DENTISTS 4 CHILDREN
Terms of Use
Please read these Terms of Use carefully before you start to use this Website and any related sub-pages and materials. These Terms of Use:
- Outline your legal rights regarding this Website,
- Explain the rights you give to us when you use this Website, and
- Establish how disputes or lawsuits regarding this Website will be handled, and includes waivers and limitations on our legal liability that may apply to you.
By using the Website you agree to be bound and abide by these Terms of Use and consent to having your personal information collected and processed in accordance with our Privacy Policy.
Table of Contents
- Acceptance of the Terms of Use
- Changes to the Terms
- Governing Law and Jurisdiction
- Dispute Resolution
- Limitation on Time to File Claims
- Permitted and Non-Permitted Uses of the Website
- Intellectual Property Rights
- Trademarks
- Monitoring and Enforcement; Termination
- Reliance on Information Posted and Links to Other Sites
- Information About You and Your Visits to the Website
- Service Limitations
- Linking to the Website and Social Media Features
- Accessibility of the Website
- Marketing and Promotional Communications
- Disclaimer of Warranties
- Limitation on Liability
- Indemnification
- Waiver and Severability
- Assignment
- Entire Terms
- Contact Us
1. Acceptance of the Terms of Use
These Terms of Use are entered into by and between you and DENTISTS 4 CHILDREN ("DENTISTS 4 CHILDREN," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms"), govern your access to and use of dentists4children.com and any related sub-pages (collectively, "Website"), as well as any content, functionality, and services offered on or through the Website.
When we refer to "you" or "your," we mean the person who is visiting and using the Website. If you are using this Website on behalf of an organization, you agree to these Terms for that organization and represent to us that you have the authority to bind that organization to these Terms (and in that case "you" and "your" will refer to that organization).
Please note that the Website is not targeted at children or intended for use by individuals under the age of 18.
2. Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida.
4. Dispute Resolution
Please read this section carefully – it significantly affects your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.
You and DENTISTS 4 CHILDREN agree that that most disputes that arise between us and that involve this Website, the Terms, or any other services or products provided to you by us (each a "Dispute") should be resolved through binding arbitration or in small claims court, instead of in courts of general jurisdiction. Both you and DENTISTS 4 CHILDREN specifically agree to waive the right to a trial by jury. However, this Agreement to arbitrate does not prevent you or us from participating in a class-wide settlement of claims.
a. Waiver of Non-Individual Claims
The Parties agree that Disputes will be arbitrated on an individual basis only. Neither of the Parties may join together Disputes with those of any other person or entity or arbitrate any Dispute as a representative or a member of a class or in a private attorney general capacity.
b. Mandatory Informal Dispute Resolution Process
Before submitting a demand for arbitration in accordance with the provisions set forth in this section, you and DENTISTS 4 CHILDREN agree to first attempt to negotiate any Dispute informally for at least 30 days (the "Notice Period") before initiating arbitration proceedings. This informal negotiation requires that you send a written Notice of the Dispute ("Notice") to the other Party. Notice to DENTISTS 4 CHILDREN should be sent via certified mail or by overnight delivery to DENTISTS 4 CHILDREN at the contact information provided in Section 22.
During the informal dispute resolution process, should the Party receiving the Notice make a request to participate in a telephone discussion or video conference with regard to the Notice, both Parties agree to participate in at least one such discussion or conference with the objective of resolving the Dispute prior to the conclusion of the Notice Period.
c. Terms to Binding Individual Arbitration
You and DENTISTS 4 CHILDREN agree that subject to the limited exceptions set forth in this section, all Disputes will be submitted to and resolved by binding arbitration on an individual basis. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
d. Exception – Small Claims Court
Notwithstanding the foregoing, either Party retains the right to have a Dispute heard in small claims court if the Dispute is within the jurisdiction of the small claims court and proceeds on an individual (non-class) basis.
e. Arbitration Procedures
You and DENTISTS 4 CHILDREN acknowledge that this section of the Terms affects interstate commerce and that the enforceability of this section shall be governed by, construed, and enforced, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), to the maximum extent permitted by applicable law.
Arbitration under these Terms shall be administered by the American Arbitration Association (the "AAA") before a single AAA arbitrator under the AAA's Consumer Arbitration Rules then in effect (the "AAA Rules"), as modified by these Terms, except as provided in the "Additional Procedures for Mass Arbitration Filings" below. The AAA Rules and filing forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
The Parties agree that the arbitrator may award the same relief available in court provided that such relief is individualized to you and is not granted on a class-wide basis.
