IMPORTANT – READ CAREFULLY:
These Terms of Use are a legal agreement between you (either an individual or on behalf of a single entity) and Charming Smile Dental for the use of this website (the “Site”). BY VIEWING THE VIDEOS AND INFORMATION CONTAINED ON THIS WEBSITE OR OTHERWISE USING THE MATERIALS (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE OR THE MATERIALS.
INTRODUCTION
These Terms of Use state the terms and conditions under which you may use the videos and related information within this Site. Please read this page carefully. Charming Smile Dental may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on you.
MATERIALS ON SITE
Charming Smile Dental authorizes you to view the materials on this Site solely for your personal, noncommercial use. The contents of this Site, such as text, graphics, images, videos, software and other material, are protected by copyright, trademark and other United Sates and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws. The information on this Site is for informational purposes only and does not create a business or professional services relationship between you, and Charming Smile Dental. You will comply with all applicable laws regarding the use of the Materials and the Site. If you violate these Terms of Use, your permission to use the Materials and the Site automatically terminates.
OWNERSHIP
Unless otherwise stated, the Materials are owned by Charming Smile Dental. All trademarks and logos used or referred to in this Site are the property of Charming Smile Dental or their respective owners. Nothing on this Site confers any license or right to any copyright, patent, trademark or other proprietary interest of Charming Smile Dental or any third party. Except for the specific right to view the Materials on the Site, the Materials may not be used, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
Charming Smile Dental and their licensors will have sole and exclusive ownership of all right, title, and interest in and to the Materials and all modifications and enhancements thereof. You may not sublicense, sell, transfer, copy, modify, or distribute the Materials, or any copy, adaptation, or portion thereof. You may not reverse assemble or compile, or otherwise translate the Materials. You acknowledge that Charming Smile Dental claims and reserves all rights and benefits afforded under Federal law in the programs, data-base information, and user materials included in the Charming Smile Dental as copyrighted works. Charming Smile Dental reserve all rights not expressly granted in these Terms of Use.
You acknowledge that, in the event of your breach of any of the foregoing provisions, Charming Smile Dental may not have an adequate remedy in money or damages. Charming Smile Dental will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction, in addition to all other available remedies.
USE OF THE VIDEOS THE CHARMING SMILE DENTAL WEBSITE
By viewing the Charming Smile Dental Website you confirm that you will view the Charming Smile Dental website and videos for informational purposes only.
Charming Smile Dental grant you a nonexclusive, non-transferable, revocable license to view the Charming Smile Dental website for your personal, non-commercial use pursuant to the terms set forth in these Terms of Use.
You agree that under no circumstances shall you provide any personally identifiable information such as name, address, email address or phone number to Charming Smile Dental.
You agree to use the Charming Smile Dental video and website for informational purposes only and will not use the Charming Smile Dental videos or website as a substitute for your dentist’s description of any dental procedure or disclosure or advice regarding any dental procedure. You acknowledge that Charming Smile Dental videos and website do not provide medical or dental advice or diagnoses and Charming Smile Dental shall not be liable to you for any misinterpretation or misunderstanding of the Charming Smile Dental videos and website by you or any other party. You should discuss any Charming Smile Dental videos and website content you view with your dentist or doctor and look to your dentist or doctor for any diagnoses or advice and to determine the applicability, risks and benefits of any procedure described in the Charming Smile Dental videos or website. You are solely responsible for discussing the cost of all procedures and treatments with your dentist and determining if any treatments are covered by your insurance.
DISCLAIMER
CHAMRING SMILE DENTAL, DO NOT WARRANT THAT THE SITE OR MATERIALS WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER AND THE MATERIALS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Charming Smile Dental IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CHARMING SMILE DENTAL TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CHARMING SMILE DENTAL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS CONTAINED IN THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT WILL CHARMING SMILE DENTAL AND DR SINGAL ANY OF THEIR SUPPLIERS OR ANY THIRD PARTY MENTIONED ON THE SITE BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR DAMAGES (INCLUDING WITHOUT LIMITATION ANY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR USE OF THE MATERIALS, INCLUDING WITHOUT LIMITATION, THE CHARMING SMILE DENTAL VIDEOS AND WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHARMING SMILE DENTAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states and jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties. Therefore some of the limitations set forth in the Sections entitled “Disclaimer” and “Limitation of Liability” may not apply to you.
INDEMNIFICATION
You will indemnify, hold harmless, and, if Charming Smile Dental requests, defend Charming Smile Dental, their officers, directors, employees and agents, from and against any claims, liabilities, losses, actions, demands, costs (including without limitation attorneys’ fees and costs), alleging or arising from or related to (i) your use of the Materials, including without limitation the Charming Smile Dental Videos and website, and (ii) your breach of these Terms of Use.
GOVERNING LAW
You agree that these Terms of Use and any legal action or proceeding relating to this Site shall be governed by the laws of the State of New Jersey, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts in Hudson County in the State of New Jersey in any litigation or dispute arising out of or related to these Terms of Use or the Materials.
EXPORT RESTRICTIONS
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or person prohibited under the export control laws.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In the event of any termination or expiration of these Terms of Use for any reason, all provisions of these Terms of Use whose meaning requires them to survive shall survive the expiration or termination of these Terms of Use, including, without limitation, the provisions contained in the following Sections: “Ownership,” “Disclaimer,” “Limitation of Liability,” “Indemnification,” “Governing Law,” and “General.”
GENERAL
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In the event of any termination or expiration of these Terms of Use for any reason, all provisions of these Terms of Use whose meaning requires them to survive shall survive the expiration or termination of these Terms of Use, including, without limitation, the provisions contained in the following Sections: “Ownership,” “Disclaimer,” “Limitation of Liability,” “Indemnification,” “Governing Law,” and “General.”
