Service Agreement Last Updated: December 2009
THANK YOU FOR CHOOSING DENTALSPOTS!
1. What the Contract Covers.
This is a contract between you and the DentalSpots company referenced in section 22.
Sometimes the DentalSpots company is referred to as 'DentalSpots,' 'we,' 'us' or 'our'.
This contract applies to any DentalSpots software or services, including updates,
that display or link to this contract and that you use while this contract is in
force. All of the software or services are referred to in this contract as the 'service.'
Sections 1 through 22 of this contract apply across the service. Sections 23 and
24 apply if the service involves payments to or from DentalSpots. Sections 25 through
31 apply only if you use the software or services identified in those sections.
Some of these services may not be available in your country.
Please note that we do not provide warranties for the service. The contract also
limits our liability. These terms are in sections 13 and 14, and we ask you to read
2. When You May Use the Service.
You may start using the service as soon as you have finished the sign-up process.
No withdrawal right or other 'cooling off' period applies to the service and you
waive any applicable 'cooling off' period, except if the law requires a 'cooling
off' period despite your waiver and even when a service starts right away.
3. How You May Use the Service.
In using the service, you will:
- obey the law;
- obey any codes of conduct or other notices we provide;
- keep your service account password secret; and
- promptly notify us if you learn of a security breach related to the service.
4. How You May Not Use the Service.
In using the service, you may not:
- engage in, facilitate or further unlawful conduct;
- use the service in a way that harms us or our advertisers,
affiliates, resellers, distributors and/or vendors,
or any customer of ours or our advertisers, affiliates, resellers,
distributors and/or vendors;
- use any portion of the service as a destination linked from any
unsolicited bulk messages or unsolicited commercial messages ("spam");
- use any automated process or service to access and/or use
the service (such as a BOT, a spider, periodic caching of
information stored by DentalSpots, or "meta-searching");
- use any unauthorized means to modify or reroute,
or attempt to modify or reroute, the service;
- damage, disable, overburden, or impair the service (or the networks
connected to the service) or interfere with anyone's use and enjoyment
of the service;
- resell or redistribute the service, or any part of the service; or
5. You Are Responsible For Your Service Account.
Only you may use your service account. For some parts of the service,
we may notify you that you may set up additional member accounts that are
dependent on your account (an 'associated account'). You are responsible for all
activity that takes place with your service account or an associated account.
You may not authorize any third party to access and/or use the service on your
behalf except where DentalSpots provides a mechanism for third parties to access
the service on your behalf.
6. Associated Accounts; Accounts From Third Parties.
If you are the user of an associated account,
the holder of the service account has full control over your associated account.
This includes the right to end the service, close or alter your associated account
at any time and, in some cases, request and receive machine and service use information
related to your associated account. If a third party, such as an ISP, employer or school,
gave you your account, the third party has rights to your account. The third party may manage
your account, reset your password, or suspend or terminate your account; view your account’s
usage and profile data, including how and when your account is used; and read or store the
content in your account, including electronic communications, contact lists and other information.
7. DentalSpots Authentication Network.
We may provide you with credentials on our authentication network to use
with the service. You are solely responsible for any dealings with third
parties (including advertisers) who use our authentication network, including the
delivery of and payment for goods. This contract applies to you whenever you use the
credentials you obtained with the service. When you use our authentication network to
gain access to any site, the terms and conditions for that site, if different from this
contract, may also apply to you in your use of that site. Please refer to the terms of
use for each site that you visit. We may cancel or suspend your access to our
authentication network for inactivity, which we define as failing to sign in to our
authentication network for an extended period, as determined by us, or if you violate
this contract. If we cancel your credentials, your right to use our authentication network immediately ceases.
You may be able to submit content for use in connection with the
service. You understand that DentalSpots does not control or endorse
the content that you and others post or provide on the service. Except for
material that we license to you, we do not claim ownership of the content you
post or provide on the service.
