IMPORTANT WEB SITE TERMS AND CONDITIONS
(“Terms and Conditions”)

1. USE, ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS and CONDITIONS.

Welcome to the website of Bella Dental. (“sitename”) provides you (“you” or the “User”) with access to this web site, consisting of the homepage and associated linked pages, text, logos, images, graphics and incorporated content (the “Content”), for informational purposes only. BY ACCESSING OR USING THIS WEB SITE, YOU ACCEPT THESE TERMS AND CONDITIONS OF USE AND AGREE TO USE THIS WEB SITE ONLY IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. IF FOR ANY REASON YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEB SITE.

2. GENERAL TERMS ADN CONDITIONS; LIMITED LICENSE.

The purpose of this web site is to provide you with an overview of Bella Dental’s dentistry services and basic information about the dental practice. Bella Dental grants you, the User and a current or potential patient of Bella Dental, a non-exclusive, limited license to view, print or download the Content solely for personal, informational purposes. Commercial use of this Content is strictly prohibited. In addition, you agree not to use this web site or its Content for any unlawful purpose, and agree not to copy, retransmit, republish, or translate the Content or any portion thereof except for the purpose of disseminating this information within your company and in connection with a current or potential business relationship with Bella Dental. You agree to abide by all rules, requirements and conditions established by Bella Dental from time to time hereafter as communicated to you through this web site.

3. ENTIRE AGREEMENT; MODIFICATION OF TERMS AND CONDITIONS.

The Terms and Conditions as set forth herein and all other terms and conditions set forth within the Content of this Web site incorporated herein by reference, embody the entire agreement and understanding between Bella Dental and the User, concerning the use of the web site and with respect to the subject matter contained herein, and supersede all prior agreements, understandings, representations and warranties, whether written or oral. No alteration, modification or change of these Terms and Conditions shall be valid and enforceable unless approved by Bella Dental in writing. However, these Terms and Conditions may be amended, modified, or superseded by Bella Dental at any time and from time to time without notice to the User. Because these Terms and Conditions may change, please read the Terms and Conditions each time you visit this web site. Bella Dental is not responsible for the User’s failure to review and adhere to these Terms and Conditions.

4. DISCLAIMER; EXCLUSIVE REMEDY.

THE CONTENT OF THIS WEB SITE IS PROVIDED AS A CONVENIENCE TO THE USER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, Bella Dental DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE ACCURACY, GENUINENESS, AUTHENTICITY OR RELIABILITY OF THE WEB SITE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES THAT THE WEB SITE CONTENT CONTAINED HEREIN IS FIT FOR ANY PARTICULAR PURPOSE OR IMPLIES ANY WARRANTY OF MERCHANTABILITY, TITLE OR NONINFRINGEMENT. IT IS EXPRESSLY UNDERSTOOD BY THE USER THAT THE USE OF, OR RELIANCE ON, THIS WEB SITE CONTENT, OR INABILITY TO ACCESS THE WEB SITE, IS AT THE USER’S SOLE RISK.

THE USER AGREES THAT Bella Dental NOT BE RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM ARISING OUT OF THE USE OF THIS WEB SITE AND CONTENT OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY INFORMATION CONTAINED IN THIS WEB SITE AND CONTENT. Bella Dental DISCLAIMS AND DOES NOT WARRANT THAT THE WEB SITE AND/OR THE CONTENT WILL BE FREE OF ANY ERRORS, VIRUSES OR ANY OTHER ELEMENT THAT MAY CAUSE DAMAGE TO COMPUTER HARDWARE OR SOFTWARE.

Bella Dental MAKES NO REPRESENTATION REGARDING THE ACCURACY OF ANY NEWS, COMMENTARY OR DESCRIPTIONS OF PROJECTS OR SERVICES INCLUDED IN ANY PRESS RELEASES LINKED TO THIS WEB SITE OR CONTAINED IN THE CONTENT.

ALL INFORMATION AND CONTENT CONTAINED IN THIS WEB SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE EXTENT PERMITTED BY LAW, Bella Dental SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS, DEMANDS, ACTIONS OR LIABILITIES ARISING OUT OF THE USE OF THE WEB SITE BY USER, AND USER EXPRESSLY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS AT ITS OWN EXPENSE, INDIVIDUALLY AND COLLECTIVELY,Bella Dental, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, COSTS AND EXPENSES, (INCLUDING ATTORNEY’S FEES) TO THE EXTENT PERMITTED BY LAW, ARISING OUT OF THE USE OF THIS WEB SITE BY USER IN VIOLATION OF THESE TERMS AND CONDITIONS BY USER OR ANY PERSON AUTHORISED TO ACT ON USER’S BEHALF, OR THE INFRINGEMENT BY USER OR ANY PERSON AUTHORISED TO ACT ON USER”S BEHALF.

