Terms of use

 

1.         READ THIS:

This Terms of Use Agreement (“Agreement”) is made by and between Joyce Lam Dental Corporation d.b.a S.J. Dental (“S.J. Dental”) and you (“you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this Website.

BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER S.J. Dental SERVICES, OR WEBSITES (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

S.J. Dental– RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN S.J. Dental’s SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE TERMS OF USE HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE S.J. Dental WEBSITE.

2.         RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site. As a condition of your use of S.J. Dental’s website(s), you warrant to S.J. Dental that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) download any content from this site without the express prior written permission of an authorized representative of S.J. Dental. For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with S.J. Dental to prevent or remedy any unauthorized use. In addition, you may not use S.J. Dental’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

3.         PERSONAL AND NON-COMMERCIAL USE LIMITATION

S.J. Dental’s website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without S.J. Dental’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, products or services obtained from or otherwise connected to S.J. Dental’s websites.

4.         PROPRIETARY INFORMATION

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by S.J. Dental (the “Content”) is the proprietary information of S.J. Dental or the party that provided or licensed the Content to S.J. Dental, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of S.J. Dental, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates S.J. Dental’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

5.         LINKS TO THIRD-PARTY WEBSITES

This site may link to other sites which are not maintained by, or related to, S.J. Dental. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or S.J. Dental. S.J. Dental has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and S.J. Dental makes no representations or warranties about the content, completeness or accuracy of the sites linked to or from this site. S.J. Dental provides links as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by S.J. Dental of that site or any association with its operators.

6.         SUBMISSIONS

S.J. Dental will treat any personal information that you submit through this site in accordance with its Privacy Policy.

7.         DISCLAIMER

You understand that S.J. Dental cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may 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 this site for any reconstruction of any lost data. S.J. Dental does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by S.J. Dental.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. S.J. Dental DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. S.J. Dental DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. S.J. Dental DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND S.J. Dental MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT S.J. Dental, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. S.J. Dental MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and S.J. Dental does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

7.         LIMITATION ON LIABILITY

S.J. Dental, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF S.J. Dental HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF S.J. Dental AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO S.J. Dental FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

8.       INDEMNITY

You will indemnify and hold S.J. Dental, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

9.       TRADEMARKS AND COPYRIGHTS

The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including without limitation “S.J. Dental” and all other content on this Website (“Copyrights”), including all page headers, custom graphics, button icons, and scripts are copyrighted works of S.J. Dental, and may not be copied, imitated or used, in whole or in part, without the prior written permission of S.J. Dental.  The rights in any third party trademarks or copyrighted works on this Website are retained by their respective owners.  Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you.  Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of S.J. Dental.  The misuse of the Trademark or Copyrighted works displayed in this site, or any other content on the site, is strictly prohibited and may expose you to liability.

All contents of S.J. Dental’s websites are: Copyright © 2012 S.J. Dental. All rights reserved.

10.       MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and S.J. Dental arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Santa Clara County, California.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, agency, or  doctor/patient relationship exists between you and S.J. Dental as a result of this agreement or use of S.J. Dental’s websites.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and S.J. Dental with respect to S.J. Dental’s websites.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

S.J. Dental may revise these Terms of Use at any time by updating this posting.