The service includes public areas available to the general public,
shared areas available to others you have selected and personal areas
where you have not granted access to others. If you share content with others
on the service, in either public or shared areas, then you understand and agree
that others with whom you have shared content may use that content. You grant to
those members of the public to whom you have permitted access free, nonexclusive
permission to use, copy, distribute and display the content solely in connection
with the service and other DentalSpots products and services. If you do not want others
to have those rights, please do not share your content with them.
You understand that DentalSpots may need and you hereby authorize DentalSpots to use,
modify, copy, distribute and display content posted on the service to the extent
necessary to provide the service. This includes:
- storing and retrieving the content;
- making the content available to you and to those members of the
public to whom you have granted access or to the general public
(for content posted on public areas of the service);
- conforming to connecting networks' technical requirements; and
- conforming to the limitations and terms of the service.
You understand that sharing content that violates others'
copyrights and other intellectual property rights violates this contract.
You represent and warrant that you have all the rights necessary for you to grant
the rights in this section 8 and that the use and publication of the content does not
breach any law. We will not pay you for your content. We may refuse to publish your
content and may remove your content from the service at any time.
In order to operate and provide the service,
we collect certain information about you. We use and protect that
information as described in the DentalSpots Online Privacy Statement,
http://go.DentalSpots.com/fwlink/?LinkId=74170. In particular, we may access or disclose
information about you, including the content of your communications, in order to: (a)
comply with the law or respond to lawful requests or legal process; (b) protect the rights
or property of DentalSpots or our customers, including the enforcement of our agreements
or policies governing your use of the service; or (c) act on a good faith belief that
such access or disclosure is necessary to protect the personal safety of DentalSpots employees,
customers or the public.
The service is a private computer network that DentalSpots operates for
the benefit of itself and its customers. DentalSpots retains the right to block or
otherwise prevent delivery of any type of email or other communication to or from
the service as part of our efforts to protect the service, protect our customers or
stop you from breaching this contract. The technology or other means we use may hinder
or break your use of the service.
In order to provide you the service,
we may collect certain information about service performance,
your machine and your service use. We may automatically upload this information
from your machine. This data will not be used to personally identify you. You may
read about this information collection in more detail in the privacy statement at
Personal information collected through the service
may be stored and processed in the United States or any other country in which
DentalSpots or its affiliates, subsidiaries or agents maintain facilities. By using the
service, you consent to any such transfer of information outside of your country.
DentalSpots abides by the safe harbor framework as set forth by the U.S. Department
of Commerce regarding the collection, use and retention of data from the European Union.
If you receive software from us as part of the service,
your use of that software is under the terms of the license that is presented to
you for acceptance for that software. If there is no license presented to you, or
unless otherwise stated in this contract, then we grant you the right to use the
software only for the authorized use of the service on that number of computers stated
in your service offer. We reserve all other rights to the software.
We may automatically check your version of the software.
We may automatically download upgrades to the software to your computer to update,
enhance and further develop the service.
Unless we notify you otherwise, your license to use the software will end
on the date your service ends, and you must promptly uninstall the software.
We may disable the software after the date the service ends.
You will not disassemble, decompile, or reverse engineer any software
included in the service, except and only to the extent that the law expressly permits
The software is subject to United States export laws and regulations.
You must comply with all domestic and international export laws and regulations
that apply to the software. These laws include restrictions on destinations, end users
and end use. For additional information, see http://www.DentalSpots.com/exporting.
If you use the software to access content that has been protected with DentalSpots
Digital Rights Management (DRM), in order to let you play the content, the software
may automatically request media usage rights from a rights server on the Internet and
download and install available DRM updates. For more information, see
You may use the fonts installed by the service to display and print content
only to embed fonts in content as permitted by the embedding restrictions in the
fonts and temporarily download them to a printer or other output device to print content.
12. How We May Change the Contract.
If we change this contract, then we will tell you at least 30 days before
the change takes place. If you do not agree to these changes, then you must cancel
and stop using the service before the change takes place. If you do not stop using
the service, then your use of the service will continue under the changed contract.
We provide the service 'as-is,' 'with all faults' and 'as available.'
We do not guarantee the accuracy or timeliness of information available from the service.
