Terms Of Use These Terms of Use (the “Terms of Use”) govern the use of the services (the "Service") offered by
Murrary Seltzer
(“
Murrary Seltzer
,” “us” or “we” or “our”) at the Web Site,
http://www.mseltzerdental.com (the
“Site”). Please read these Terms of Use before using or continuing to
use the Site or Service. Use of the Site constitutes an agreement to all
terms and conditions in these Terms of Use. By using this 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 comply with these Terms
of Use whether you are a visitor or a Member (as defined below). If you
object to anything in these Terms of Use, do not use the Site or the
Service. We reserve the right to modify and update these Terms of Use at
any time provided that we give notice to you of any changes via email and/or
by posting the amended Terms of Use on the Site. Your use of the Service
after such posting, or your failure 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 Use.
Privacy
Use of
the Site and Service is also governed by our Privacy Policy located at the
link in the bottom of our website
http://www.mseltzerdental.com
incorporated into these Terms of Use by this reference.
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.
Your
Account
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 us),
infringes any trademark or other proprietary rights of others, or is used in
any way that violates these Terms of Use or any applicable codes of 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 reason
(including, without limitation, any breach of these Terms of Use or any
applicable policy posted on the Site from time to time), effective upon
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 civil,
criminal, and injunctive redress in the event that any Member violates these
Terms of Use. All terms that by their nature may survive 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 information.
• 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 the Site.
•
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 not by our Terms of Use. We are not responsible for
the content, business practices or privacy policies, or for the collection,
use or 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.
Indemnification
• By
accessing this Site, you agree to indemnify, defend, and hold harmless
Murrary Seltzer
, 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 Site and Service as a whole, and (iii) your breach of any
provision of these Terms of Use. You further agree that you will
cooperate with us as 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.
Release
•
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 or Service.
•
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,
Murrary Seltzer
’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
penalties.
Limitations on Use
• In the
interest of maintaining the performance and availability of the Site and in
enforcing these Terms of Use, we reserve the 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.
Arbitration
• Any
controversy or claim arising out of or relating to an alleged breach of these
Terms of Use or the operation of this Site shall 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 Brick, NJ. 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
Murrary Seltzer
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 these Terms Of Use or to award punitive damages. The
arbitrator shall have the power to issue mandatory orders and restraining
orders in connection 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.
General
Provisions
• Failure by us to enforce any
provision(s) of these Terms of Use shall not be construed as a waiver of any
provision or right. These Terms of Use, and all other aspects of use of the
Site, shall be governed by and construed in accordance with the laws of the
State of NJ, without regard to its conflict of laws rules. Any controversy or
claim that is not subject to the Arbitration provision set forth in these
Terms of Use, shall be exclusively brought in the federal, state, or local
courts located in Brick, NJ; 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 forum objections to such courts. These Terms of Use, and any
additional terms referenced herein, constitute the entire agreement between
Members/Users and
Murrary Seltzer
with respect to the Site and Service. If any provision of these Terms of Use
is found to be invalid or unenforceable, the remaining provisions shall be
enforced to the fullest extent possible, and the remaining Terms of Use shall
remain in full force and effect. These Terms of Use inure to the benefit of
Murrary Seltzer
its successors and assigns. Members/users are not legally affiliated with us
in any way merely by virtue of their membership or usage of our Site or
Service other than as might be described by these Terms of Use, and no
independent contractor, partnership, joint venture, employer-employee or
franchiser-franchisee relationship is intended or created by these Terms of
Use. We are not an 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