TERMS
AND CONDITIONS OF USE
We have taken every effort to design our Web
site to be useful, informative, helpful, honest and fun.
Hopefully we’ve accomplished that — and would ask that you let us know
if you’d like to see improvements or changes that would make it even
easier for you to find the information you need and want.
All we ask is that you agree to abide by the
following Terms and Conditions. Take a few minutes to look them over
because by using our site you automatically agree to them. Naturally,
if you don’t agree, please do not use the site. We reserve the right to
make any modifications that we deem necessary at any time. Please
continue to check these terms to see what those changes may be! Your
continued use of the yourchildrensteeth.com web site means that you
accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the yourchildrensteeth.com site, including,
without limitation, text, software, names, logos, trademarks, service
marks, trade names, images, photos, illustrations, audio clips, video
clips, and music are copyrighted intellectual property. All usage rights
are owned and controlled by Managed by Vanguards, Inc. and Steven J.
Brazis DDS. You, the visitor,
may download Online Materials for non-commercial, personal use only
provided you 1) retain all copyright, trademark and propriety notices,
2) you make no modifications to the materials, 3) you do not use the
materials in a manner that suggests an association with any of our
products, services, events or brands, and 4) you do not download
quantities of materials to a database, server, or personal computer for
reuse for commercial purposes. You may not, however, copy, reproduce,
republish, upload, post, transmit or distribute Online Materials in any
way or for any other purpose unless you get our written permission
first. Neither may you add, delete, distort or misrepresent any content
on the yourchildrensteeth.com site. Any attempts to modify any Online
Material, or to defeat or circumvent our security features is
prohibited.
Everything you download, any software, plus all
files, all images incorporated in or generated by the software, and all
data accompanying it, is considered licensed to you by Managed by
Vanguards, Inc. or third-party licensors for your personal,
non-commercial home
use only. We do not transfer title of the software to you. That means
that we retain full and complete title to the software and to all of
the associated intellectual-property rights. You’re not allowed to
redistribute or sell the material or to reverse-engineer, disassemble
or otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other
information that you send to yourchildrensteeth.com through our site
(other than information we promise to protect under our privacy policy
becomes and remains our property, even if this agreement is later
terminated.
That means that we don’t have to treat any such
submission as confidential. You can’t sue us for using ideas you
submit. If we use them, or anything like them, we don’t have to pay you
or anyone else for them. We will have the exclusive ownership of all
present and future rights to submissions of any kind. We can use them
for any purpose we deem appropriate to our yourchildrensteeth.com
mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any
submission you make. This means that you (and not we) have full
responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
Limitation of Liability
Managed by Vanguards, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY
THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR
INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH
YOU HYPERLINK FROM OUR SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER
YOU EXPECTED OR DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY
DAMAGES, INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE
DIRECTLY FOR A LOSS OR INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM
A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES
RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS
"INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR
IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO
LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL"
DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION
OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE
RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR
ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND
(WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR
CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR
THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN
THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other World Wide Web
sites from our site. Such a link should not be seen as an endorsement,
approval or agreement with any information or resources offered at
sites you can access through our site. If in doubt, always check the
Uniform Resource Locator (URL) address provided in your WWW browser to
see if you are still in a yourchildrensteeth.com-operated site or have
moved to another site. Managed by Vanguards, Inc. is not responsible
for
the content or practices of third party sites that may be linked to our
site. When yourchildrensteeth.com provides links or references to other
Web sites, no inference or assumption should be made and no
representation should be inferred that yourchildrensteeth.com is
connected with, operates or controls these Web sites. Any approved link
must not represent in any way, either explicitly or by implication,
that you have received the endorsement, sponsorship or support of any
yourchildrensteeth.com site or endorsement, sponsorship or support of
Managed by Vanguards, Inc., including its respective employees, agents
or
directors.
Termination of This Agreement
This agreement is effective until terminated by
either party. You may terminate this agreement at any time, by
destroying all materials obtained from all yourchildrensteeth.com Web
site, along with all related documentation and all copies and
installations. Managed by Vanguards, Inc. and/or Steven J. Brazis DDS
may terminate this agreement at
any time and without notice to you, if, in their sole judgment, you
breach any term or condition of this agreement. Upon termination, you
must destroy all materials. In addition, by providing material on our
Web site, we do not in any way promise that the materials will remain
available to you. And yourchildrensteeth.com is entitled to terminate
all or any part of any of its Web site without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you
are responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed
and enforced in accordance with the laws of the California, as it is
applied to agreements entered into and to be performed entirely within
such jurisdiction.
To the extent you have in any manner violated or
threatened to violate yourchildrensteeth.com and/or its affiliates'
intellectual property rights, Managed by Vanguards, Inc. and/or its
affiliates may seek injunctive or other appropriate relief in any state
or federal court in the State of California, and you consent to
exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree
to first try to resolve it with the help of a mutually agreed-upon
mediator in the following location: Sacramento, CA. Any costs and fees
other than attorney fees associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: Sacramento, CA, under
the rules of the American Arbitration Association. Judgment upon the
award rendered by the arbitration may be entered in any court with
jurisdiction to do so.
Managed by Vanguards, Inc. and/or Steven J Brazis
DDS may modify these Terms of
Use, and the agreement they create, at any time, simply by updating
this posting and without notice to you. This is the ENTIRE agreement
regarding all the matters that have been discussed.