Effective: September 21, 2018
Last Updated: May 6 , 2021
Welcome to the Mommy Dentists in Business website. Mommy Dentists in Business provides information, newsletters, blogs, podcasts, and continuing education for the working mother through our website www.mommydibs.com, and all subdomains thereof (the “Site”). Please read this Terms of Service agreement (the “Agreement”) carefully as it applies to your use of online services and digital products of the Mommy Dentists in Business, LLC (“MDIB” or “we” or “us”), including but not limited to (i) the Site, and any mobile applications offered by MDIB; (ii) ) any social media accounts administered by us, including those located on Facebook, LinkedIn, Twitter, and YouTube (each such account referred to as an “MDIB Affiliated Site”); and 3) and all features, content, products and services offered by MDIB through the Site and MDIB Affiliated Sites (collectively, the “Services”). This Agreement applies to each Site and each MDIB Affiliated Site. Your use of the Site, MDIB Affiliated Sites and Services is governed by this Agreement regardless of how you access the Site, MDIB Affiliated Sites or Services, including but not limited to, through the Internet, Wireless Access Protocol (commonly referred to as “WAP”), a mobile network or otherwise.
1. Acceptance of Terms. The Site, MDIB Affiliated Sites and Services are made available by MDIB subject to this Agreement. MDIB reserves the right to update or make changes to this Agreement from time to time and may provide you with notice of such changes by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site or in connection with the Services. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Your access to or use of the Site, MDIB Affiliated Sites or Services following changes to this Agreement will constitute your acceptance of those changes. Any changes to this Agreement shall not apply to any dispute between you and MDIB arising prior to the date on which MDIB posted the revised version of this Agreement incorporating such changes or otherwise notified you of such changes.
BY ACCESSING OR USING THE SITE OR SERVICES, REGARDLESS OF WHETHER YOU REGISTER AS A MEMBER OR SUBSCRIBER, YOU AFFIRM THAT YOU ARE (I) OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, (II) YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY ENTER INTO THIS AGREEMENT AND PERFORM YOUR OBLIGATIONS; (III) YOU’VE READ THIS AGREEMENT AND YOU AGREE TO BE BOUND BY IT; AND (IV) YOU UNDERSTAND THIS AGREEMENT SETS OUT BINDING LEGAL OBLIGATIONS FOR YOU.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, any MDIB Affiliated Site or Services, with or without notice; charge fees in connection with the use of the Site or Services; modify or waive any fees charged in connection with the Site or Services; or offer opportunities to some or all users of the Site, MDIB Affiliated Sites or Services. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site , MDIB Affiliated Sites, or of any Service, content, feature or product, in whole or in part. Your continued access to or use of the Site, MDIB Affiliated Sites or Services after such changes will indicate your acceptance of such changes.
2. Site and Services; Information.
Content. We provide users of the Site, MDIB Affiliated Sites and/or Services with access to certain content and services related to the working mothers in the dental and medical professions, which may include, without limitation: (a) seminar registration; (b) live streaming media (e.g., webcasts, podcasts and groupcasts) and on-demand streaming media; (c) downloadable audio and video courses; (e) continuing education; (f) downloadable presentation materials; (f) downloadable publications; (g) blogs; (h) downloadable forms and other documents; and (i) certain coupon codes, discounts and promotions for products and services that may be of interest to you (such content and services also part of the “Services”). Certain of these Services may only be available to paid subscribers. To have full access to all of the Services offered by MDIB you must register and become a paid subscriber pursuant to Section 4. MDIB makes no representation or warranty regarding access to content available through the Site or in connection with Services, including the quality of streaming content and the download speed of downloadable content.
Events; Webinars; Continuing Education. Members, guests, and non-members may be invited to in-person and online events organized by MDIB or by its approved partners. Our events are created and designed to provide a variety of insights and opportunities and include but are not limited to networking, continuing education, innovation, ideas, strategies and experiences. Certain events may be free to paying members, while other events may require an additional fee. Any non-member may attend these events but subject to the payment of non-member registration rate. Our events are non-refundable and may be subject to additional terms and conditions. Please check our no refund policy at the time of booking.
