THE FOLLOWING DESCRIBES THE TERMS ON WHICH INFODONTICS, PLLC d/b/a whatimplantisthat.com OFFERS YOU ACCESS TO OUR SERVICES ON WHATISTHATIMPLANT.COM.
1. ACCEPTANCE OF USER AGREEMENT – This user agreement (“Agreement”) is a contract between you (“User”) and INFODONTICS, PLLC d/b/a whatimplantisthat.com (collectively, “Parties” and individually, a “Party”), which operates the whatimplantisthat.com website (“Site”). INFODONTICS, PLLC d/b/a whatimplantisthat.com offers the Site to User conditionally on User’s acceptance of the Agreement. User’s use of the Site signifies User’s acceptance of the Agreement and all rights and obligations contained therein.
b. Control Over Content. INFODONTICS, PLLC d/b/a whatimplantisthat.com may, at any time and without notice to User change or discontinue any aspect or feature of whatimplantisthat.com, including imposing fees or charges for use.
c. Scope of the Agreement. The Agreement and all terms and policies incorporated by reference constitute the entire agreement between you and INFODONTICS, PLLC d/b/a whatimplantisthat.com as to the Site’s contents.
d. Termination. Either INFODONTICS, PLLC d/b/a whatimplantisthat.com or User may terminate this Agreement at any time.
2. DESCRIPTION OF SERVICES – INFODONTICS, PLLC d/b/a whatimplantisthat.com shall provide access to resources relating to the identification of dental implants (“Services”). Such provisions are subject to change or termination according to Section 1(b) and Section 1(d), respectively.
3. USERS AND USER CONDUCT –
a. INFODONTICS, PLLC d/b/a whatimplantisthat.com is not obligated to grant access to Services to a User and maintains complete discretion as to whether to limit or eliminate a User’s access to Services. Such Limitation or elimination may be effected by any reasonable means, including blocking IP addresses. INFODONTICS, PLLC d/b/a whatimplantisthat.com may terminate the participation of any User without cause or reason, but expressly including any User that INFODONTICS, PLLC d/b/a whatimplantisthat.com judges to be in violation of the Agreement.
b. User shall use the Site only for purposes in accordance with all applicable law pertaining to the User’s and INFODONTICS, PLLC d/b/a whatimplantisthat.com’s state of residence, in addition to any applicable professional or trade-related regulations. User shall not post on or transmit through the Site any material which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights; or which otherwise encourages conduct that would constitute a criminal offense, or would give rise to civil liability or otherwise violate any law.
c. User shall not use the Site to advertise or perform any commercial solicitation.
d. By submitting material to any area of the Site that any typical User could access, the User automatically grants or warrants that the owner of such material has expressly granted INFODONTICS, PLLC d/b/a whatimplantisthat.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material worldwide and/or to incorporate it in other works in any form for the full term of any copyright that may exist in such material. User hereby grants INFODONTICS, PLLC d/b/a whatimplantisthat.com the right to edit, copy, publish and distribute any material that the User makes available on the Site.
4. MEMBER ACCOUNTS
a. Opening an Account. If any of the Services require User to open an account, User shall provide current, complete and accurate information as prompted by the applicable registration form. If any of the information User provides to INFODONTICS, PLLC d/b/a whatimplantisthat.com in the registration process changes after opening an account, User shall, within 14 calendar days of the change, update User’s account information on the Site. User shall also choose a password and user name according to any restrictions outlined in the registration process.
b. Responsibility for Account Use. User bears responsibility for any and all activities that occur under User’s account. User shall notify INFODONTICS, PLLC d/b/a whatimplantisthat.com of any unauthorized use of User’s account, or any other breach of security, within 24 hours of discovery of such use or breach. User releases INFODONTICS, PLLC d/b/a whatimplantisthat.com from liability for any loss that User incurs as a result of improper use of User’s account. User shall indemnify INFODONTICS, PLLC d/b/a whatimplantisthat.com for any losses incurred by INFODONTICS, PLLC d/b/a whatimplantisthat.com as a result of the use of User’s account that gives rise to liability.
c. Use of One’s Own Account. User shall not use the account of another User without express permission of the account holder.
