Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. EACH TIME YOU ACCESS, USE, OR DOWNLOAD MATERIALS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY UPDATES HERETO JUST AS IF YOU HAD SIGNED THIS AS AN AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE (the “Website”).
This Website is provided by the Dallas County Dental Society Foundation (“DCDS Foundation”), located at 13633 Omega Road Dallas, TX 75244. This Website contains information, including, without limitation, text, graphics, photographs, video, sounds, data, images, audio, software (including HTML and other scripts), buttons and other icons (collectively, the “Information”) that is either owned or licensed by DCDS Foundation.
Your use of this Website and access to the Information is expressly conditioned upon your agreement that all such access and use shall be governed by these terms and conditions.
This Website has been designed to pass accessibility tests per the standards set through https://wave.webaim.org. Please refer to the Americans with Disability Act for further information.
DCDS Foundation strives to protect your privacy. DCDS Foundation collects and uses your personal information to operate this Website and to deliver the services you and/or its members have requested. DCDS Foundation may also use your personally identifiable information to inform you of other products or services available by or through DCDS Foundation or to gauge interest in potential offerings. DCDS Foundation does not sell, rent or lease its customer lists to third parties, but DCDS Foundation does share its membership information with the Texas Dental Association and the American Dental Association. The American Dental Association maintains a membership database with member information. For information on the respective privacy policies of the Texas Dental Association www.tda.org and American Dental Association http://www.ada.org, please visit their websites directly. If DCDS Foundation engages a third party to perform services on behalf of DCDS Foundation, your personal information (for example, e-mail, name, address, telephone number) may be provided to the third party to conduct the service, but it is not transferred to the third party for any other use.
Unless you opt out in writing, DCDS Foundation may also use your information to provide a DCDS Foundation “Find a Dentist” directory and/or other membership directories. While DCDS Foundation takes reasonable steps to protect privacy, the internet is inherently not a secure medium. DCDS Foundation does, however, endeavor to put in place various security procedures so as to protect any personal information held or stored by DCDS Foundation. In the event that DCDS Foundation is sold or integrated with another society/business your information may be disclosed to our advisers and any prospective purchaser/merging party and their advisers. If any of the information that you have provided to DCDS Foundation changes, for example if you change your e-mail address, name or other details or if you wish to us to remove your details, please let us know by sending an email to [email protected] or by sending a letter to Dallas County Dental Society Foundation, 13633 Omega Road Dallas, TX 75244. WE STRONGLY ADVISE YOU: DO NOT COMMUNICATE PRIVATE, CONFIDENTIAL OR PRIVILEGED INFORMATION USING THIS WEBSITE. PLEASE BE AWARE THAT E-MAIL COMMUNICATION CAN BE INTERCEPTED IN TRANSMISSION OR MISDIRECTED. EMAIL AND CONTACT FORMS ARE NOT CONSIDERED TO BE COMPLETELY SECURE. Please do not include personal identifying information such as your birth date, or personal medical information in any emails you send to us.
DCDS Foundation may disclose any information held by DCDS Foundation about you, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) comply with applicable law; (b) enforce DCDS Foundation’s rights; or (c) act under exigent circumstances to protect the personal safety of others.
3. License Grant and Use Restrictions.
DCDS Foundation grants you a non-exclusive and non-transferable license to use this Website for your personal, non-commercial purposes only. You may download, view, copy, and print the Information incorporated into this Website solely for your non-commercial use. The Information may not be transferred, shared with or disseminated with anyone for any purpose which is inconsistent with the purpose of the Website, to facilitate unfair competition with DCDS Foundation or this Website, or for any purpose which is unlawful. Unless separately and specifically authorized in writing by DCDS Foundation, you may not distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, or create derivative works from the Website, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. You may not “frame” any material contained on this Website unless authorized in writing by DCDS Foundation. You agree to use the Website and Information for lawful purposes only. You agree not to post or transmit any information through the Website which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (c) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right, or (d) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your use of the Website or Information. DO NOT RELY ON THIS WEBSITE OR THE INFORMATION HEREIN FOR PURPOSES OF MEDICAL ADVICE OR AS THE BASIS OF ANY DENTAL TREATMENT. CONSULT YOUR MEDICAL OR DENTAL PROVIDER FOR ANY QUESTIONS OR CONCERNS YOU MAY HAVE.
You hereby grant to DCDS Foundation and its affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works based on, distribute, perform and display any message or submission posted on the Website and to incorporate it (in whole or in part) in other works in any form, media or technology now known or later developed. This includes, for example, posting or publishing of reviews, endorsements, and comments submitted by you regarding DCDS Foundation programs.
