TERMS OF SERVICE
WARNING: BY USING THIS WEBSITE, YOU CONSENT TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT (HEREINAFTER THE “AGREEMENT”). PLEASE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY. BY CONTINUING TO USE THIS WEBSITE, YOU ARE AGREEING TO ALL TERMS LISTED IN THE AGREEMENT, WHICH INCLUDE BUT ARE NOT LIMITED TO, AN ARBITRATION AGREEMENT, LIMITATION OF LIABILITIES, A WAIVER OF CLASS ACTIONS, AND A DISCLAIMER OF WARRANTIES. IF YOU DO NOT AGREE WITH ALL OF THE TERMS IN THIS AGREEMENT, DO NOT CONTINUE TO USE THIS WEBSITE.
- Binding Agreement: This Agreement is binding. By using the website that you linked from or to DrivenDentalMarketing.com or any subdomain of DrivenDentalMarketing.com (hereinafter known as “the Website”), you agree to abide by these Terms of Service, now and as they may be amended by Driven Dental Marketing, (hereinafter known as “us” “we” or “our”). These terms and conditions may be updated and amended at any time by us in our sole discretion. If the Terms of Service have been materially changed, we will post a notice on the Website. However, it is your responsibility to review the Terms of Service from time to time.
- Minimum Age Requirement: BY USING OUR WEBSITE, YOU EXPLICITLY AGREE THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
- Copyright Ownership: The content on the Website, unless otherwise credited or unless posted in a public forum, is property of this Website. “Content” includes but is not limited to text, graphics, photos, sounds, music, videos, and the trademarks and logos contained within them. All trademarks and logos (“Marks”) displayed on this site are the property of this Website or other third parties. You are not permitted to use these Marks without the prior written consent of this Website, or such third party that may own the Mark. You may not disclose any proprietary information posted on the Website to any third party who is not a member of this Website, nor disclose any information posted on the Website without prior authorization of this Website.
- Intellectual Property Laws: When accessing this website, you are agreeing to obey all intellectual property laws and respect the intellectual property rights of others. By using this Website, you agree to be governed by and subject to the laws regarding copyright ownership and intellectual property use. You therefore agree not to download, upload, perform, transmit, display, or otherwise distribute any information or content (hereinafter known as “Content”) in violation of the rights of a third party, including such third party’s copyrights, trademarks or any other proprietary or intellectual property rights. You agree to abide by all laws regarding ownership of and use of intellectual property. You agree that you are solely responsible for violations of relevant copyright and intellectual property laws, and for any violation of copyright laws or infringement of a third party’s rights that were caused by Content that you upload, download, provide or transmit during your use of this Website and/or your User ID. You have the sole burden of proving that your actions do not violate laws or third party rights.
- Prohibited Uses: By using our Website, you agree to abide by certain restrictions on the uses of this site. You are prohibited from violating or attempting to violate any security features of our Website, including, without limitation, (a) taking actions to hack, probe, test, scan, or test vulnerabilities in our Website, or any associated system or network, or to breach security protocols or authentication measures without proper prior authorization; (b) accessing content or data which is not intended for you as a user of this site, or attempting to log on or logging onto a server or account that you do not have authorization to access; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (d) attempting to reverse-engineer, decompile, modify, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any aspect of the Website’s source code. All violations of network security or systems will subject you to civil and criminal liability.
- Inappropriate Content: You are strictly prohibited from making the following kinds of Content available on this site or any site associated with it. You agree not to display, download, upload, perform, transmit, or otherwise distribute any Content that (a) advocates or encourages conduct that may create civil liability, or which constitutes or could constitute a criminal offense, or which would otherwise violate any law in any jurisdiction in the world; or (b) any Content which may be libelous, defamatory, pornographic, abusive, obscene or threatening; or (c) any Content which solicits funds, advertises or otherwise constitutes a solicitation for funds, or which is a solicitation for goods or services; or (d) any Content this Website deems dishonest or unprofessional, including posting inappropriate, inaccurate, or objectionable content.
- Termination: This Website reserves the right to terminate your use, transmission, receipt, or other distribution of any such material using our Website. This Website also reserves the right, where applicable, to delete any such material from our networks and servers. We will cooperate fully with any and all law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any laws which apply.
- Your membership: By signing up as a member of this Website, you agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; and (4) not sell, trade, or transfer your account to another party. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
- Violations: We reserve the right to terminate your use of this Website without notice. To ensure we provide a positive and quality experience for you and all other users of the Website, you agree that we or our representatives may access your account information and records to investigate complaints or allegations about infringement of any rights, abuse, or other unauthorized use of this Website. Although we will not disclose the existence of such an investigation unless we are compelled to do so by law, we do reserve the right to terminate our access to the website or your account, with or without notice, immediately, without any liability to you, in the event that we have reason to believe you have violated any of the Terms of Service or if you provided false or misleading information, or interfered with others’ use and enjoyment of this Website.
- User Content License: Your use of this Website grants us a license to use any materials you may post to our Website. By downloading, uploading, posting, transmitting, displaying, performing or otherwise distributing information or other Content to our website, you hereby grant us, our officers, directors, employees, affiliates, agents, consultants and representatives, a license to use the Content without any limitation. In addition, you grant us a right to distribute, copy, transfer, transmit, publicly display or perform, edit, reproduce, translate and reformat any of your Content.