We and our affiliates, resellers, distributors and vendors (collectively, the 'DentalSpots
parties') give no express warranties, guarantees or conditions. You may have additional
consumer rights under your local laws that this contract cannot change. We exclude any
implied warranties including those of merchantability, fitness for a particular purpose,
workmanlike effort and non-infringement.
14. LIABILITY LIMITATION.
You can recover from the DentalSpots parties only direct damages up to an
amount equal to your service fee for one month. You cannot recover any other damages,
including consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to:
- the service,
- content (including code) on third-party Internet sites,
third-party programs or third-party conduct,
- viruses or other disabling features that affect your access to or use of the service,
- incompatibility between the service and other services, software and hardware,
- delays or failures you may have in initiating, conducting or
completing any transmissions or transactions in connection with the service in an
accurate or timely manner, and
- claims for breach of contract, breach of warranty, guarantee or condition,
strict liability, negligence or other tort.
- this remedy does not fully compensate you for any losses,
or fails of its essential purpose; or
- DentalSpots knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitations or exclusions may not apply to you.
They also may not apply to you because your province or country may not allow the
exclusion or limitation of incidental, consequential or other damages.
15. Changes to the Service; If We Cancel the Service; Pre-Release.
may change the service or delete features at any time and for any reason.
We may cancel or suspend your service at any time. Our cancellation or suspension may
be without cause and/or without notice. Upon service cancellation, your right to use
the service stops right away. Once the service is cancelled or suspended, any data you
have stored on the service may not be retrieved later. Our cancellation of the service
will not alter your obligation to pay all charges made to your billing account.
If we cancel the service in its entirety without cause, then we will refund to you on a
pro-rata basis the amount of payments that you have made corresponding to the portion of
your service remaining right before the cancellation. A particular service may be a
pre-release version and may not work correctly or in the way a final version might work.
There may be interruptions or extended downtimes. We may significantly change the final
version or decide not to release a final version at all.
16. Interpreting the Contract.
parts of this contract apply to the maximum extent permitted by law.
A court may hold that we cannot enforce a part of this contract as written. If this
happens, then you and we will replace that part with terms that most closely match the
intent of the part that we cannot enforce. The rest of this contract will not change.
This is the entire contract between you and us regarding your use of the service.
It supersedes any prior contract or statements regarding your use of the service.
If you have confidentiality obligations related to the service, those obligations remain
in force (for example, you may have been a beta tester). The section titles in the contract
do not limit the other terms of this contract.
We may assign this contract, in whole or in part, at any time with or without
notice to you. You may not assign this contract, or any part of it, to any other
person. Any attempt by you to do so is void. You may not transfer to anyone else,
either temporarily or permanently, any rights to use the service or any part of the
18. No Third Party Beneficiaries.
This contract is solely for your and our benefit. It is not for the benefit of any
other person, except for permitted successors and assigns under this contract.
19. Claim Must Be Filed Within One Year.
Any claim related to this contract or the service may not be brought unless
brought within one year. The one-year period begins on the date when the claim first
could be filed. If it is not filed in time, then that claim is permanently barred.
This applies to you and your successors. It also applies to us and our successors and
You may notify us as stated in the customer support or 'help' area for the service.
We do not accept e-mail notices.
21. Notices We Send You; Consent Regarding Electronic Information.
This contract is in electronic form. We have promised to send you certain
information in connection with the service and have the right to send you certain
additional information. There may be other information regarding the service that the
law requires us to send you. We may send you this information in electronic form.
You have the right to withdraw this consent, but if you do, we may cancel your service.
may provide required information to you:
- by e-mail at the e-mail address you specified when you signed up for your service;
- by access to a DentalSpots web site that will be designated in an e-mail
notice sent to you at the time the information is available; or
- by access to a DentalSpots web site that will be generally
designated in advance for this purpose.
provided to you via e-mail will be deemed given and received on
the transmission date of the e-mail. As long as you can access and use the service,
you have the necessary software and hardware to receive these notices. If you do not
consent to receive any notices electronically, you must stop using the service.
