Terms and Conditions
By entering this Website or related properties of DDC Internet, Inc. and TopDentists.com ("TopDentists" or "the TopDentists Site", or "the Site") linked to this Website, including, without limitation, any Correspondence (as defined below), chat rooms and bulletin boards, or registering your email address to receive correspondence from TopDentists, or registering as a member, you acknowledge and agree to be bound by the following terms and conditions of service (the "Terms and Conditions"). If you do not agree with all of the provisions of these Terms and Conditions, please do not enter, or use the TopDentists Site, register your email address to receive Correspondence, or register as a member.
BY ENTERING THE TOPDENTISTS SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ENTER, ACCESS, OR USE THE SITE, THE SERVICE, OR THE CORRESPONDENCE. TOPDENTISTS MAY MAKE IMPROVEMENTS OR CHANGES IN THE INFORMATION, SERVICES, PRODUCTS, AND OTHER MATERIALS ON THIS SITE, OR TERMINATE THIS SITE, AT ANY TIME WITHOUT NOTICE. TOPDENTISTS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. ACCORDINGLY, YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY, AND YOUR CONTINUED ACCESS OR USE OF THIS SITE SHALL BE DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT.
By entering the TopDentists site, you are acknowledging that TopDentists is not responsible for the content placed on the site by any person entering the site whether the information on the site is provided by TopDentists or a person associated with or affiliated with TopDentists or by any third person entering the site for any purpose. You further acknowledge that you will not seek to hold TopDentists liable for any information or material which you find objectionable or offensive, generally or specifically involving yourself. You further acknowledge and agree that it is possible that persons entering or using the site may express opinions or provide information which you find either objectionable, untrue, inaccurate, defamatory, or libelous. You acknowledge that TopDentists has no control over for such information or postings and that accordingly, you will not seek to hold TopDentists liable for such content, or such damages as you may suffer as a result of such statements or information.
THE TOPDENTISTS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT PROVIDE DENTAL OR MEDICAL ADVICE. TOPDENTISTS IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY MESSAGE OR INFORMATION ON THE TOPDENTISTS SITE AND YOU SHOULD ALWAYS CONSULT A DOCTOR OR DENTIST BEFORE RELYING ON ANY INFORMATION YOU FIND ON THE TOPDENTISTS SITE OR IN THE TOPDENTISTS CORRESPONDENCE. NO DOCTOR PATIENT RELATIONSHIP IS ESTABLISHED BETWEEN YOU AND DDC INTERNET, INC. SINCE DDC INTERNET, INC. IS NOT A DOCTOR OR PROVIDER OF DENTAL SERVICES. A DOCTOR PATIENT RELATIONSHIP CAN ONLY BE ESTABLISHED BETWEEN YOU AND A DOCTOR YOU LEARN ABOUT ON TOPDENTISTS OUTSIDE TOPDENTISTS.
TopDentists and its agents, affiliates, marketing partners, and suppliers assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, materials, or content obtained through the use of the TopDentists Site or Correspondence. The information about health care providers provided on the TopDentists Site, or in Correspondence is for informational purposes only. TopDentists receives health care provider information for this Site, and its Correspondence from many sources. TopDentists does not investigate the information about health care providers on its Site, or in Correspondence, or control the content of the posting, including the comments submitted by Site or Correspondence users. TopDentists makes no warranty of any kind, either express or implied, regarding the quality, accuracy or validity of the date and information about health care providers available from this Site or Correspondence.
TopDentists is not liable or responsible for any injuries or deaths occurring to any user of TopDentists Site or Correspondence, which may occur as a result of use of the Site or reliance on information contained therein or from the use of the services of any doctor you learn about at, or through, TopDentists.
The contents of the TopDentists Site and Correspondence
Upon visiting, registering as a member, or registering your email address with the TopDentists Site, you will receive via electronic mail, Correspondence from TopDentists, including newsletters, other promotional materials from TopDentists, and other promotional and/or informational communications, including advertisements, from TopDentists (collectively, Correspondence). Should you desire not to receive any Correspondence from TopDentists, you may unsubscribe by clicking on the unsubscribe link within the newsletter or other correspondence.