5. COPYRIGHTED MATERIAL –
a. The Site contains copyrighted material, including the images of particular implants, and the entire contents of the Site are copyrighted as a collective work under the copyright laws of the United States. User shall not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Any reproduction, redistribution, modification or other improper use of the copyrighted material in violation of this Section is expressly prohibited and may result in severe civil and criminal penalties. Violating Users will be prosecuted to the maximum extent possible.
b. User may download copyrighted material for User’s personal use only. Except as otherwise permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of INFODONTICS, PLLC d/b/a whatimplantisthat.com.
i. In the event of permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
ii. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a. User agrees that use of the Site is at User’s sole risk. Neither INFODONTICS, PLLC d/b/a whatimplantisthat.com nor any of its employees, agents or third-party content providers warrant that the Site will be uninterrupted or error free; nor do these parties make any warranty as to the results that may be obtained from use of the Site, or as to the accuracy, reliability or content of any information, including images, or service through the Site.
b. The Site is provided on an “As Is” basis without warranties of any kind, either express or implied, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the applicable laws of this Agreement.
c. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, delay in operation or transmission, computer virus, or under any other cause of action. User acknowledges that INFODONTICS, PLLC d/b/a whatimplantisthat.com is not liable for the defamatory, offensive or illegal conduct of other Users or third-parties, and that the User bears sole risk of injury from the foregoing.
d. In no event will INFODONTICS, PLLC d/b/a whatimplantisthat.com or any person or entity involved in creating, producing or maintaining the Site be liable for any damages arising out of the use of or inability to use the Site. User acknowledges that the provisions of this section shall apply to all content on the Site.
e. In addition to the terms set forth above, neither INFODONTICS, PLLC d/b/a whatimplantisthat.com, nor its employees, or information providers are liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Site, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties are to be liable for any third-party claims or losses of any nature.
7. INDEMNIFICATION – User shall indemnify INFODONTICS, PLLC d/b/a whatimplantisthat.com and its employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site by User or User’s account.
a. Severability. If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and all other provisions remain in force.
i. Any party’s failure to seek redress for violations of or to insist on the strict performance of any covenant, condition, restriction, term, or provision of this Agreement does not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation. The rights and remedies provided by this Agreement are cumulative, and are in addition to any other rights the parties may have by law, statute, ordinance or otherwise.
ii. The use of any one right or remedy by any party does not preclude or waive the right to use any or all other remedies.
c. Assignment and Delegation. Either party may assign its rights, or may delegate its duties, under this Agreement in whole or in part.
d. Successorship. This Agreement is binding on the heirs, representatives and assigns of the Parties.
e. Force Majeure. Neither party is held responsible if the fulfillment of any terms or provisions this Contract are delayed or prevented by revolution or other disorders, wars, acts of enemies, strikes, fires, floods, acts of God, [or without limiting the foregoing, by any other cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence, the party is unable to prevent, whether of the above class of causes or not.]
f. Choice of Law. The validity, interpretation and performance of this Agreement is controlled by and construed under the laws of the State of Ohio.
g. Arbitration. The Parties shall settle any controversy or claim arising out of or relating to this contract, or breach thereof, by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
h. Notice. The Parties shall give all notices and other communications required or permitted under this Agreement in electronic mail. Such notices are deemed given one day after being sent by electronic mail and addressed (if sent to INFODONTICS, PLLC d/b/a whatimplantisthat.com) to the contact information as found on the site, or (if sent to User) to the email address provided according to Section 4(a).
i. Headings/Caption. The paragraph headings used in this Agreement are for convenience and reference purposes only and do not add to, limit, or in any manner affect the subject matter.
j. Construction. Whenever the singular number is used in this Agreement and when required by the context, that number includes the plural and vice versa, and the masculine gender includes the feminine and neuter genders and vice versa. All pronouns and variations thereof refer to masculine, feminine, or neuter genders, singular or plural, as the identity of the person may require. The words “include,” “including” and “includes” as used in this Agreement are deemed to be followed by the words “without limitation.”