This section 23 applies in all situations in which you directly
pay us. If you pay a company other than us for the service, then the charges
and billing terms are as stated by the other company. Even if you do not pay for
the service, you may still incur charges incidental to using the service; for example,
charges for Internet access, mobile text messaging, or other data transmission.
When you create a billing account, you enter your payment method.
You must be authorized to use the payment method. You authorize us to charge
you for the service using your payment method for any paid feature of the service
for which you choose to sign up or use while this contract is in force.Billing of service
charges to your payment method may occur (a) in advance; (b) at the time for purchase; (c)
shortly after purchase; or (d) on a recurring basis for subscription services.
We may charge you a different amount than what you approved. If it is a greater amount,
we will tell you the amount and the date of the charge at least 10 days before we make the
charge. Also, we may charge you up to the amount you have approved, and we will notify you
in advance of the difference for recurring subscription services. We may bill you for more
than one of your prior billing periods together. If we informed you that the service will
be provided indefinitely or automatically renewed, we may automatically renew your service
and charge you for any renewal term.
23.3 Updates to Your Billing Account.
You must keep all information in your billing account current,
including your billing address and the expiration date of your credit card.
You can access your billing account at www.DentalSpots.com, where you can make
changes to your billing account. You may change your payment method at any time.
If you tell us to stop using your payment method, we may cancel your service.
Your notice to us will not affect charges we submit to your billing account
before we reasonably could act on your request.
23.4 Trial Period Offers.
You may have received a limited time of free service or some other
trial period offer. Unless we notify you otherwise, if you are participating in any
trial period offer, you must cancel the service by the end of the trial period to
avoid incurring charges. If you do not cancel your service, and we have informed
you that the service will automatically be converted into a paid subscription at
the end of the trial period, then you authorize us to charge your payment method
for the service.
23.5 Prices and Price Increases.
The price for the service excludes all taxes and phone charges, unless stated
otherwise. You are responsible for any taxes that you are obligated to pay or
that we may collect from you. You are responsible for all other charges (for example,
phone charges). Currency exchange settlements are based on your agreement with your
payment method provider. We may change the price of the service from time to time,
but we will tell you before we do.
- If there is a specific time length and price for your service offer,
then that price will remain in force for that time. After the offer
period ends, your use of the service will be charged at the new price.
- If your service is on a period basis (for example, monthly),
with no specific time length, then we will tell you the date of any
price change. That date will be not less than 30 days after we tell you of
the price change.
If you do not agree to these changes, then you must cancel and stop using the service
before the changes take place. If you cancel your service, then your service ends at
the end of your current service time length or, if we bill your account on a period basis,
at the end of the period in which you cancelled.
Unless otherwise provided by law or in connection with any particular service
offer, all charges are non-refundable and the costs of any returns will be at your
23.7 Online Statement; Errors.
We will provide you with an online billing statement. This is the only billing statement
that we provide. Go to www.DentalSpots.com to view, print or request a paper copy of
this statement. If you request a paper copy, we may charge you a retrieval fee. We
will only provide paper copies for the past 120 days. If we make an error on your bill,
we will correct it promptly after you tell us and we investigate the charge. You must
tell us within 120 days after an error first appears on your bill. You release us from
all liability and claims of loss resulting from any error that you do not report to
us within 120 days after the error first appears on your online statement.If you do
not tell us within this time, we will not be required to correct the error.
We can correct billing errors at any time.
23.8 Canceling the Service.
You may cancel the service at any time, with or without cause.
Go to www.DentalSpots.com to obtain information on cancelling your service.
Certain service offers may require cancellation charges, and you will pay all
cancellation charges as specified in the materials describing the offer.
Cancellation of the service by you will not alter your obligation to pay all
charges made to your billing account.
Except to the extent prohibited by law, we may assess a late charge if you do not
pay on time. You must pay these late charges when we bill you for them.
