Welcome to www.amdpi.com. American Dental Partners, Inc. (“ADPI”, “us”, “our” or “we”) provides the website www.amdpi.com and its subdomains and related services (the “Site”) to the user community that visits the Site pursuant to these 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 indicate your unconditional acceptance of these Terms of Use. Please read these Terms of Use carefully, as they create a binding contract between you and ADPI. If you do not accept any of these Terms of Use, you must not use or access the Site.
Scope of Service
You are responsible for obtaining any equipment and Internet service necessary to access our Site and for paying any fees for the equipment and service you select. We may alter, suspend or discontinue the Site in whole or in part, at any time and for any reason, without notice. The Site may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
If you access the Site from a mobile device, your mobile carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your mobile carrier as a result of use of the Site. You are responsible for ensuring that at all times while using the Site that you are not in violation of your wireless data service agreement.
Privacy
Please review our Privacy Policy, which can be found at http://www.amdpi.com/privacy-policy and is hereby incorporated as part of these Terms of Use and governs our privacy practices in connection with data we receive or collect from your access to and use of the Site.
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.
When you access or use 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 our 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.
Your Content
You may submit content to us in response to job postings or affiliation or other solicitations in connection with your use of our Site (“User Content”). ADPI does not claim ownership of any User Content. By submitting such User Content, however, you hereby grant ADPI the right to use such User Content for the purposes of developing, promoting and providing services to you. ADPI’s use of User Content is also subject to our Privacy Policy.
Intellectual Property
Our Site and all information, text, images, audio, video, data, links, software or other material on our Site or provided to you through our related services, other than your User Content, is the property of ADPI or its licensors (“ADPI Content”). ADPI Content is protected by copyright, trademark, patent, trade secret and other rights of ADPI and its licensors, and, as between you and ADPI, ADPI retains all rights in the ADPI Content and the Site, including the compilation of all content on our Site.
The service marks and trademarks of ADPI and trade dress of the Site, including without limitation “American Dental Partners”, “ADPI”, “www.amdpi.com” and the ADPI logos, graphics, logos, page headers, button icons, scripts and service marks are owned by American Dental Partners, Inc. You may not copy or use any of these marks, logos, trade names or trade dress in any manner that is likely to cause confusion with respect to customers or other third parties, or in any manner that disparages or discredits ADPI. You may not remove copyright, trademark and other proprietary notices from the ADPI Content. All other trademarks and service marks 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.
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
Subject to these Terms of Use, ADPI grants you a non-transferable, non-sublicensable, non-exclusive, revocable and limited right to access and use the Site and ADPI Content solely for your personal use. You are not permitted to download (other than page caching) or modify any ADPI Content, or any portion of the Site, except with the express written consent of ADPI. You may only use the Site for your own personal and internal business purposes, and you shall not use the Site or the ADPI Content for any other purposes. You shall not (i) resell or make commercial use of this Site or any ADPI Content; (ii) collect or use any product listings, or descriptions or prices from the Site; (iii) make any derivatives of the ADPI Content or of the Site; (iv) download or copy any account information for the benefit of any third party; (v) or use any data mining software, robots or similar data gathering and extraction tools, in connection with the Site. Except by ADPI, neither the ADPI Content nor any portion of this Site may be reproduced, duplicated, copied, sold, resold 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 portion of the Site or 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.
As a condition of your use of the Site, you represent and warrant to ADPI that you will not use the Site for any purpose that is unlawful, misleading, malicious or discriminatory, or prohibited by these Terms of Use or notices provided by ADPI. You may not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. If you violate any of the restrictions set forth in these Terms of Use, any licenses granted to you by ADPI under these Terms of Use shall automatically terminate.
Subject to these Terms of Use, ADPI grants you a non-transferable, non-sublicensable, non-exclusive, revocable and limited right to create a hyperlink to the home page of www.amdpi.com so long as the link does not portray ADPI, or its trademarks, service marks, products or services, in a false, misleading, derogatory or otherwise offensive manner. You may not use any ADPI logo or other proprietary graphic or trademark as part of the link without ADPI’s 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.
Feedback
While we welcome your feedback, ideas and suggestions, it is important to be aware of the following restrictions. If you send us feedback, ideas or suggestions (collectively, “unsolicited ideas”), you agree that: (1) your unsolicited ideas become the property of ADPI and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) ADPI may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for ADPI to review your unsolicited ideas; and (5) ADPI has no obligation to keep any unsolicited ideas confidential.