By submitting content, posting messages, uploading files, inputting data and registration information, or engaging in any other form of communication on the TopDentists Site or through services and/or associations made and/or originating on the TopDentists Site, you grant that the owner of such content has expressly granted TopDentists a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right (including any moral rights) and license to:
- Use, reproduce, copy, edit, sublicense, modify, adapt, publish, translate, create derivative works from, transmit, distribute, publicly perform, or display any such communication (in whole or in part) and/or to incorporate it in other works in any form, format, media, medium or technology now known or later developed; and
- Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
- You grant TopDentists the right to modify, supplement or delete the content of certain information you submit to the site.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under any copyright, trademark, servicemark or patent laws under any relevant jurisdiction. You also warrant that the holder of any rights, 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 above. Subject to the foregoing, the owner of such content placed on the TopDentists Site retains any and all rights that may exist in such content.
The TopDentists Site may include bulletin boards and chat rooms ("Common Areas") which allow feedback to TopDentists and interaction between users. You acknowledge that as TopDentists does not monitor the messages, information or files delivered to the common areas, and in recognition thereof you shall not seek to hold TopDentists responsible or liable for any content you may find offensive, objectionable, untruthful or libelous. You further acknowledge and agree by entering and/or using the site, that TopDentists is not responsible in any manner for any opinion expressed on the site and the publication of information or content on the site does not in any represent any opinion, endorsement or statement by TopDentists. You further acknowledge that TopDentists does not have the ability to determine persons or entities making use of the site. TopDentists does not control, or have any obligation to monitor, the messages, information or files delivered to Common Areas. It is a condition of your usage of the TopDentists Site, including, without limitation, Common Areas, and your use of the Correspondence that you do not:
- Post or transmit material to this Site, including, without limitation, Common Areas, that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive, hateful, vulgar, pornographic, profane or indecent, or that violates the intellectual property rights of others or on the privacy or publicity rights of others.
- Use a Common Area for any purpose in violation of local, state, national, or international laws.
- Engage in any conduct that restricts or inhibits any other person from using or enjoying the Common Area or the Site, or which, by the judgement of TopDentists, exposes TopDentists or any of its suppliers, customers, or marketing partners to any liability or detriment of any type.
- Use this Site or Common Areas to post, email, upload any advertisements, spam, pyramid schemes, chain letters, or other promotional materials.
- Use this Site or Common Areas to post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features.
- Post or transmit any message anonymously, or under a false name, impersonate any person or entity, or otherwise misrepresent yourself, or your affiliation with a person or entity.
A user posting material to the TopDentists Site, including without limitation the Common Areas, represents that such material is unique to the user or used with permission of the copyright holder, and assigns to TopDentists ownership of such material.
TopDentists reserves the right to edit or delete any communication(s) posted on the TopDentists site, regardless of whether such communication(s) violate any of the TopDentists Terms and Conditions or above standards.
By submitting communications or content, including without limitation about health care providers, to any part of the Site, you agree that such submission is non-confidential and non-proprietary for all purposes.
TopDentists may make certain experts or other advisors ("Experts") and certain special events ("Events") available to members or other end-users for a fee or at no cost, in TopDentists' sole discretion. Whether provided for free of for a fee, TopDentists does not represent or warrant that advice rendered or other information provided by Experts is accurate, complete or correct, and TopDentists is not responsible for any errors or omissions or for the results obtained from the use of such advice or information. Additionally, TopDentists will not be liable, directly or indirectly, if a member, visitor or other end-user of the Site is unable to receive an Event, whether free or for a fee, for any reason outside of the control of TopDentists. Members, visitors and end-users pay for and attend Events, and interact with Experts at their own risk and TopDentists does not make any representations or warranties as to the quality of member, visitor or end-user experience in connection with any Experts or Events. Information on the TopDentists Site, whether from Experts, provided at Events, provided to members, visitors, or end-users in any way through, or not through the Site itself, from third-party sites or from other members or end-users of TopDentists, is not intended to replace dental advice offered by physicians, or direct and/or personal visits and consultations with physicians. In each case, you are responsible for confirming the truth, accuracy or completeness of any such information received in connection with the TopDentists Site and TopDentists does not represent that any such information is true, complete or correct.