The late charge will be the lesser of 1% of the unpaid amount each month or
the maximum rate that is permitted by law. We may use a third party to collect
past due amounts. You must pay for all reasonable costs we incur to collect any
past due amounts. These costs may include reasonable attorneys' fees and other
legal fees and costs. We may suspend or cancel your service if you fail to pay
in full on time.
23.10 Internet Access Service.
If the service does not include Internet access, then you are responsible for
paying the fees charged by your Internet access provider. Those fees are in
addition to the fees you pay us for the service. The rest of this section applies
only if your service includes Internet access. This service may not be available
in your country.
you use a dial-up modem, you are responsible for determining if the numbers you
select will incur toll charges. To do this you must contact your telephone company
first. Tell it the numbers you consider using. Your telephone company can tell you if
using those numbers will trigger additional charges. Ask it if there are other
telephone service charges you will incur using those numbers. You should contact
your phone company even if we provided the number as an appropriate access number for you.
We rely on others to provide us with that information. Unfortunately, sometimes it is
wrong. If you incur any extra charges, then you must pay them. We will not reimburse you
You also will pay any additional charges you incur if you connect to the service
through a service telephone number while you are in a country that is not the country associated with your service account ('roaming charges'). Roaming charges are in addition to any
long distance telephone charges you may incur when connecting to the service from
another country. Please check the service information area to view the current rates
for roaming charges. You may also incur additional charges if your usage of the
service exceeds the number of hours covered by your service plan.
Your right to any payment due you under a service is conditioned upon you promptly
providing us with all information we require to properly make the payment
(for example, bank account information for receiving the payment).
We will use reasonable efforts to tell you what information we require
in advance of your use of the applicable service. Even if we do not tell you in advance,
you must provide us the information we request before your right to receive the payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur
as a result of receiving a payment. You must also comply with any other conditions
we place on your right to any payment. If you receive a payment that was not due to you,
we may reverse or seek return of the payment and you agree to cooperate with us
in our efforts to do this.
25. Your Dealings with Others. If you obtain anything from a third party
(including third-party offered services) through the service, you understand that your
relationship with respect to those things is with the third party directly and not
with DentalSpots. In the event you assert a claim that relates to or implicates
your relationship with a third party, you shall only assert such claim against the
third party, and you will not assert any such claim against DentalSpots, even if
DentalSpots assisted in billing for the third-party offering. You are solely
responsible for your dealings with any third party, including
- delivery of and payment for goods and services;
- processing and verifying orders, payments and other transactions;
- customer support related to orders or transactions
(e.g., lost orders, billing disputes, payments, etc.);
- determining, collecting and remitting to the appropriate
authority all taxes (if any) arising from or related to such orders or
- the purchase and use by you and your associated accounts of
any third-party products and services.
You represent and warrant that
- the products and services you advertise, sell and distribute are legal for
sale and distribution and do not violate this contract;
- you have all licenses necessary to sell, distribute and
advertise the goods and services you offer; and
- all sales and advertisements will comply with applicable law.
b. Your Privacy Practices. In using the service, you may be able to collect personal
information about third parties through your dealings with such third parties. If you do, you agree to
personal information that you collect from such third parties, (b) provide a hypertext link to
personal information from third parties, including on checkout pages, and (c) use personal
26. Web Application Media Elements and Templates.
If you use DentalSpots Applications, you may have access to media images, clip art,
animations, sounds, music, video clips, templates and other forms of content
('media elements') provided with the software or as part of a service associated
with the software. You may copy and use the media elements in projects and documents.
You may not (i) sell, license or distribute copies of the media elements by themselves
or as a product if the primary value of the product is the media elements; (ii)
grant your customers rights to further license or distribute the media elements;
(iii) license or distribute for commercial purposes media elements that include
the representation of identifiable individuals, governments, logos, trademarks,
or emblems or use these types of images in ways that could imply an endorsement
or association with your product, entity or activity; or (iv) create obscene
works using the media elements.