TO THE EXTENT PERMITTED BY LAW, THE USER’S SOLE AND EXCLUSIVE REMEDY ARISING OUT OF THE USE OF, OR RELIANCE ON, THE WEB SITE IS REIMBURSEMENT OF THE ACTUAL ACCESS FEE PAID BY THE USER TO Bella Dental, IF ANY, FOR THE PRIVILEGE OF USING THIS WEB SITE. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Bella Dental BE HELD RESPONSIBLE FOR ACTUAL OR CONSEQUENTIAL DAMAGES ARISING OF THE USER’S USE OR RELIANCE ON THIS WEB SITE.

5. EQUAL EMPLOYMENT OPPORTUNITY.

Bella Dental is committed to equal employment opportunity and does not discriminate against potential employment applicants or employees based on race, colour, religious creed, sex (including pregnancy, childbirth and related conditions), marital status, age, national origin, physical or mental disability, sexual orientation, medical condition, ancestry, veteran status, or any basis protected by federal, state or local laws.

6. USER’S CONDUCT.

The User understands that all Content of the web site transmitted or posted from sources other than from Bella Dental is the sole responsibility of the person who originated the Content. This means that you, the User, are entirely responsible for all Content that you transmit or otherwise make available via this Web site. The User agrees to use the Web site only for lawful purposes, and the User understands that it is the sole responsibility of the User to comply with all laws, regulations and ordinances relating to the User’s use of this web site. The User agrees and understands that the User is liable to the extent permitted by law for any loss or damage caused in whole or in part by the User’s unlawful, tortious or unauthorised activity. By accessing this web site the User understands and agrees that the User shall not: (i) upload, post or transmit in any form, material which is defamatory, harmful, harassing, or invasive of the privacy of others; (ii) violate the rights of children in any way; (iii) tamper, hack, upload viruses or do anything to corrupt or disrupt the normal administration or security procedures of this web site or the hardware of other Users; (iv) disguise the source of material transmitted by the User via the web site; (v) infringe on the intellectual property of Bella Dental or any third parties; (vi) violate any law, ordinance, regulation or statute in the use of the web site; (vii) gather or collect personal information about other Users of this web site; (viii) act in such a manner as to cause an unreasonable burden on the web site resources; (ix) use, distribute or reproduce any portion of this web site and Content for commercial purposes.

7. HYPERLINKS AND EMBEDDED LINKS; POSTING.

Hyperlinks are usually underlined words or phrases, although they may also appear as a picture or a button on the web site. Bella Dental makes no representation of any kind as to the accuracy or content of any hyperlink or embedded link in this web site (individually, a “Link” and collectively, “Links”) to any other web sites. Any such web site Links are provided as a courtesy to the User and for the User’s convenience, but do not constitute an endorsement by Bella Dental of the products, services or information contained within the Links. The User is solely responsible for (i) any action that the User takes on any Link, such as purchasing a product or service or relying on any information contained in any Link, and (ii) any damages incurred by the User resulting from the purchase of any product or service from any Link or the reliance on any information contained within a Link.

Bella Dental does not pre-screen any content or postings placed on this web site by its Users. Bella Dental does not endorse, authorise or ratify any unlawful conduct by the User related to the User’s posting activities. The User assumes the risk by viewing the postings of other Users that the information contained therein may be inaccurate, dishonest, fraudulent, misleading or unlawful. Please advise us of any information regarding the posting of inappropriate content. Bella Dental reserves the right to remove and discard any content in its sole and absolute discretion.

8. DEEP-LINKING.

Deep-linking is strictly prohibited. Deep-linking occurs where a web site unassociated with Bella Dental includes an embedded link to any page within this web site, other than to Bella Dental‘s homepage. No person or entity is authorised to link or deep-link any web page associated with this web site without the express permission of Bella Dental. To the extent permitted by law, the User agrees to defend and hold harmless Bella Dental against any unauthorised deep-linking by User.

9. USE OF USER’S IDEAS.

The User grants Bella Dental an exclusive license to use all material, ideas, content, suggestions, drawings and concepts communicated to Bella Dental through the web site without any compensation to the User whatsoever. Do not communicate or transmit information to Bella Dental unless you agree to this exclusive license.

