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Last revised
May 09, 2009
The following
describes the terms by which NewDocs, LLC., owner and creator of the
NewDocs service, offers you access to our website, platform and services:
NewDocs LLC. ("NewDocs")
provides a collection of online resources, including search, browse,
user profile pages, community pages, event detail pages, free online
downloads, podcasts, the Demand service, comments, link sharing, tags,
calendar tools, data input tools, and Web Services application programming
interfaces (APIs), (collectively referred to hereafter as "the
Service") subject to the following Terms of Service ("Terms"),
which may be updated by NewDocs from time to time. NewDocs will provide
notice of materially significant changes to the Term by posting notice
on the NewDocs site. You can review the most current version of the
Terms at: http://www.newdocs.com/terms.
By using the Service in
any way, you are agreeing to comply with these Terms. In addition, when
using particular NewDocs services, you agree to abide by any applicable
posted guidelines for all NewDocs services, which may change from time
to time. Should you object to any term or condition of these Terms,
any guidelines, or any subsequent modifications thereto or become dissatisfied
with the Service in any way, your only recourse is to immediately discontinue
use of the Service.
- Emergency Medical/Dental
Conditions
Do not use this site for medical emergency services. In an emergency,
please call 911 or your local emergency assistance number.
- Restricted to adults, dental/medical professionals , dental/medical students, and dental/medical industry representatives.
You must be at least 18 years of age to use NewDocs.com. You agree to be solely responsible for (i) maintaining
such controls over the use and/or access to the Website by minors in
your family or (ii) having access to your computer or login limited
to the extent necessary to restrict use to adults. Use of portions of
the Website that require an account and you to log in are intended for
and restricted to dental and medical professionals as well as dental/medical
industry representiatives..
- Content
You understand that all
postings, messages, text, files, images, photos, video, sounds, or other
materials ("Content") posted on, transmitted through, or linked
from the Service, are the sole responsibility of the person from whom
such Content originated. More specifically, you are entirely responsible
for all Content that you post, email or otherwise make available via
the Service. You understand that NewDocs does not control, and is not
responsible for Content made available through the Service, and that
by using the Service, you may be exposed to Content that is offensive,
indecent, inaccurate, misleading, or otherwise objectionable. Furthermore,
the Service and Content available through the Service may contain links
to other websites, which are completely independent of NewDocs. NewDocs
makes no representation or warranty as to the accuracy, completeness
or authenticity of the information contained in any such site. Your
linking to any other websites is at your own risk. You agree that you
must evaluate, and bear all risks associated with, the use of any Content,
that you may not rely on said Content, and that under no circumstances
will NewDocs be liable in any way for any Content or for any loss or
damage of any kind incurred as a result of the use of any Content posted,
emailed or otherwise made available via the Service. You acknowledge
that NewDocs does not pre-screen or approve Content, but that NewDocs
shall have the right (but not the obligation) in its sole discretion
to refuse, delete or move any Content that is available via the Service,
for violating the letter or spirit of the Terms or for any other reason.
When we receive an e-mail, we make reasonable efforts to respond in
as timely a manner as possible but NewDocs does not guarantee that it
will respond to all inquiries.
- The NewDocs Team
The Website does not clinically evaluate or perform credentialing of
the Professional participants, because the Professional participants
are not practicing medicine or providing medical advice about individual-specific
treatment matters with patients. Our community is restricted to dental
or healthcare professionals as well as healthcare industry representatives
only and consumers are restricted from creating an account on
our Website.
- NewDocs Communications
In the course of providing
you services, NewDocs will communicate with you via email. You agree
to receive emails which are specific to your account and necessary for
the normal functioning of the NewDocs Service, including but not limited
to notifications, newsletters about performers and events you've expressed interest
in. NewDocs will use the email address you provide to register you to
use our Services, to verify your authority to use certain features of
our Site and Services, to deliver certain services and notices based
on the email settings you have selected, or to improve and tailor the
content and general administration of our Site and Services.
- Conduct and Responsibilities.
- You are solely responsible
for your conduct and any Content that you submit, post, and display
on the Service.
- You are responsible
for any activity or Content associated with your screen name.
- You are responsible
for keeping your password secure.
- You must be 18 years
of age or older to use the Service.
- You must not submit
Content that is unlawful, harmful, threatening, abusive, harassing,
defamatory, pornographic, libelous, invasive of another's privacy, or
harms minors in any way.
