPERTY RIGHTS, IN STATE OR FEDERAL COURTS IN WEST VIRGINIA IN KANAWHA COUNTY. YOU SPECIFICALLY AGREE THAT A BREACH OF THESE TERMS AND CONDITIONS WILL LEAD TO IRREPARABLE INJURY AGAINST COMPANY AND THAT COMPANY MAY SEEK IMMEDIATE COURT INJUNCTIVE RELIEF FOR SUCH BREACH.
THE PARTIES FURTHER WAIVE ANY OBJECTION TO PERSONAL JURISDICTION AND VENUE IN WEST VIRGINIA IN KANAWHA COUNTY.
You agree to defend, indemnify, and hold harmless Company and its agents from and against any third-party claim, action, loss, or damages arising from or in any way related to Your use of the Website, including related to Your interactions with other users or Your violation of these Terms and Conditions.
These Terms and Conditions and all of Your rights and obligations here under are not assignable or transferable by You. Notwithstanding the foregoing, these Terms and Conditions will be binding upon, and will inure to the benefit of, Your successors and assigns.
- Termination, Changes, No Waiver
You have no right to use the Website. Company may terminate Your use of the Website, modify or discontinue the Website, or modify these Terms and Conditions for any reason at any time without notice. Company’s termination shall automatically terminate Your right to use the Website. Provisions regarding prohibited uses, intellectual property, warranties, limitations of liability, and indemnity shall survive any such termination.It is Your responsibility to review these Terms and Conditions periodically. IF YOU FIND ANY CHANGES UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. Company shall have no obligation of any sort in connection with any modification or discontinuance of the Website. Company cannot waive any rights under these Terms and Conditions except by a signed writing.
- Entire Agreement, Severability
These Terms and Conditions constitute the entire agreement between You and Company concerning the Websiteand supersede all prior or contemporaneous understandings or agreements regarding these matters. Headings are for convenience only. If any part of these Terms and Conditions is held invalid or unenforceable, the remaining parts will remain in full force and effect to the maximum extent permitted.
Questions regarding these Terms and Conditions should be directed to Company via email at SURBERSMILES@YAHOO.COM