Potentially Unwanted Software
If you remove or disable 'spyware,' 'adware' and other potentially unwanted
software ('potentially unwanted software'), it may cause other software
on your computer to stop working, and it may cause you to breach a license
to use other software on your computer (such as where the other software installed
the potentially unwanted software on your computer as a condition of your use of the
other software). By using features of the service intended to help you remove or
disable potentially unwanted software, it is possible that you will also remove
or disable software that is not potentially unwanted software. If a feature of
the service prompts you before removing or disabling potentially unwanted software,
you are solely responsible for selecting which potentially unwanted software the
service removes or disables. Before authorizing the removal of any potentially
unwanted software, you should read the license agreements for the
potentially unwanted software.
Stock Quotes and Index Data (including Index Values)
Stock quotes and index data (including, without limitation, index values)
appearing on the service are supplied by Interactive Data Corporation ('IDC').
Unless otherwise indicated, stock quotes are delayed at least 20 minutes
(NASDAQ stock quotes are delayed at least 15 minutes). Stock quotes indicated
as "real-time quotes" are made available without delay following their receipt
from IDC. Your actual receipt of real-time quotes may be affected by delays in
transmission over the Internet and by other causes. All stock quotes are labeled
with "time of last trade" to indicate the timeliness of the data. Index data is
labeled with a date/time stamp to indicate the timeliness of the data.
All information provided by IDC and its affiliates (the "IDC Information") included in
the service is owned by or licensed to IDC and its affiliates, and any user is
permitted to store, manipulate, analyze, reformat, print and display the IDC
Information only for such user's personal use. In no event shall any user publish,
retransmit, redistribute or otherwise reproduce any IDC Information in any format to
anyone, and no user shall use any IDC Information in or in connection with
or commercial enterprise, including, without limitation, any securities,
investment, accounting, banking, legal or media business or enterprise. Prior to
the execution of a security trade based upon the IDC Information, you are advised
to consult with your broker or other financial representative to verify pricing
information. Neither IDC nor its affiliates or their respective licensors make
any express or implied warranties (including, without limitation, any warranty
or merchantability or fitness for a particular purpose or use) regarding the
IDC Information. The IDC Information is provided to the users "as is." Neither
IDC nor its affiliates or their respective licensors will be liable to any user
or anyone else for any interruption, inaccuracy, delays, error or omission,
regardless of cause, in the IDC Information or for any damages (whether direct
or indirect, consequential, punitive or exemplary) resulting therefrom.
You may not use any of the Dow Jones IndexesSM, index data (including, without
limitation, index values), or the Dow Jones marks (including, without limitation,
any of the foregoing provided as part of the IDC Information) in connection with the
issuance, creation, sponsorship, trading, marketing or promotion of any financial
instruments or investment products (e.g., derivatives, structured products,
investment funds, exchange-traded funds, investment portfolios, etc. where the price,
return and/or performance of the instrument or investment product is based on, related
to, or intended to track, any of the Indexes or a proxy for any of the Indexes) without
a separate written agreement with Dow Jones. Further, neither Dow Jones nor its licensors
is giving investment advice, tax advice, legal advice, or other professional advice
by providing the Dow Jones IndexesSM, and neither Dow Jones nor its licensors
sponsor, recommend or endorse the purchase or sale of any security or investment.
DentalSpots offers parental control protections that help you limit access to
material that is harmful to minors. If you are interested in learning more about
these protections, information is available at http://www.staysafe.org or other
similar sites providing information on parental control protections.
DentalSpots is not a broker/dealer or registered investment advisor under
United States federal securities law or securities laws of other jurisdictions,
and does not advise individuals as to the advisability of investing in, purchasing
or selling securities or other financial products or services. Nothing contained
in the service constitutes an offer or solicitation to buy or sell any security.
DentalSpots does not endorse or recommend any particular financial products or
services. Nothing contained in the service is intended to constitute professional
advice, including but not limited to, investment or tax advice.
Please respect the rights of artists and creators. Content such as music,
photos and video may be protected by copyright. People appearing in content
may have a right to control use of their image. You may not share other
people's content unless you own the rights or have permission from the owner.
Customer support is not offered for the service, unless provided
otherwise in this contract or the materials we publish in connection with a
particular service specify that it includes customer support.