Site or the Service you represent and warrant that you accept and agree to be bound by all of the terms and conditions contained herein and covenant to
terminate your account before the effective date of the revised version, will constitute acceptance by you of the revised version of the Terms of
In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, to ensure the integrity
and operation of our business and systems and to improve the Site and Service, we may access and disclose any information and content (either in your
account profile or in the course of using the Service) we consider necessary or appropriate, including, without limitation, profile information (i.e.
name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content.
General Terms & Transactions
Disputes Between Members. If there are any issues between Members concerning advice, services received or payment due, Members must deal directly
with the other Member to resolve any disputes. Publishers will not be held responsible and expressly disclaims any liability whatsoever for any
claims and/or controversies that may arise for any disputes between Members.
Commercial Use Prohibition. The Site is for the use of individual Members only and may not be used in connection with any commercial endeavors
(other than obtaining Chiropractic or Dental services) without the express written consent of us in advance. Organizations, companies, and/or
businesses may only register as an Agency or advertiser and may not use the Service or the Site for any illegal or unauthorized purpose, including, but
not limited to, collecting usernames and/or email addresses of members by electronic or other means, unless express written permission from us is
obtained in advance.
Creating An Account. When you register for a profile, you must complete the registration process by providing us with current, complete and
accurate information as prompted by the applicable registration form. The information is used to identify you as a unique Member. In the event that we
learn that you have provided us with false or misleading information, we may immediately, without notice, terminate your profile.
Account Information is Unique to You. During the registration process, you may be asked to create a unique profile name and a password that are
specific to your profile. You may not use a profile name that is used by someone else, is vulgar or otherwise offensive (as determined by
conduct or posted rules, instructions or guidelines regarding the Service. You may not use anyone else’s profile at any time. Your profile
is personal to you and you may not transfer to make available your profile to others. You are entirely responsible for maintaining the
confidentiality of your profile information (including account names and passwords). Furthermore, you are entirely responsible for any activity that
occurs under your account. You agree to notify immediately of any unauthorized use or theft of your profile or any other breach of
security. will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your
knowledge. You will be liable for losses incurred by or another party due to someone else using your profile.
Termination of Your Account. You may delete your account at any time. Additionally, may terminate your account with the Site for any
sending notice to you at the then-current e-mail address in yourprofile. You understand that termination of your profile, whether by us or by
you, may involve deletion of your profile information from our databases. We will not have any liability whatsoever to you for any termination of
your profile or related deletion of you information. We reserve the right to take appropriate legal action, including without limitation pursuing
termination of your account shall be deemed to survive such termination.
Conduct Within Public Areas of Site
The Site may contain e-mail services, bulletin board services, forums, communities or other message or communication facilities designed to enable you
to communicate and interact with other Members (the "Public Areas"). You agree to use the Public Areas only to post, send and receive messages and
materials that are proper and, when applicable, related to the particular Public Area. We have no obligation to monitor the Public Areas, provided,
however, we reserve the right to review materials posted to the Public Areas and to remove any materials at any time, without notice, for any reason
and in our sole discretion. We reserve the right to terminate or suspend your access to any or all of the Public Areas at any time, without notice, for
any reason whatsoever. You acknowledge that postings and other communications by Members are not controlled or endorsed by us, and such communications
shall not be considered reviewed, screened or approved by us. Statements made in postings, forums, bulletin boards and other Public Areas reflect only
the views of their authors. We specifically disclaims any liability with regard to the Public Areas and any actions resulting from your participation
in any Public Areas.
You acknowledge and agree that your communications with other Members via the Public Area or otherwise is public and not private communications, and
that you have no expectation of privacy concerning your use of the Public Areas. You acknowledge that personal information that you communicate on the
Public Areas may be seen and used by others and result in unsolicited communications; therefore, WE STRONGLY ENCOURAGE YOU NOT TO DISCLOSE ANY PERSONAL
INFORMATION ABOUT YOURSELF THROUGH THE PUBLIC AREAS. We are not responsible for information that you choose to communicate to other Members via the
Public Areas, or for the actions of other Members.
Acceptable Use Policy
You may not use the Site or Service for any illegal or unauthorized purpose and you must not abuse, harass, threaten, impersonate or intimidate other
Members. You are solely responsible for your conduct and any content that you submit, post or display on the Site. In furtherance of the foregoing, and
by way of example and not as a limitation, you agree that you may not access the Site or use the Service in order to:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and
publicity) of others.
• Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or
• To recruit for another website or service, solicit, advertise, or contact in any form Members for employment, contracting, or any
other purpose for a business not affiliated with us without express written permission from us.
• Use the Site or Service for any purpose which is in violation of local, state, national, or international law.
• Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or
publicity) of any third party.
• Post content that contains viruses, Trojan Horses, worms, time bombs, corrupted files or data, or any other similar software or
Services that may damage the operation of the Service or another's computer.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
• Download any file posted by another Member that a Member knows, or reasonably should know, cannot be legally distributed through
• Restrict or inhibit any other Member from using and enjoying the Site or Public Areas.
