TERMS OF USE
Welcome to www.amdpi.com (the “Site”). American Dental Partners, Inc. and its affiliates (“ADPI” or “we”) provide website features to you subject to the following terms and conditions (the “Terms of Use”). These Terms of Use set forth the terms and conditions that apply to the use of the Site by you. By using the Site, you agree to these Terms of Use. Please read these Terms of Use carefully. If you do not wish to agree to these Terms of Use, please refrain from using the Site.
PRIVACY
Please review our Privacy Notice, which is incorporated as part of these Terms of Use and governs your visit to the Site, to understand our privacy practices.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY
COPYRIGHT
All content on this Site is the property of ADPI or its content suppliers and protected by U.S. and international copyright laws. The compilation of all content on this Site is the exclusive property of ADPI and protected by U.S. and international copyright laws. All software used on this Site is the property of ADPI or its software suppliers and protected by U.S. and international copyright laws.
TRADEMARKS
www.amdpi.com and graphics, logos, page headers, button icons, scripts and service names appearing on the Site are trademarks, registered trademarks or trade dress of ADPI in the United States. ADPI's trademark and trade dress may not be used in connection with any product or service that is not ADPI's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ADPI. All other trademarks not owned by ADPI that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by ADPI.
LICENSE AND SITE ACCESS
ADPI grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of ADPI. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of ADPI. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of ADPI without our express written consent. You may not use any meta tags or any other "hidden text" utilizing ADPI's name or trademarks without the express written consent of ADPI. Any unauthorized use terminates the permission or license granted by ADPI. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of www.amdpi.com so long as the link does not portray ADPI, or its products or services, in a false, misleading, derogatory or otherwise offensive matter. You may not use any ADPI logo or other proprietary graphic or trademark as part of the link without express written permission.
Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.
PRODUCT & SERVICE DESCRIPTIONS
ADPI attempts to be as accurate as possible. However, ADPI does not warrant that product or service descriptions or other content of this Site is accurate, complete, reliable, current or error-free.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ADPI ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ADPI AND ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, VENDORS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCT PROVIDED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ADPI DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR-FREE, AVAILABLE AT ALL TIMES, OR AVAILABLE WITHOUT INTERRUPTION.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ADPI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADPI DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ADPI’S SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM ADPI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADPI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS AND EXCLUSIONS IN SUCH JURISDICTION, THE FOREGOING DISCLAIMERS, LIMITATIONS AND EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.
INDEMNIFICATION & RELEASE
You agree to defend, indemnify and hold harmless ADPI, its affiliates, directors, officers, employees and agents from and against any and all claims, damages and expenses, including reasonable attorney’s fees, arising out of or related to any products or services you purchase in connection with the Site, your use of the Site, or your violation of any third-party right. You are solely responsible for interactions with other users of the Site. To the extent permitted by applicable law, you hereby release ADPI from any and all claims or liability related to any product or service of ADPI and any conduct, action or inaction by ADPI. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction), 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.” The indemnity and release provisions of this section shall survive the termination of these Terms of Use.
APPLICABLE LAW & DISPUTES
By visiting www.amdpi.com, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and ADPI.
Any dispute relating in any way to your visit to www.amdpi.com shall be adjudicated in any state or federal court in Massachusetts, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our Site, policies and these Terms of Use at any time. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on the Site, provided that these changes will not apply to products or services purchased prior to the effective date of such changes. These changes will be effective immediately for new users of the Site and any products or services purchased by such new users. We suggest that you re-read our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Site by you after such notice shall be deemed to constitute acceptance by you of such modifications. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ENTIRE AGREEMENT
These Terms of Use (including any terms incorporated by reference herein) constitute the entire agreement between ADPI and you with respect to your access, use and receipt of services from the Site and supersedes all prior agreements, negotiations and discussions between you and us relating to the same. There are no third-party beneficiaries of these Terms of Use. We exclude any representations and warranties previously given or made in relation to the same.
TERMINATION
ADPI may terminate these Terms of Use at any time. Without limiting the foregoing, ADPI shall have the right to immediately terminate or suspend any of your passwords or accounts in the event any of your conduct is deemed by ADPI, in its sole discretion, to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions above relating to Intellectual Property, Disclaimer of Warranties & Limitation of Liability, Indemnification & Release, and Applicable Law & Disputes will survive termination of this Agreement.
OUR ADDRESS
American Dental Partners, Inc.
401 Edgewater Place
Suite 430
Wakefield, MA 01880
http://www.amdpi.com