The arbitration will be conducted before a sole neutral arbitrator who shall be located at or near the county in which you reside unless both Parties agree otherwise. The arbitrator will be either a lawyer with at least 10 years' experience, a retired judge, or a neutral with comparable experience in conducting arbitrations, who has training in consumer financial services dispute resolution.
The arbitrator may not award relief to anyone who is not a Party to the proceeding. The award of the arbitrator is final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
f. Additional Procedures for Mass Arbitration Filings
If twenty-five (25) or more claimants (including you) submit Notices or seek to initiate arbitration claims raising similar claims and are represented by the same or coordinated counsel, the claims will be subject to the following Additional Procedures (which will supplement the Notice Procedures and the Arbitration Procedures):
Stage One: If at least 50 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for DENTISTS 4 CHILDREN shall each select 10 Disputes to proceed first in arbitration as individual arbitration proceedings to be conducted in accordance with the AAA Rules (the "Initial Test Cases"). Only the Initial Test Cases will be adjudicated as part of Stage One and all other Disputes shall not be adjudicated and will be held in abeyance unless and until needed.
Stage Two: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for DENTISTS 4 CHILDREN agree to engage in a single mediation session of all of the remaining Disputes before a jointly selected mediator, with each Party paying one half of the mediation fees.
Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is part of a Mass Arbitration shall thereafter be submitted to and resolved by arbitration on an individual basis in accordance with the AAA Rules and the other provisions of these Terms.
The Additional Procedures for Mass Arbitration Filings provision and each of its requirements are essential to arbitration of Mass Arbitration. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Additional Procedures for Mass Arbitration Filings provision from the time the first claimant initiates the Notice Procedures until your claim is selected to proceed as part of a staged proceeding, mediation, or arbitration.
g. Future Changes to Arbitration Terms
If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change within 30 days of the change going into effect by sending us written notice to the address set forth in the Notice Procedures.
h. Class Action Waiver And Jury Trial Waiver
You and DENTISTS 4 CHILDREN each agree that any proceeding, whether in arbitration or litigation, will be conducted solely on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, you and DENTISTS 4 CHILDREN each waive any right to a jury trial.
5. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
6. Permitted and Non-Permitted Uses of the Website
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm DENTISTS 4 CHILDREN or users of the Website, or expose them to liability.
- To violate (or help or encourage others to violate) these Terms or our other policies.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- Accessing or using the Website via mechanical, programmatic, robotic, scripted or any other automated means.
7. Intellectual Property Rights
The Website, including its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) is owned by DENTISTS 4 CHILDREN, its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The DENTISTS 4 CHILDREN Content is not sold or transferred to you, and DENTISTS 4 CHILDREN and its licensors retain ownership of all copies of the DENTISTS 4 CHILDREN Content even after it has been accessed by you.
8. Trademarks
DENTISTS 4 CHILDREN's name, the DENTISTS 4 CHILDREN logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DENTISTS 4 CHILDREN or its affiliates or licensors. You must not use such marks without the prior written permission of DENTISTS 4 CHILDREN. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
9. Monitoring and Enforcement; Termination
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any reason, including for any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing or using the Website.
10. Reliance on Information Posted and Links to Other Sites
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information.
We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
11. Information About You and Your Visits to the Website
All information we collect through the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
This Website may contain links to other independent third-party sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors.
12. Service Limitations
We shall make reasonable efforts to keep the Website operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions.
13. Linking to the Website and Social Media Features
You may link to our homepage of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice.
14. Accessibility of this Website
If you are having difficulty accessing our Website, please contact us using the contact information below.
15. Marketing and Promotional Communications
If you provide us your e-mail through the Website, you agree to receive marketing and promotional messages from DENTISTS 4 CHILDREN, and you agree that DENTISTS 4 CHILDREN may use automatic telephone dialing systems in connection with messages sent to any e-mail address you provide.
16. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PROVIDED BY LAW, DENTISTS 4 CHILDREN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DENTISTS 4 CHILDREN, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Indemnification
You agree to defend, indemnify, and hold harmless DENTISTS 4 CHILDREN, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.
19. Waiver and Severability
No waiver by DENTISTS 4 CHILDREN of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
20. Assignment
DENTISTS 4 CHILDREN may assign these Terms, and any of its rights under the Terms, in whole or in part, and DENTISTS 4 CHILDREN may delegate any of its obligations under the Terms. You may not assign these Terms without DENTISTS 4 CHILDREN's prior written consent.
21. Entire Terms
The Terms constitute the sole and entire agreement between you and DENTISTS 4 CHILDREN regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
22. Contact Us
The Website is operated by:
DENTISTS 4 CHILDREN
1709 Forum Place, Ste 1B
West Palm Beach, FL 33401
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: in**@***************en.com.