Last updated on: November 1, 2005
This Subscriber Agreement governs your use of Smilefinder, SmileFinder, and, unless other terms and conditions expressly govern, any other electronic services from Smilefinder and SmileFinder that may be made available from time to time (each, a "Service").
1. Changes to Subscriber Agreement
We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically. The changes also will appear in this document, which you can access at any time by going to the Legal Notices section. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement.
3. Fees and Payments
Current fees are conspicuously posted with information about any service we provide. You are responsible for understanding the fee for a service and how that fee will be billed before you sign up for such service. You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. Subscription fees will be billed to your credit card at the beginning of your subscription or any renewal period. All fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, but you will be given notice in advance of any such change.
If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your user name and password without your authorization, you must contact us in a timely manner.
If you are authorized to access a Service through arrangements between your employer and us, some or all of these \"Fees and Payments\" terms may not apply to you. Please contact your employer for details.
Your subscription will renew automatically, unless you cancel or we terminate your subscription. You must cancel your subscription before the next renewal term in order to avoid billing of subscription fees for that term to your credit card.
5. Limitations on Use
a. Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise.
b. The content available through the Services is our property or the property of our licensors and is protected by copyright and other intellectual property laws. Current paid subscribers may display or print the content available through the Services for your personal, non-commercial use only.
You agree not to sell, publish, distribute, retransmit or otherwise provide access to the content received through the Services to anyone, including your fellow employees, with the following two exceptions:
(i) You may occasionally distribute a copy of an article, or a portion of an article, from a Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase "Used with permission from Smilefinder" or "Used with permission from SmileFinder." Please consult the Mediadontics Reprints web site if you need to distribute an article from a Service to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement.
(ii) You may occasionally use our "E-mail This" service to e-mail an article from a Service to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from a Service.
c. You agree not to create abstracts from, scrape or display headlines from our content for use on another web site or service. You agree not to post any content from the Services to newsgroups, mail lists or electronic bulletin boards, without our written consent.
To request consent for this and other matters, please contact Client Services.
d. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
6. Third Party Web Sites, Services and Software
We may link to, or promote, web sites or services from other companies on a Service or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.
7. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not give medical or legal advice or advocate any medical procedure or legal course. You should always seek the assistance of a professional for such advice.
MEDIADONTICS AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE MEDIADONTICS PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE MEDIADONTICS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE MEDIADONTICS PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be the state and federal courts located in Los Angeles County, California, and you consent to jurisdiction and venue in such courts. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Additional Terms and Notices
Text, photos, graphics, audio and/or video material whether published or downloaded from Smilefinder or any Mediadontics' website ("Content") shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither Content nor any portion thereof may be stored in a computer except for personal and noncommercial use.
Mediadontics® is a registered trademark of Mediadontics, and Smilefinder and SmileFinder are service marks of Mediadontics.
Copyright © 2001 Mediadontics Corp, Inc. All rights reserved. Smilefinder Logo is a registered service mark of Mediadontics.