Advertisements and Links to Other Sites
TopDentists does not endorse the content on any third-party websites. TopDentists is not responsible for the content of linked third-party sites, sites framed within the TopDentists Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own discretion and risk and subject to the terms and conditions of use for such sites. TopDentists does not endorse any product advertised on the TopDentists Site.
Disclaimer of Warranties
TOPDENTISTS HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES. TOPDENTISTS DOES NOT OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD-PARTY SITES. THE MATERIALS IN THE TOPDENTISTS SITE AND THE THIRD-PARTY SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TOPDENTISTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TOPDENTISTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TOPDENTISTS SITE, INCLUDING BULLETIN BOARDS, CHAT ROOMS, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOPDENTISTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE TOPDENTISTS SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
TOPDENTISTS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE TOPDENTISTS SITE OR THE CORRESPONDENCE OR ANY TRANSACTIONS ENTERED INTO, DIRECTLY OR INDIRECTLY, THROUGH THE TOPDENTISTS SITE OR THE CORRESPONDENCE.
YOU UNDERSTAND THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TOPDENTISTS SITE OR THE CORRESPONDENCE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOPDENTISTS OR THROUGH OR FROM THE TOPDENTISTS SITE, OR CORRESPONDENCE SHALL CREATE ANY WARRANTY.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TOPDENTISTS, OR ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, TOPDENTISTS CONTENT. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TOPDENTISTS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY TOPDENTISTS CONTENT, OR WITH ANY OF TOPDENTISTS' TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING TOPDENTISTS.
You agree to indemnify and hold TopDentists and DDC Internet, Inc. and its subsidiaries, affiliates, suppliers, officers, agents, co-branders, other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post to, upload or transmit through the TopDentists Site, your use of the TopDentists Site, bulletin boards, chat rooms and Correspondence, your connection to the TopDentists Site and Correspondence, your violation of the Terms and Conditions, or your violations of the rights of any person or entity.
This agreement is effective until terminated by TopDentists, at any time with or without notice. In the event of termination, you are no longer authorized to access the TopDentists Site, or the Correspondence, including, without limitation, bulletin boards and chat rooms, and the restrictions imposed on you with respect to material downloaded from the Correspondence and the TopDentists Site, the disclaimers, indemnities and limitations of liabilities set forth in this agreement, shall survive.
Modification of Terms and Conditions
Upon notice published on the TopDentists Site, or such other notice as may be given, TopDentists may amend or modify these Terms and Conditions, or impose new conditions on use, at any time. Your use of this service after such notice shall be deemed to constitute acceptance of the new Terms and Conditions.
Modification of TopDentists Site
TopDentists and its affiliates, sponsors, Experts, partners, and employees may make improvements or changes in the information, services, products, and other materials on the TopDentists Site without notice. TopDentists may modify the TopDentists Site with or without notice to you and without liability to you or any third party.
Affiliate Marketing Program Disclaimer
Some TopDentists / DDC Internet, Inc. web pages provide links to affiliate product vendors for the benefit of our users. These links are denoted with the text "TopDentists Affiliate" under the provided link. By clicking on an Affiliate Vendor link or purchasing or using the product or service of the vendor, the user agrees to hold harmless TopDentists and DDC Internet, Inc. for any harm or damages that occur as a result of the click, or purchase or use of the product or service of a TopDentists affiliate. TopDentists and DDC Internet, Inc. are not responsible for any personal information given by users to Affiliate Vendors. TopDentists / DDC Internet, Inc. is not responsible for the Delivery or Quality of a product or service purchased through an Affiliate Vendor and TopDentists / DDC Internet, Inc. does not warranty or guarantee any product or service purchased through an Affiliate Vendor. Please consult the Affiliate Vendor's respective Terms and Conditions before making any Affiliate Vendor purchase, using any Affiliate Vendor product or service, or providing any personal information. TopDentists may modify the TopDentists Site with or without notice to you and without liability to you or any third party.
This agreement constitutes the entire agreement between TopDentists and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written and oral. TopDentists' failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. This agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.