Member Database. When you subscribe as a member you may opt-in to have your information included in a member accessible member database or directory. If you opt-in, you grant MDIB the right to use all information members provide in association with their profiles, including name, geographic data, professional data, and other information, and share such information with other subscribing members.
Classifieds. The Site also provides an online database of job postings and business opportunities, users the ability to post, search, review and respond to such opportunities (“Classifieds”). MDIB does not employ any user, member, visitor or other individual that visits our Site. You, if you are an employer or business owner, you are the potential employer of any individual whom you engage, and you are responsible for compliance with all applicable employment and other laws in connection with any employment or contract relationship you establish with any such individual (such as applicable payroll, tax and minimum wage laws). If you are a business owner posting about any potential business opportunity you are solely responsible for such posting and the accuracy or correctness of such posting and all professional services related to such posting. MDIB does not endorse, promote or otherwise sponsor any employment posting or business opportunity posted to the Site.
You understand that MDIB does not verify the qualifications of any users using or posting on the Website, except as otherwise provided in this Agreement, nor do we evaluate any job posting or business opportunity or control in any ongoing manner exchanges between you and such users. We have no control over and assume no responsibility for the conduct, whether online or offline, of users of the Site.
The content and other Services provided through the Site, and MDIB Affiliated Site and/or or in connection with the Services is designed to provide practical and useful information on the subject matter covered. WHILE SUCH CONTENT MAY CONCERN LEGAL ISSUES, ACCOUNTING ISSUES, TAX ISSUES, DENTAL AND MEDICAL PRACTICE ISSUES OR OTHER ISSUES RELATED TO PROFESSIONAL SERVICES, SUCH CONTENT IS NOT LEGAL ADVICE, ACCOUNTING ADVICE, TAX ADVICE, DENTAL OR MEDICAL PRACTICE ADVICE OR OTHER PROFESSIONAL SERVICES ADVICE. YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY CONTENT INCLUDED ON THIS SITE, ANY MDIB AFFILIATED SITE OR IN CONNECTION WITH THE SERVICES WITHOUT SEEKING LEGAL ADVICE OF COUNSEL IN THE RELEVANT JURISDICTION, OR THE ADVICE OF A COMPETENT PROFESSIONAL IN THE APPLICABLE SUBJECT MATTER. MDIB EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT OF THIS SITE, ANY MDIB AFFFILIATED SITE OR IN CONNECTION WITH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT IS NOT PROVIDED FOR THE PURPOSE OF RENDERING LEGAL, ACCOUNTING, TAX, DENTAL, MEDICAL OR OTHER PROFESSIONAL SERVICES OR ADVICE. IF YOU BELIEVE YOU REQUIRE LEGAL ADVICE OR OTHER EXPERT ASSISTANCE, YOU SHOULD SEEK THE SERVICES OF A COMPETENT PROFESSIONAL.
3. Jurisdictional Issues. The Site and the Services are controlled and operated by MDIB from the United States, and are not intended to subject MDIB to the laws or jurisdiction of any state, country or territory other than that of the United States. MDIB neither represents nor warrants that the Site or the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Moreover, MDIB neither represents nor warrants that the Services or any part thereof may be in compliance or applicable to any state laws in the United States. In choosing to access the Site or Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Site, any MDIB Affiliated Site or the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time. Not all products or services described on the Site or the Services are available in all states or territories.
A. Account Credentials. You are solely responsible in all respects for all use of and for protecting the confidentiality of your unique password. You agree to notify us immediately of any unauthorized use of your password or other credentials for your subscription and any other suspected breach of security regarding the Site. If you discover or believe that your membership has been accessed or used without your authorization, please contact us at firstname.lastname@example.org. MDIB is not liable for and you hereby release MDIB from any liability for any loss or damage arising from the unauthorized use of your password and credentials. You are responsible for all activity on and use of your membership, and you may not assign or otherwise transfer your membership to any other person or entity.