- Predispute Notification and Mediation Agreement: This Agreement requires final, binding arbitration of all disputed claims (which are discussed below). You agree, however, that it is to your and our advantage to discuss disputes before resorting to arbitration proceedings. In the event of a dispute, you must send a notice to our representative which briefly summarizes the claim and request for relief. Such notice must be sent to firstname.lastname@example.org. If the dispute is not resolved within 60 days after notice has been given to us, you can initiate arbitration proceedings, or any other proceedings which may be authorized by this Agreement.
- Arbitration Agreement: Except to the extent otherwise noted below, any claim, controversy, or dispute which arises out of or relates to this Agreement, or your use of our Website, will be resolved by binding arbitration. The arbitration will be adjudicated by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures. In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.
The default form of Arbitration will be a Desk Arbitration, which requires each party to submit their proofs to the Arbitrator, who will decide the case on written submissions and arguments alone. Either party may request a hearing. If a party makes a written request within 10 days after the AAA has acknowledged receipt of a claimant’s demand for arbitration, all parties will participate in a hearing by telephone. No party shall be required to travel for purposes of arbitration.
If you decide to initiate arbitration, you must pay a filing fee to the AAA. The fee is $750 for claims which are under $75,000. If for any reason your filing fee is more than $750, we will reimburse you for the excess fee amount promptly after we receive your notice of arbitration. In the event that the arbitrator decides in your favor, we will also reimburse you for the whole $750 filing fee.
This arbitration agreement is governed by Federal Arbitration Act and is enforceable pursuant to its owns terms. As such, either party may seek enforcement of the arbitration provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
The Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding, notwithstanding any provision in the Rules to the contrary.
The arbitral award shall be judicially enforceable. Either party may seek enforcement of an award in any court of competent jurisdiction.
The arbitrator shall not have the power to make errors of law or legal reason, nor make clearly erroneous findings of fact, nor abuse his or her discretion. The arbitral award may be vacate or corrected if it is challenged on appeal in a court of competent jurisdiction.
- Class Action Waiver: All parties, including us and you, waive the right to bring any claim covered by this alternative dispute resolution by class, consolidated, mass, collective, representative or private attorney general action which is brought by anyone else. Notwithstanding any contrary provision in the Rules, the arbitrator shall not have jurisdiction or authority to hear the arbitration as a class, consolidated, mass, collective, representative or private attorney general action to join, consolidate or otherwise combine the claims of different parties in a single proceeding.
- NO WARRANTIES APPLY. THIS WEBSITE DISCLAIMS ANY AND ALL WARRANTIES. THIS WEBSITE IS BEING MADE AVAILABLE “AS IS” AND THEREFORE WITHOUT ANY WARRANTIES. BY USING THIS WEBSITE, YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, OUR WEBSITE. WE EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING OUR WEBSITE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. THIS WEBSITE DOES NOT WARRANT THAT IT WILL WILL MEET ALL OF YOUR REQUIREMENTS AND PREFERENCES IN ANY FORM, OR THAT THE OPERATION OF OUR WEBSITE WILL BE WITHOUT ERRORS OR TOTALLY UNINTERRUPTED AT ALL TIMES.
- LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO YOU, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES, WHICH MAY ARISE IN CONNECTION WITH OR ARISING FROM YOUR USE OF OUR WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARISE FROM A BREACH OF CONTRACT, TORT, OR OTHER LEGAL THEORY OR CAUSE OF ACTION. EXCEPT FOR ANY OF THE REIMBURSABLE ARBITRATION FEES DESCRIBED HEREIN, THE TOTAL LIABILITY OF US, THIS WEBSITE, OUR PARTNERS, AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS OR CONTRACTORS, FOR ANY ACTION OF CLAIM OR CAUSE OF ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEBSITE, SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD).
- Indemnity: You hereby agree to indemnify us for your acts and omissions. You hereby agree to indemnify, defend, and hold harmless this website, its employees, affiliates, directors, officers, agents, representatives or consultants, from any and all third party claims, losses, damages, liability, and/or costs (including reasonable attorneys fees and costs) which arise from your access to or use of our Website, or your violation of these Terms of Service, or your infringement, or infringement by any other person or user of your account, of any intellectual property or other right of any person or entity. You shall be notified promptly of any such claim, liability, loss, or demand, and we will provide you with reasonable assistance, in defending any such claim, liability, loss, damage, or cost, at your expense.
- Miscellaneous: Other terms and conditions you hereby agree to abide by include:
- Severability; Waiver. If, for any reason, a court finds that any term or condition in these Terms of Service is unenforceable, then all other terms and conditions will remain in full force and effect. No waiver of any provision or any breach of these Terms shall be considered as a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions. No waiver shall be considered effective unless the waiver is signed by an authorized representative of the waiving party.and made in writing.
- No License. Nothing in this Website grants you a license to use any of the trademarks, service marks, logos, or other protectable property owned by us or by any third party.
- Modifications. In our sole discretion, without notice, this Website may, do the following (i) revise these Terms; (ii) modify this Website; and (iii) discontinue this Website at any time. We shall post any revision to these Terms to our Website. Such revision shall take effect immediately upon such posting. You hereby agree to review these Terms of Service and any other online policies posted on our Website on occasion, in order keep yourself aware of revisions. By continuing to use or access our Website following the notice of any revision, you agree that you shall abide by any such revision.
- Governing Law. These Terms of Service shall be construed in accordance with and shall be governed by the laws of the United States and the State of Florida, without reference to U.S. or Florida rules regarding conflicts of law.
ACKNOWLEDGEMENT: BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND TO THESE TERMS OF SERVICE.