LEGAL TERMS FOR WWW.AACD.COM
Your access to and use of this site is subject to the following Legal Terms. Please read these Legal Terms carefully before accessing or using the site, so that you fully understand your rights and responsibilities. BY ACCESSING OR USING THE SITE, YOU SIGNIFY YOUR AGREEMENT WITH THESE LEGAL TERMS.
AACD RESERVES THE RIGHT TO CHANGE THESE LEGAL TERMS AT ANY TIME. IF WE DECIDE TO CHANGE THE LEGAL TERMS, WE WILL POST ANY CHANGES ON THIS WEB SITE. ANY SUCH CHANGES SHALL BE EFFECTIVE UPON POSTING ON THE WEB SITE. BY ACCESSING THE SITE FOLLOWING THE POSTING OF CHANGES TO THE LEGAL TERMS, YOU AGREE TO ALL SUCH CHANGES.
These Legal Terms are agreed to by and between you and American Academy of Cosmetic Dentistry (“AACD”). In consideration of your use of and access to this web site, and the promises and obligations in these Legal Terms, and intending to be legally bound, you and AACD hereby agree to all of the terms and conditions of these Legal Terms. These Legal Terms describe the terms and conditions under which AACD welcomes you to this site. Please read the Legal Terms carefully so that you fully understand your rights and responsibilities.
II. AACD Intellectual Property Rights
Copyright 2004 AACD Corporation. All rights reserved.
All copyrightable text, audio, video, graphics, charts, photographs and icons, design, selection, and arrangement of content in any medium on this site is copyrighted by AACD, unless otherwise noted. The distinctive and original layout and presentation of this site also constitutes protectable trade dress under applicable federal law. In addition, many registered and unregistered marks may appear throughout this site and they are the sole property of AACD. This site may also contain references to third-party marks, which are the property of their respective owners. If you have any questions regarding a specific mark or any other AACD intellectual property, please contact AACD. Any unauthorized use of any of AACD’s marks, or of its copyrighted material or trade dress or any other intellectual property, is strictly prohibited, and will be prosecuted to the fullest extent that the law provides.
III. Use of This Site
Permission is granted to download this site’s content and to print a single hard copy for the user’s use only. You may not otherwise use, copy, modify, distribute, republish or transmit any of the content or materials of this site without the written permission of AACD.
You understand and expressly agree that use of this site is at your own risk, that any material or data downloaded or otherwise obtained through the use of the site or by virtue of interaction with other users is at your own discretion and risk, and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material or data, and for any other form of damage that may be incurred. AACD SHALL NOT BE LIABLE TO USERS FOR ANY DAMAGE RESULTING FROM USE OF THE SITE, NOR IS AACD IN ANY WAY RESPONSIBLE FOR THE CONDUCT OF USERS, OR INFORMATION EXCHANGED ON THE SITE.
Although AACD endeavors to provide accurate information, this site is intended to be for general reference purposes only. AACD makes no guarantees with respect to any information provided on the site.
IV. No Warranty
USER EXPRESSLY UNDERSTANDS AND AGREES THAT AACD SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF AACD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THIS LIMITATION IS SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT ITS SCOPE.
V. No Liability
In no event shall AACD or any of its affiliates, officers, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data, information, profits or business interruption, arising out of or in any way related to the use or performance of this web site or any linked site, to any information or products or anything else obtained through this site, or otherwise arising out of the use of this site, or to the inability to use the site, whether based in tort, contract, negligence, strict liability or otherwise, even if AACD has been advised of the possibility of damages. Your sole and exclusive remedy is to discontinue using this web site.
VI. AACD Indemnified
You agree to indemnify, defend and hold harmless AACD, its affiliates, officers, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liability, damages and costs (including, but not limited to, attorneys’ fees) arising from your use of the site or the violation of these Legal Terms, including without limitation, your infringement, or infringement by any other users of your account, of any intellectual property or other right or policy of any person or AACD.
VIII. Advertisements and Other Sites
The AACD Web site may contain links to third party websites that are not under the control of AACD. AACD makes no representations whatsoever about any other web site to which User may have access through the AACD web site. When User accesses a third party web site, User does so at its own risk and acknowledges that AACD is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that AACD shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s web site. Mention of third party companies and web sites on the AACD Web site is for informational purposes only and does not constitute an endorsement or recommendation.
IX. Agreement to Legal Terms; Changes
BY YOUR ACCESS OR USE OF THIS SITE, YOU HEREBY AGREE TO THESE LEGAL TERMS. These Legal Terms constitute the entire agreement between the parties with respect to the subject matter contained in the Legal Terms and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Legal Terms will be effective only if in writing and signed by AACD. These Legal Terms will inure to the benefit of AACD’s successors, assigns and licensees.
X. Interpretation and Disputes
These Legal Terms are governed by the laws of the United States and the State of Wisconsin, without regard to any conflict of laws provisions. All disputes under this Agreement, that cannot be resolved by the parties shall be submitted to arbitration in Dane County, Wisconsin under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph after providing 30 days written notice to the other party. The dispute(s) arising under this Agreement shall be decided by a panel of three arbitrators with each party hereto selecting one arbitrator and the two selected arbitrators to chose the third arbitrator. An arbitrator sitting in any arbitration arising hereunder shall not have the authority or power to modify or alter any express condition or provision of this Agreement or to render any award which by its terms has the effect of altering or modifying any express condition or provisions hereof. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law. User agrees that, regardless of any statute or law to the contrary, any dispute arising out of or relating to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.
XI. Contacting Us
If you have any other questions or concerns regarding these Legal Terms, please contact us via e-mail.