B. Billing and Payment. If you sign up for a paid membership subscription, you agree to pay MDIB all subscription charges associated with the plan you subscribe (“Subscription Fee”) to as described on the Site at the time you subscribe and provide your payment information. If your membership subscription is based on a promotional rate, you will be charged a fee equal to the promotional rate for the duration of the promotion, and, after the expiration of the applicable promotion, you will be charged the applicable rate on the recurring basis as stated on the Site for such membership plan you subscribe. You authorize MDIB, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. MDIB reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. Moreover, MDIB reserves the right to increase, decrease or otherwise alter the Subscription Fee, at its sole discretion and without notice, provided, however, no such changes will go into effect until the next recurring payment is due. All such changes to the Subscription Fee will be applied to the next renewal period of your membership subscription and subject to the automatic subscription renewal, unless otherwise cancelled by you, pursuant to Section 4.D. below.
To the extent MDIB provides additional Services for purchase, and you elect to purchase other Services or product offerings we may offer for a fee, gift a subscription or otherwise donate to MDIB, you authorize MDIB, or its third party payment processor acting on its behalf, to charge your chosen payment provider for the Services and/or products you purchase.
C. Credit Card Payment. We accept the following methods of payment: (1) via check and/or e-check/direct debit and (2) via credit card from the following: Visa, MasterCard, American Express, and Discover. You warrant that you have the necessary rights to use your or your company’s payment card and that you are fully authorized to use it to pay for any online purchase or donation. You also warrant that this card gives access to sufficient funds corresponding to the amount of the purchase and/or donation. Failing this, MDIB reserves the right to cancel the sale.
MDIB uses a secure payment method. Consequently, it cannot be held liable for any fraudulent or improper use of your means of payment, over which we have no control. The credit card details provided when you make a purchase or registration is created are protected, and will be sent through a third-party credit or debit card processing company directly to the bank responsible for managing the payments. We retain none of your credit or debit card account information. Payments are made through a secure server with SSL encryption, in order to guarantee complete transaction security.
D. Automatic Subscription Renewal and Cancellation
MDIB PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL EQUIVALENT PERIOD AS THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE THEN PUBLISHED SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE AT THE TIME OF SUCH RENEWAL. IF YOU SIGN UP FOR A PAYMENT PLAN THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL ITS ORIGINALLY SCHEDULED EXPIRATION DATE.
You agree to pay all fees under this Agreement, including any applicable sales or similar taxes. Except as otherwise specified herein (i) fees are based on the subscription purchased and not actual usage, (ii) payment obligations are noncancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the applicable Term. You will provide MDIB, through its third-party payment processor, with valid and updated credit card information. You authorize MDIB to charge such credit card for the subscription plan for the initial term and any subsequent renewal term. You also authorize MDIB to charge you for any sales or similar taxes that may be imposed on your payments.
E. Refund Policy. Except as set forth in this Agreement or as described on the Site at the time you make a purchase, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. However, MDIB reserves the right to provide refunds or credits if it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account.
5. Rules of Conduct. You must comply with all applicable laws, rules and regulations while accessing or using the Site, MDIB Affiliated Sites and/or Services. In addition, we expect users to respect the rights and dignity of others. Your use of the Site, MDIB Affiliated Sites and/or Services is conditioned upon your compliance with the rules set forth in this section. You must not:
- Post, transmit, or otherwise make available, through or in connection with the Site, MDIB Affiliated Sites or Services,(a) anything that could be (i) threatening, harassing, discriminatory, degrading, hateful or intimidating; (ii) defamatory, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or (iv) related to alcohol, wagering, gambling, tobacco products, ammunition or firearms; (b) anything that could give rise to criminal or civil liability (including any material protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary or other legal obligation), or that encourages conduct that would constitute a criminal offense; (c) any virus, worm, Trojan horse, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;(d) any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity or other form of solicitation; or (e) any material, non-public information about a company or any securities or other financial instrument, without the proper authorization to do so.
- Use the Site, MDIB Affiliated Sites or Services (a) to defame, abuse, harass, stalk, threaten, harvest or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity; (b) to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or state or imply that we endorse any of your statements or Submissions (as defined below); or (c) for any other fraudulent or unlawful purpose.