- You must not submit
Content that harasses, degrades, intimidates or is hateful toward an
individual or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or disability
- You must not submit
Content that impersonates any person or entity, including, but not limited
to, an NewDocs employee, or falsely states or otherwise misrepresents
your affiliation with a person or entity.
- You must not submit
Content that includes non-public personal or identifying information
about another person without that person's explicit consent.
- You must not submit
Content that is false, deceptive, misleading, deceitful, misinformative,
or constitutes "bait and switch".
- You may not use
the Service for any illegal or unauthorized purpose.
- International users
agree to comply with all local laws regarding online conduct and acceptable
content.
- You must not modify,
adapt or hack the Service or modify another website so as to falsely
imply that it is associated with NewDocs.
- You must not create
or submit unwanted email to any NewDocs users ("SPAM").
- You must not create
or submit intentionally false or misleading information.
- You must not transmit
any worms or viruses or any code of a destructive nature.
- You must not, in
the use of the Service, violate any laws in your jurisdiction (including
but not limited to copyright laws).
- You must get express
authorization from NewDocsbefore you can use any portion of the Service,
including any Content or use of NewDocs's API, for any commercial purpose.
- Violation of any
of these terms will result in the termination of your NewDocs account.
While NewDocs prohibits such conduct and content on its site, you understand
and agree that NewDocs cannot be responsible for the Content posted
on its web site and you nonetheless may be exposed to such materials
and that you use the Service at your own risk.
- General Conditions
We reserve the right to
modify or terminate all or any portion of the Service for any reason,
without notice at any time.
We reserve the right to
alter these Terms at any time. If the alterations constitute a material
change to the Terms, we will notify you via email (if you've provided
us with your email address) as well as on the Terms page itself. What
constitutes a "material change" will be determined at our
sole discretion, in good faith and using common sense and reasonable
judgement.
We may, but have no obligation
to, remove Content and accounts containing Content that we determine
in our sole discretion are unlawful, offensive, threatening, libelous,
defamatory, obscene or otherwise objectionable or violates any party's
intellectual property or these Terms.
NewDocs's Demand service
enables users, performers and others to gather data wherein users indicate
their interest in having specific events occur in their city. NewDocs
does not represent or warrant that its services are free of inaccuracies,
errors, bugs, or interruptions, or are reliable, accurate, complete
or otherwise valid. NewDocs's services are provided "as is"
with no warranty, express or implied, of any kind and NewDocs expressly
disclaims any and all warranties and conditions, including, but not
limited to, any implied warranty of merchantability, fitness for a particular
purpose, availability, security, title and or non-infringement. In addition,
NewDocs expressly disclaims any and all representations and warranties
that any events will occur or that any performers will perform or fulfill
any stated or implied promises or commitments relating to NewDocs and
NewDocs Demand. NewDocs shall not, under any circumstances, be liable
to users for any indirect, incidental, consequential special or exemplary
damages arising out of or in connection with the use of NewDocs. To
the maximum extent permitted by applicable law, users hereby release
and waive all claims against NewDocs, and its affiliates, officers,
agents, licensors, shareholders and employees from any and all liability
for claims, damages (actual and/or consequential), costs and expenses
(including litigation costs and attorneys' fees) of every kind and nature,
arising from or in any way related to use of NewDocs.
Although NewDocs does not
claim ownership of Content that its users post, by posting Content to
any public area of the Service, you automatically grant, and you represent
and warrant that you have the right to grant to NewDocs an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use, copy,
perform, display, and distribute said Content and to prepare derivative
works of, or incorporate into other works, said Content, and to grant
and authorize sub-licenses (through multiple tiers) of the foregoing.
If you believe that your
work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated, please
notify NewDocs's agent for notice of claims of copyright or other intellectual
property infringement ("Agent"), at copyright at NewDocs.com,
or:
Copyright Agent
NewDocs LLC
1530 Siskiyou Blvd
Ashland, Oregon 97520 USA
- Identify the copyrighted
work or other intellectual property that you claim has been infringed.
- Identify the material
on the Service that you claim is infringing, with enough detail so that
we may locate it on the website.
- A statement by you
that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law.
- A statement by you
declaring under penalty of perjury that (a) the above information in
your Notice is accurate, and (b) that you are the owner of the copyright
interest involved or that you are authorized to act on behalf of that
owner.
