Terms and condition
Listed below are the “Terms and Conditions of Use” of Dr. Jacqueline I. Fulop, D.M.D., P.C. (the “Company”) and the Company’s website located at www.drjacquiesmiles.com(“Dr. Jacquie” or “DJS”) under which you may access and use the Dr. Jacquie website located at www.drjacquiesmiles.com(hereinafter collectively with any of its sub-domains, referred to as the “Web Site” or “Website”). Do not use this Web Site and/or the related services if You do not accept these Terms and Conditions of Use (“Terms and Conditions”). By using this Web Site, you are indicating your acceptance of these Terms and Conditions and agree to be bound by them. DJS may revise these Terms and Conditions at any time by updating this posting without further notice to you. You should review these Terms and Conditions periodically to determine whether any revisions may affect Your use. By using the Web Site, you agree to and acknowledge these Terms and Conditions and further agree to remain in compliance with these Terms and Conditions. Should you breach these Terms and Conditions, DJS reserves the right to restrict or limit your access (and your IP address) to the Web Site. The terms "You" and “Your” refer to all individuals and/or entities accessing this web site for any reason, whether or not you are a patient of the Company.
Use of the Web Site.
This Web Site may be used for lawful purposes only by individuals seeking dental or orthodontic treatment. You may not use this Web Site to transmit, distribute, store or destroy material in violation of any applicable law or regulation; (a) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others; (b) in a manner that violates the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, illegal, threatening, abusive or hateful.
You may not violate or attempt to violate the security of the Web Site, including, but not limited to:
(a) accessing data not intended for You or by logging into a server or account which You are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", “mailbombing,” or "crashing" or any similar introduction of malicious code;
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
DJS will investigate occurrences which may involve such violations and may cooperate with law enforcement authorities in prosecuting any such violations. Violations of system or network security may result in civil or criminal liability.
DJS prohibits, and You agree not to use the Web Site to:
(a) Delete or revise any material posted by any other user or entity.
(b) Use any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site.
(c) Take any action which imposes an unreasonable or disproportionately large load on this Web Site’s infrastructure.
(d) If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose. You are responsible for all use of your registration, whether or not you authorize such use and You agree to immediately notify DJS of any unauthorized use of Your registration or password.
(e) Frame or link to any of the Material or information available from the Web Site.
(f) Post material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless You own them or have the permission of the owner.
(g) Post material that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
In addition to the foregoing, DJS prohibits You from:
(a) Sending unsolicited mail or e-mail, or other communications, making unsolicited phone calls, sending unsolicited faxes, or sending other communications through the Web Site regarding promotions and/or advertising of products or services to other Users;
(b) Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site other than the search engine and search agents available from the Web Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari);
(c) Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Web Site, including without limitation, the Company’s applications (each application is hereinafter referred to as an “App.”); or
(d) Aggregating, copying or duplicating in any manner all or part of the Web Site Content or information available from the Web Site, without express written consent from DJS.
Use of Material.
DJS authorizes You to view and download a single copy of the Material on the Website solely for your personal, noncommercial use. In the event any material on the Website is not owned by the Company, such material has been specifically licensed for use by DJS. Any and all Material on the Website is property of DJS (or specifically licensed to DJS) and therefore not permitted to be copied, modified, amended or reproduced in any way without the prior, written consent of the Rights’ Holder(s). DJS reserves the right to monitor analytics to determine abuses of these terms and conditions and to restrict access or take other legal action against abusers of this Policy.
The contents of the Web Site, such as text, graphics, images, logos, button icons, software and other materials (collectively "Material") are property of DJS or its content suppliers or clients and may be protected under both United States and foreign copyright, trademark and other laws. The collection, arrangement, assembly, display and appearance of all content on this Web Site is the exclusive property of DJS and are protected by United States and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other privacy laws. You must retain all original copyright, trademark, service-mark and other proprietary notices on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material on any other web site or in any way for any reason, whether private, public or commercial. You may not copy or adapt the HTML code that DJS creates to generate its pages.
Submissions to the Web Site.
You are responsible for Your own communications and for the consequences of their posting. DJS does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users, nor does it endorse any opinions expressed by users. You acknowledge that you rely on any material posted by other users at your own risk.
DJS acts only as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance. DJS is not responsible for screening or monitoring material posted by users. DJS may investigate and determine in good faith and its sole discretion whether to remove or request the removal of a communication that does not conform, or is alleged not to conform, with these Terms and Conditions. DJS has no liability or responsibility to You for its performance or non-performance of such investigations or removal. DJS reserves the right to prevent Your further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which violate these Terms and Conditions. DJS may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for DJS or may cause DJS to lose (in whole or in part) the services of its ISPs or other suppliers.
By submitting content to any area of the Web Site, including message boards, forums, blogs, contests and chat rooms, if any, You grant DJS and its affiliates the royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, if not You, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any other user to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
Any hyperlinks contained in posting will be disabled when posted on the Web Site.
Links to Other Sites.
Links to third party web sites are provided on the Website as a convenience to you and not as an endorsement by DJS of the content on third-party Web sites. DJS is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. You hereby acknowledge that you access linked third party web sites at your own risk.
DJS respects the intellectual property rights of others and request that the people who use the Web Site do the same. If you believe that your work has been reproduced and is accessible on the Web Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
(a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
(b) identification of the copyrighted work that you claim has been infringed;
(c) indemnification of the material that is claimed to be infringing and information reasonably sufficient to permit Hyperlink Inc to locate the material (for example, by providing a URL to the material);
(d) your name, address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement can be reached at: email@example.com.
You agree to defend, indemnify, and hold harmless DJS, its officers, directors, employees, representatives and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use of the Material or alleging Your breach of the terms of these Terms and Conditions. DJS will provide prompt notice to You of any such claim, suit, or proceeding and shall assist You, at your sole expense, in defending any such claim, suit or proceeding.
DJS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN DAMAGE TO YOUR EQUIPMENT OR THE LOSS OR CORRUPTION OF DATA, DJS IS NOT RESPONSIBLE FOR SUCH DAMAGE OR FOR ANY ASSOCIATED COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. DJS, TO THE EXTENT PERMITTED BY U.S. LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. DJS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
DJS Limitation on Liability.
Because DJS is not involved in user-to-user dealings and does not control the behavior of participants on the Web Site and in the Blog, in the event that You have a dispute with one or more other users, You release DJS (and our agents and employees) from claims, demands and damages (contractual, actual and consequential, direct and indirect, punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
DJS is under no legal obligation to, and generally does not, control the information provided by other users which is made available through the Web Site. Other user’s information may, by its nature, be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using this Web Site.
DJS makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. You use the Web Site and the Material at your own risk.
You are solely responsible for the form, content and accuracy of any information contained in resumes or other material submitted by You to the Web Site.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL DJS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER FOR BODILY, MORAL OR MATERIAL INJURY (INCLUDING, BUT NOT LIMITED TO, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACTUAL OR EXTRA-CONTRACTUAL LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DJS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability.
DJS’s aggregate liability to You for all claims arising from the use of the Materials and the Web Site is limited to one hundred dollars ($100.00).
If You breach any of these Terms and Conditions or if DJS is unable to verify or authenticate any information you submit to the Web Site, DJS may pursue all of its legal or equitable remedies including, but not limited to, deletion of Your postings from this Web Site and immediate termination of your registration, account or ability to access the Web Site and/or any other service provided to You by DJS without further notice to you.
UPDATED: August 18, 2011