Product & Service Descriptions
ADPI attempts to provide accurate information on the Site. However, ADPI does not warrant that product or service descriptions or other content of this Site is accurate, complete, reliable, current or error-free. ADPI reserves the right to make changes to document names and content, descriptions or specification, and other information, without any obligation to issue any notice of such changes.
Disclaimer of Warranties & Limitation of Liability
Disclaimer of Warranties
THIS SITE AND ALL INFORMATION, ADPI CONTENT, 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 AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, ADPI CONTENT, 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, ADPI CONTENT, 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, ADPI CONTENT, 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.
Limitation of Liability
ADPI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO, OR USE OR MISUSE OF THIS SITE OR FROM ANY INFORMATION, ADPI CONTENT, 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 (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ADPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
ADPI’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THIS AGREEMENT, CUMULATIVELY BETWEEN YOU AND ADPI, SHALL NOT EXCEED THE GREATER OF (I) $1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO ADPI FOR ACCESS TO OR USE OF THE SITE, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.
CLAIMS BROUGHT BY YOU OR ADPI MUST BE BROUGHT IN THAT PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
SOME JURISDICTIONS, IF ANY, DO NOT ALLOW CERTAIN DISCLAIMERS, LIMITATIONS AND EXCLUSIONS IN SUCH JURISDICTION. ACCORDINGLY, SOME OF THE FOREGOING DISCLAIMERS, LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
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, User Content and feedback, ideas and suggestions that you submit for use in connection with the Site or your violation of any third-party right. You are solely responsible for your 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 ADPI Content, 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.
Careers Page
ADPI may list open employment positions with respect to ADPI or third parties on the Site. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on the Site or made available through the Site as an offer for employment by ADPI. Nor should you construe anything on the Site as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.
Acquisitions Page
ADPI may list information about acquiring or selling dental practices on the Site from time to time. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on the Site or made available through the Site as an offer for purchase or sale of a practice or company by ADPI. Nor should you construe anything on the Site as a promotion or solicitation for the acquisition of a company or practice not authorized by the laws and regulations of your locale.
Applicable Laws & Disputes
These Terms of Use, and any dispute between you and ADPI, shall be governed by the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws.
Any dispute relating in any way to your visit to the Site or to these Terms of Use 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 any such changes shall only apply to your use of the Site after the date of such changes, and such changes will not apply to products or services purchased prior to the effective date of such changes, unless you expressly accept retroactive application of such changes, via a click-through or signed agreement or otherwise. 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 terms or conditions of these Terms of Use 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.
Links or References to Third-Party Sites or Products
Our Site may provide you with the ability to link to external sites, or download content from third-party sites, from time to time. Such external links on our Site will lead to other websites, including a link to third party services that manage job applications as well as links to advertised products or content sold or otherwise made available by outside vendors and companies. We provide any such links as a convenience to you. We are not liable for the content, goods, services, advertising or other materials found on any external websites. Although we may display ads and may have an affiliate referral relationship with third parties or a relationship in which we obtain services with third parties, we do not own or control outside companies selling products accessed through our Site, and are not responsible or liable for their company policies or the quality of their merchandise or services. Before buying anything or submitting personal information, users are advised to carefully investigate the individual company policies of all online purchases that they intend to make. Any logo of a third party used on the Site is a trademark of such third party or its affiliates.
In no event shall any reference to any third party or third-party product, content or service be construed as an approval or endorsement by ADPI of that third party or of any product, content or service provided by a third party. Likewise, a link (including without limitation external websites that are framed by the Site as well as any advertisements displayed in connection therewith) to any third party website does not imply that we endorse or accept any responsibility for the content or use of such website.
Jurisdictional Issues
ADPI makes no representations that information on our Site is appropriate or available for use outside the United States. If you choose to access our Site from outside the United States, you do so on your own initiative and at your own risk and you agree and acknowledge that you are responsible for complying with all applicable U.S. laws as well as your local laws and regulations.
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 any licenses granted to you under these Terms of Use and/or your access to the Site, in our sole discretion, for any reason, at any time. You agree that we are not liable to you or any third party for any termination of your access to this Site. Without limiting the foregoing, ADPI shall have the right to immediately terminate your access to our Site 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. Even after your right to access or use the Site is terminated or suspended, these Terms of Use will remain enforceable against you.
Our Address
For Additional Information
If you have any questions about the rights and restrictions above, please contact ADPI by mail at
American Dental Partners, Inc.
401 Edgewater Place
Suite 430
Wakefield, MA 01880
Attention: General Counsel
Copyright © 2015, American Dental Partners, Inc. All Rights Reserved.
Version: August 10, 2015