- Your address, telephone
number, and email address and
- Your physical or
electronic signature.
- Privacy and Information
Disclosure
NewDoc has established
a Privacy Policy to explain to users how their information is collected
and used, located at http://www.newdocs.com/privacy. Your use of NewDoc's website(s) or
the Service signifies acknowledgment of and agreement to our Privacy
Policy. You further acknowledge and agree that NewDocs may, in its sole
discretion, preserve or disclose your Content, as well as your information,
such as email addresses, IP addresses, time-stamps, and other user information,
if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: comply with legal process,
enforce these Terms, respond to claims that any Content violates the
rights of third-parties, or protect the rights, property, or personal
safety of NewDocs, its users, or the general public.
- HIPAA COMPLIANCE
To comply with the Health Insurance Portability and Accountability Act
of 1996 ("HIPAA"), you agree that you will not submit any
information or materials containing Protected Health Information ("PHI").
PHI is information or materials relating to an individual's medical
condition or care and from which an individual can be identified. You
further agree to indemnify, defend and hold harmless NewDocs.com, LLC
and its affiliates and their respective officers, directors, agents
and employees from, for and against any claim, demand or cause of action,
including payments of reasonable attorneys' fees and costs arising out
of or related to any violation of HIPAA or failure to comply with the
terms of this section. If NewDocs determines that you have distributed
PHI on the Website without de-identifying it as required by HIPAA, it
will so notify you and may suspend or terminate your right to access
the Website.
You understand and agree
that sending unsolicited email advertisements to NewDocs email addresses
or through NewDocs computer systems, which is expressly prohibited by
these Terms, will use or cause to be used servers located in California.
Any unauthorized use of NewDocs computer systems is a violation of these
Terms and certain federal and state laws, including without limitation
the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section
502 of the California Penal Code and Section 17538.45 of the California
Business and Professions Code. Such violations may subject the sender
and his or her agents to civil and criminal penalties.
You agree that NewDocs,
in its sole discretion, has the right (but not the obligation) to delete
or deactivate your account, block your email or IP address, or otherwise
terminate your access to or use of the Service (or any part thereof),
immediately and without notice, and remove and discard any Content within
the Service, for any reason, including, without limitation, if NewDocs
believes that you have acted inconsistently with the letter or spirit
of the Terms. Further, you agree that NewDocs shall not be liable to
you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.
YOU AGREE THAT USE OF THE
SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE ARE PROVIDED ON AN
"AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED
BY LAW, NEWDOCS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST
EXTENT PERMITTED BY LAW,NEWDOCS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES
OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED
THROUGH ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY
LAW, NEWDOCS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS
IN CONNECTION WITH THE SERVICE. Some jurisdictions do not allow the
disclaimer of implied warranties. In such jurisdictions, some of the
foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
UNDER NO CIRCUMSTANCES
SHALL NEWDOCS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES (EVEN IF NEWDOCS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE,
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY
TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION,
OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY
LINKS ON THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY
LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW. In some jurisdiction, limitations of liability are
not permitted. In such jurisdictions, some of the foregoing limitation
may not apply to you.
You agree to indemnify
and hold NewDocs, its officers, subsidiaries, affiliates, successors,
assigns, directors, officers, agents, service providers, suppliers and
employees, harmless from any claim or demand, including reasonable attorney
fees and court costs, made by any third party due to or arising out
of Content you submit, post or make available through the Service, your
use of the Service, your violation of the Terms, your breach of any
of the representations and warranties herein, or your violation of any
rights of another.
The Terms constitute the
entire agreement between you and NewDocs and govern your use of the
Service, superseding any prior agreements between you and NewDocs. The
Terms and the relationship between you and NewDocs shall be governed
by the laws of the State of California without regard to its conflict
of law provisions. You and NewDocs agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of San
Francisco, California. The failure of NewDocs to exercise or enforce
any right or provision of the Terms shall not constitute a waiver of
such right or provision. If any provision of the Terms is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
the Terms remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the Terms must be
filed within one (1) year after such claim or cause of action arose
or be forever barred.
- Violations of
Terms and Liquidated Damages
Please report any violations
of the Terms, by flagging the posting(s) for review, or by emailing
to abuse at NewDocs.com. Our failure to act with respect to a breach
by you or others does not waive our right to act with respect to subsequent
or similar breaches.
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