Information Provided by Members
You are solely responsible for any information or materials that you post on or transmit through the Site, and we merely acts as a passive conduit for
your online distribution and publication of your information for the benefit of other Members. With respect to any information or materials that you
post on or transmit through the Site, you hereby represent and warrant to us that (i) you are the owner or a licensee or otherwise have the right to
provide such information, (ii) such information shall not be false, inaccurate, misleading or fraudulent; (iii) such information shall not infringe any
third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (iv) such information shall not
violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising); (v) such information shall not be defamatory, libelous, unlawfully threatening, or unlawfully
harassing; (vi) such information shall not be obscene or contain child pornography or be harmful to minors; (vii) such information shall not contain
any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or personal information; and (viii) such information shall not create liability for us
or cause us to lose (in whole or in part) the services of our ISPs or other partners or suppliers. You hereby grant us a non-exclusive, worldwide,
perpetual, irrevocable, fully-paid, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity rights, and any
other rights you have in any information or materials that you post on or through the Site, in any media now known or not currently known.
3rd Party Links
• The Site may contain links from us to third-party sites on the Internet (“Third Party Sites”). Your use of all such Third
Party Sites are at your own risk it is the responsibility of each Member to evaluate the content and usefulness of the information obtained from Third
Party Sites. Members further acknowledge that use of any Third Party Sites is governed by the terms and conditions of use for those websites, and
disclosure of any information that the Third Party Sites may collect. To the extent such links are provided by us, they are provided only as a
convenience, and such link to a Third Party Site does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third Party
Sites. We do not accept any responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third Party
Sites, or websites linking to the Site.
Disclaimer of Warranties
• We are not responsible for any incorrect or inaccurate content posted on the Site. We are not responsible for the conduct, whether
online or offline, of any Member/User while using the Services. Under no circumstances shall we be responsible for any loss or damage, including
personal injury or death, resulting from use of the Services or from any content posted on the Site by us or transmitted to Members/Users, or any
interactions between Members/Users, whether online or offline.
• USE OF THIS SITE IS AT THE USER'S SOLE RISK AND USE OF THE SERVICE IS AT THE MEMBER’S/USERS SOLE RISK. THE SITE AND SERVICE IS
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR
COMPLETENESS OF THE SITE, THE INFORMATION APPEARING ON THE SITE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. WE DO NOT WARRANT OR GUARANTEE
THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SITE. WE ARE NOT RESPONSIBLE
FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR SERVICE.
• By accessing this Site, you agree to indemnify, defend, and hold harmless Smyrna Dental Group, the site’s hosting company,
publishers and its affiliates and each of their respective directors, officers, employees, agents, licensors, attorneys, independent contractors and
providers (collectively referred to herein as “Indemnified Parties”) from and against any and all claims, losses, expenses or demands of liability,
including attorneys' fees and costs incurred by any us. Indemnified Party in connection with any claim (including any third-party intellectual property
claim) arising out of: (i) information, materials and content submitted, posted or transmitted by you on or through the Site, or (ii) your use of the
is reasonably required in the defense of such claims. Indemnified Parties and affiliates reserve the right, at their own expense, to assume the
exclusive defense and control of any matter otherwise subject to your foregoing indemnification obligations, and you shall not, in any event, settle
any claim or matter without the written consent of us.
• You hereby release us and affiliates and each of their respective directors, officers, employees, agents, licensors,
attorneys, independent contractors and providers from all claims, demands, or damages (actual or consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) any information, content,
statement or materials delivered through Site but which was posted or otherwise provided by a Member or Third-party Site, or (ii) your use of the Site
• If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not
extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must
have materially affected his settlement with the debtor."
Limitation of Liability
• YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT OR CONTENT ON THE SITE OR ARISING OUT OF THE
SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SITE AND SERVICE. WE DO NOT
ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
• IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Smyrna Dental Group’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO (FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED US DOLLARS ($100).
Intellectual Property Rights
• All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images,
software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that users see or read on the Site is owned or licensed by
us or the hosting company. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed.
Except as otherwise expressly provided herein, Members or users may not copy, download, use, redesign, reconfigure, or retransmit anything from the
Site without our or the hosting company’s prior express written permission. Furthermore, Members/users are not allowed to post or distribute any
material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other
intellectual property rights violations and liability, and subject Members to termination from the use of this Site or civil or criminal
Limitations on Use
right to place certain limitations on Member's/Users access to the Site and certain site features. These limitations may include (but are not limited
to) the number of messages sent through the system and the number of Members/Users to whom a message can be sent. Members/Users acknowledge that this
term supersedes any specific offer made by us and that these limitations may be enforced at our sole discretion.
be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single
arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim
or controversy of any other party. The arbitration shall be conducted in Smyrna, TN. Either you or us may seek any interim or preliminary relief
from a court of competent jurisdiction necessary to protect the rights of property for you or Smyrna Dental Group pending the completion of
arbitration. The arbitrator shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of
with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court
of competent jurisdiction.
be exclusively brought in the federal, state, or local courts located in Smyrna, TN; and, with regard to such claims and disputes, Members hereby
irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waives any jurisdictional, venue or inconvenient
employment service and does not serve as an employer of any Member that may use this Site.
Copyright/Trademark Information. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Site are our property or the
property of other third parties. You are not permitted to use these Marks without our or the hosting company’s prior written consent or the consent of
such third party which may own the Mark.
Last updated: July 2011