- Interfere with or disrupt the operation of the Site or Services or the servers or networks used to make the Site or Services available (including by taking any action that imposes an unreasonable or disproportionately large load upon the Site or in connection with the Services or upon such servers or networks) or violate any requirements, procedures, policies or regulations of such servers or networks.
- Restrict or inhibit any other person from using the Site or Services (including by hacking or defacing the Site).
- Use the Site or Services to advertise or offer to sell or buy any goods or services.
- License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Site or Services or any access to or use of the Site or Services.
- Modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the Site or Services.
- Remove any copyright, trademark or other proprietary rights notice from the Site or Services or any materials available through the Site or Services.
- Frame or mirror any part of the Site or Services without MDIB’s express prior written consent.
- Systematically download or store content from the Site or Services.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content of the Site or in connection with the Services or reproduce or circumvent the navigational structure or presentation of the Site or Services without MDIB’s express prior written consent. Notwithstanding the foregoing, MDIB grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MDIB reserves the right to revoke these exceptions either generally or in specific cases.
Additionally, the MDIB Affiliated Sites are subject to the following community rules (“Community Rules”) which also govern your use of the MDIB Affiliated Sites and your interactions with groups and other members through such MDIB Affiliated Site:
Community Rules for MDIB Affiliated Sites, including, without limitation MDIB’s Facebook® Group(s):
- Please make your introduction to the group and tell us about your practice and family. You have 7 days from the welcome post to do so, and if we don’t hear from you will assume you are not active and will remove you.
- Please receive consent if posting clinical information about patients.
- Please refrain from negative and condescending comments.
- Remember that there are all professional levels here in the group as in experience and ownership of businesses.
- This is not a place for “selling products or services”. No Soliciting, no raffles, fundraisers, auctions, contests, MLM’s, asking for donations, etc…Do not solicit admins or members. The exception is #SidehustleSaturday.
- NO POLITICS or Political comments
- Screenshots of members’ comments and posts may not be shared to another Facebook® group or anywhere on the web. If you are caught, you will be permanently removed and if you are a paid member, there will be no refunds. Screenshots from other groups into MDIB is also prohibited.
- If you are not active in the group, we may remove you after 3-6 months. You don’t have to post or comment but at least “like” something once in a while! Pay it forward!
- No unprofessional behavior such as threats and name calling in the group or on instant messenger that gets forwarded to admin. All parties involved will be removed.
- If you do not make an intro and are removed and want to be added back, there is a $10 admin fee.
- If you decide to leave for whatever reason there is no guarantee you will be added back.
- We reserve the right to remove anyone at anytime.
6. Forums. We and our service providers may make available through the Site, the MDIB Affiliated Sites or Services certain services (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality, among other services) to which you are able to post information and materials (each, a “Forum”).
Information contained in Forums may be provided by employees of MDIB as well as by third-party visitors to the Site, MDIB Affiliated Sites or Services. Please note that visitors to the Forums may post messages or make statements in the Forums that are inaccurate, misleading or deceptive. MDIB and its directors, officers, employees, representatives, affiliates, licensors and service providers (collectively, with MDIB, the “MDIB Entities”) neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, the MDIB Entities are not responsible for any information or materials made available through the Forums (including errors or omissions in Forum postings or links or images embedded in Forum postings) or results obtained by using any such information or materials. Under no circumstances will the MDIB Entities be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of MDIB.
In addition, the MDIB Entities have no control over, and shall have no liability for, any damages resulting from the use (including republication) or misuse by any third party information voluntarily made public through a Forum or any other part of the Site or Services. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE SITE OR SERVICES, YOU DO SO AT YOUR OWN RISK.
7. Submissions. The Site, MDIB Affiliated Sites or Services may make available certain functionality (including Forums and e-mail addresses) through which you are able to post, send or make available information and materials (each, a “Submission”). For purposes of clarity, you retain any ownership rights that you may have in any of the Submissions that you post, subject to the terms and conditions of this Agreement. For each Submission that you make available through or in connection with the Site, MDIB Affiliated Site or Services, you hereby grant to us a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Submission, in any format or media now known or here after developed, and for any purpose (including promotional purposes, such as displaying a user comment on the front page of the Site or Services as a testimonial), and you hereby represent and warrant that you have all necessary rights to grant the foregoing license. We may use Submissions for any purpose whatsoever without compensation to you or any other person. You are and remain responsible and liable for the content of any Submission.