10. PRIVACY STATEMENT.

The User’s privacy is important to Bella Dental. Please read the Bella Dental Privacy Statement that describes the privacy practices and procedures of Bella Dental by clicking the link located on the home page of Bella Dental.

13. COPYRIGHT NOTICE.

The Content of this web site is an original copyrighted work owned by Bella Dental or Chrisad, Inc. (our marketing partner) and such materials are protected under federal Copyright law against unauthorised use, copying, and distribution. The Content of this web site is provided for informational purposes only, and a limited license is granted to the Users to download the Content for personal use only, subject to federal Copyright law. Commercial use is strictly prohibited. The User may not copy, republish, reproduce, sell, distribute, disseminate, transmit or create derivative works from any portion of this web site Content without the express prior written consent of Bella Dental. Unauthorised use will be prosecuted. All rights reserved.

14. INTELLECTUAL PROPERTY.

Bella Dental retains full ownership of its trademarks and service marks. Bella Dental’s marks include:

Bella Dental

These trademarks and service marks may be registered with the United States Patent and Trademark Office (“USPTO”). Use of these trademarks and service marks, or any other trade or service mark of Bella Dental not registered with the USPTO, is strictly prohibited, absent the express prior written consent of Bella Dental.

14. NOTICE OF INFRINGING MATERIAL.

Bella Dental strives to remove all Content that may be considered infringing on the intellectual property of others. If you have information regarding infringing Content on this web site, please give notice of the infringing material to the Copyright/Trademark Agent at Chrisad, Inc. by sending an email to: webservices@chrisad.com with the following information: (i) a description of the copyrighted or protected information you claim has been infringed, (ii) the location of the information on the web site, (iii) your name, address, email address and telephone number, (iv) a statement that you are the owner of the copyrighted or protected information purportedly infringed upon. Chrisad and Bella Dental will take prompt action to remove infringing material. This clause is intended to provide a procedure for the removal of infringing material pursuant to Title 17, United States Code, Section 512(c)(2).

15. VOID WHERE PROHIBITED BY LAW; SEVERABILITY.

The Terms and Conditions are void where prohibited by law. Should any part, term, provision or portion of these Terms and Conditions be determined by a court of competent jurisdiction to be illegal, invalid or in conflict with any law, regulation, ordinance or statute, or otherwise rendered unenforceable, then such contravention or invalidity shall not invalidate this entire agreement. Such invalid or illegal provisions shall be deemed modified to the extent necessary to render it legal, valid and enforceable and if no such modification shall render it legal, valid and enforceable, then these Terms and Conditions shall be construed as if not containing the provisions held to be illegal, invalid and unenforceable and the rights and obligations of Bella Dental and the User shall be construed and enforced accordingly with the other provisions remaining in full force and effect.

16. JURISDICTION; GEOGRAPHICAL LIMITATIONS; TIME LIMITATIONS ON ACTIONS; ADMISSIBILITY; NO WAIVER.

The Terms and Conditions the Privacy Statement incorporated herein shall be governed under the laws of Hamilton, and any claim, demand, or cause of action shall be venued and subject to the jurisdiction of Hamilton only. Bella Dental does not authorise any User to access this web site outside the Hamilton for any reason. Under no circumstances should this web site be considered an advertisement outside Hamilton. Bella Dental is not responsible for the User’s unauthorised access, and to the extent permitted by law, the User agrees that if this web site is accessed outside Hamilton (which is not permitted by Bella Dental), the User agrees to defend and hold Bella Dental harmless for any actual and consequential damages that may arise therefrom, and shall be solely responsible for complying with all laws, ordinances and regulations applicable to the jurisdiction from which the User accesses this site. To the extent permitted by law, Bella Dental disclaims all liability to the User resulting from Bella Dental’s failure to comply with laws, ordinances and regulations in jurisdictions other than Hamilton. To the extent permitted by law, all civil actions asserted by the User against Bella Dental arising out of this web site must be brought within nine (9) months of the date of injury and/or damage. A printed version of these Terms and Conditions shall be admissible as the writing itself and deemed preserved as a business record maintained in the regular course of business in accordance with the rules of evidence in any jurisdiction where any action may be brought arising out of or related to the use of this web site. Bella Dental’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

 

© Bella Dental, Hamilton, all rights reserved

505417.1