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IMPORTANT DISCLAIMER & WEB SITE AGREEMENT- PLEASE READ: 5 Star Dentistry/ 5 Stardentalcare.biz - Web Site Agreement
1.Operating Policies: You agree to comply with the Operating Policies set forth in Exhibit A (as they may be amended by 5 Star Dentistry from time to time), which are the rules that govern your activity in connection with the Site. 5 Star Dentistry has the right but not the obligation to remove any communications and materials that 5 Star Dentistry believes in its sole discretion violate the Operating Policies. 2.Copyright, Licenses and Idea Submissions: The entire contents of the Site are copyrighted under the United States copyright laws. The owner of the copyright is 5stardentalcare.biz. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Site solely for your personal, non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of 5 Star Dentistry. You agree not to change or delete any proprietary notices from materials downloaded from the Site. You agree to grant to 5 Star Dentistry a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Site (such as bulletin boards, forums and newsgroups) by all means and in any media now known or hereafter developed. You also grant to 5 Star Dentistry the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against 5 Star Dentistry for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. WARNING: 5stardentalcare.biz employs a variety of tracking mechanisms to preserve, detect and enforce our copyrights. Among these methods are digital asset management, byte level encoding and digital watermarks. In addition, we use automated tools to detect unauthorized and unapproved reuse of our materials by other web sites. If you intend to use our content, text, graphics or images on another site, you must secure express written permission first. 3.Use of the Site: You understand that, except for information, products or services clearly identified as being supplied by 5 Star Dentistry does not operate, control or endorse any information, products or services on the Internet in any way. Except for 5 Star Dentistry-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with 5 Star Dentistry. User gives permission to the site owners to contact the user regarding the user's posts on any message board on the site. If the user does not supply identifying information and a valid means of contact, then the user gives permission to his or her ISP to release the user's e-mail address to the site owners. You also understand that 5 Star Dentistry cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Site and the Internet. 5 Star Dentistry does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, any merchandise, information or service provided through the Site or on the Internet generally, and 5 Star Dentistry shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally. 5 Star Dentistry does not warrant that the Site will be uninterrupted or error-free or that defects in the Site will be corrected. The Site and any software made available on the Site are provided on an "as is, as available" basis. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. 5 Star Dentistry has no control over and accepts no responsibility whatsoever for such materials. In no event will 5 Star Dentistry be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Site, or any information, or transactions provided on the Site or downloaded or hyperlinked from the Site, even if 5 Star Dentistry or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the Site and/or materials or information downloaded through, or hyperlinked from, the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, 5 Star Dentistry's liability is limited to the greatest extent permitted by law. 4.Indemnification: You agree to indemnify, defend and hold harmless 5stardentalcare.biz, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. 5.Third Party Rights: The provisions of paragraphs 3 (Use of the Site), and 4 (Indemnification) are for the benefit of 5 Star Dentistry and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. 6.Term and Termination: This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Site after you have terminated this Agreement. The provisions of paragraphs 2 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site), 4 (Indemnification), 5 (Third Party Rights) and 7 (Miscellaneous) shall survive any termination of this Agreement. 7.Miscellaneous: This Agreement shall all be governed and construed in accordance with the laws of the State of Pennsylvania applicable to agreements made and to be performed in Pennsylvania. You agree that any legal action or proceeding between 5 Star Dentistry and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Pennsylvania. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. 5 Star Dentistry's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. 5 Star Dentistry may assign its rights and duties under this Agreement to any party at any time without notice to you. Exhibit A - Operating Policies Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by 5 Star Dentistry. 5 Star Dentistry cannot and does not screen content provided by users of the Site. Notwithstanding the foregoing, 5 Star Dentistry reserves the right to monitor content on the Site and to remove content which 5 Star Dentistry, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of the Site and avoids the harm that can result from disseminating statements that are false, malicious, violate of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
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Rick Q. Vu, DDS General Dentist
"A gentle approach"