You may not use any of DCDS Foundation’s proprietary logos, trademarks, or other distinctive graphics, video, or audio material in your links without the DCDS Foundation’s express written permission, which the DCDS Foundation may withhold in its sole discretion. You may not link in any manner reasonably likely to (a) imply affiliation with or endorsement or sponsorship by DCDS Foundation; (b) cause confusion, mistake, or deception; (c) dilute DCDS Foundation’s trademarks or service marks; or (d) otherwise violate state or federal law. In addition, you may only link to the home page of the Website, unless otherwise authorized in writing by DCDS Foundation. This Website may contain links to other websites. These third-party links are provided for informational purposes only, and DCDS Foundation does not sponsor or affiliate with any linked entity unless expressly stated. DCDS Foundation makes no representations and assumes no responsibility for your use of links provided on this Website.
DCDS Foundation reserves the right to modify the terms and conditions of this Agreement. Such modifications may include, without limitation, implementation of rules for use by you and/or discontinuance of functional aspects of the Website. DCDS Foundation may also add, withdraw or modify Information within the Website or services provided through the Website at any time in its sole discretion. You agree to review the Terms and Conditions of this Website periodically to be aware of any revisions.
7. Delays in Services.
Neither DCDS Foundation nor any of its licensors (including its and their officers, directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to outages of this Website, whether due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or any other causes beyond the reasonable control of DCDS Foundation. DCDS Foundation shall have no obligation to provide you access to this Website.
DCDS Foundation reserves the right, in its sole discretion, to terminate your access to the Website at any time, without notice.
10. No Warranty.
You acknowledge that the Information and links provided through the Website are compiled from sources which are beyond the control of DCDS Foundation. Though such Information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur, and that DCDS Foundation does not warrant the accuracy or suitability of the Information on this Website or accessible through a linked site. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEBSITE AND INFORMATION ARE PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS. DCDS Foundation EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING, AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, DCDS Foundation DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR INFORMATION WILL MEET YOUR REQUIREMENTS OR ARE SUITABLE FOR YOUR NEEDS OR THAT THE WEBSITE OR INFORMATION ARE VIRUS FREE.
11. Limitation of Liability.
YOU AGREE THAT DCDS Foundation (INCLUDING ITS OFFICERS, DIRECTORS, BOARD MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, AND CONTRACTORS) SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE AND INFORMATION FOR ANY PURPOSE WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DCDS Foundation HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
12. Attorneys’ Fees.
If DCDS Foundation takes action to enforce any of the provisions of these Terms and Conditions, DCDS Foundation shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.
13. Governing Law; Limitations; Venue.
This Agreement shall be governed by the laws of the State of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of this Website or Information must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action shall be brought exclusively in the state or federal courts located in Dallas, Dallas County, Texas, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. You agree to waive any objection that the state or federal courts of Dallas County, Texas, are an inconvenient forum.
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement.
15. Copyright and Trademark Notice.
This Website is owned by the Dallas Country Dental Society “© Copyright 2017, Dallas County Dental Society Foundation. All rights reserved.” The Website and Information is the valuable, exclusive property of DCDS Foundation or its licensors and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. DCDS Foundation, DALLAS COUNTY DENTAL SOCIETY FOUNDATION, SOUTHWEST DENTAL CONFERENCE and their associated logos are common law and/or registered marks of DCDS Foundation. Other trademarks, slogans, or logos shown on the Website or in the Information are either the trademarks of DCDS Foundation or of the third-party respective owners indicated thereby.
DCDS Foundation’s websites are operated and controlled by DCDS Foundation in the United States, and are intended only for use by persons within the United States. We make no representations that any materials on our website are appropriate for use by persons outside of the United States. DCDS Foundation also do not intend for its websites to be used by children under the age of 13, nor do we seek to collect information about children under the age of 13. If you are under the age of 13, we request that you do not provide us with any personal information about yourself.
17. Entire Agreement.
THIS AGREEMENT IS COMPLETE AND EFFECTIVE AT THE TIME YOU AGREE TO IT BY ACCESSING OR USING THE WEBSITE OR INFORMATION. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND NO OTHER AGREEMENT, WRITTEN OR ORAL, EXISTS BETWEEN YOU AND DCDS Foundation REGARDING THIS WEBSITE AND THE USE THEREOF.
Terms and Conditions Effective Date: March 13, 2017
© Copyright 2017, Dallas County Dental Society Foundation. All rights reserved.