8. Feedback. Unless we expressly agree otherwise in writing, if you provide us with any ideas, proposals, suggestions or materials (including training materials) (“Feedback”), whether related to the Site, the Services or otherwise, you hereby acknowledge and agree that (a) your provision of any Feedback is gratuitous, unsolicited and without restriction and does not place MDIB under any fiduciary or other obligation; and (b) any Feedback is not confidential and MDIB has no confidentiality obligations with respect to such Feedback. Without limiting the foregoing, you agree that all Feedback shall be and remain the exclusive property of MDIB and we may use all Feedback, all without notice to, consent from, or compensation to you.
9. Monitoring. We may (but have no obligation to) monitor, evaluate or alter Submissions, postings or other content submitted by users of the Site of MDIB Affiliated Sites before or after they appear on the Site, Affiliated Sites or in connection with the Services. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose. Further, in the event that an inappropriate posting is brought to the attention of MDIB, the company will take all appropriate action necessary, including but not limited to, removal of the posting and/or member of the group. In addition, we may terminate, in our sole discretion, your use of the Site, MDIB Affiliated Sites or Services for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct and Community Rules set forth above. You understand that if your paid membership is terminated for violation of this Agreement, including the Rules of Conduct and Community Rules, no refund of your subscription fees will be issued.
10. Intellectual Property and Proprietary Rights.
A. Technology. The Site, Services, and entire contents, features and functionality, including but not limited to, the information, software, hardware, databases, data, digital newsletters, magazines, guides and articles, blogs, podcasts, webinars, educational materials, forms, and underlying information, text, displays, user interfaces, images, video and audio, and the design, selection and arrangement thereof (collectively, “Technology”) is owned by, or licensed to, MDIB and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
MDIB hereby grants you a personal, non-exclusive, non-transferable, limited license to access and use the Technology, and the intellectual property embodied in the Technology solely as provided to you by MKDIB and solely in connection with and solely during the term of your use of the Site and Services; provided that certain portions of the Site are restricted to those persons who have been assigned passwords by MDIB or its designees. Such license and this Agreement permit you to use the Site for your use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site and Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- To the extent we link to social media networks in connection with the Website, e.g., Facebook, Google +, Pinterest, Twitter, LinkedIn and other social media networks, you may take such actions as are enabled by such features.
You must not:
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of this Agreement, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by MDIB.
B. Trademarks. MDIB, MOMMY DENTISTS IN BUSINESS, and MOMMY DENTISTS IN BUSINESS logo, and all related trademarks, service marks names, logos, product and service names, designs and slogans are trademarks of MDIB. In addition, the names of other companies and products mentioned on the Site and/or third party trade names and logos displayed on the Site may be the trademarks of their respective owners. Nothing contained on the Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any MDIB trademark or third party trademarks displayed on the Site without the written permission of MDIB or such third party that may own or holds the right, title and interest in other trademarks displayed on the Site.
C. Copyright Policy. MDIB respects the copyrights of third parties. You may not use the Site or any MIDB Affiliated Site to post, modify, distribute, or reproduce any copyrighted works without authorization or to otherwise infringe the copyrights of a third party. It is our policy to terminate the accounts of users who repeatedly infringe the copyrights of others upon receipt of proper notification by the copyright owner or its legal agent. If you believe that your copyrighted work has been posted or used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent (defined below) with written notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (ii) identification of the copyrighted work (or in the case of multiple works, a representative list of such works) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and the location of that material; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright interest that allegedly is infringed. Our “Copyright Agent” for notice of claims of copyright infringement may be reached by mail at: Attn: Copyright Agent, 1242-44 N. Milwaukee Ave. Chicago, IL 60622 or by email toL email@example.com.
11. Accuracy of Information; Products, Content and Specifications. We attempt to ensure that information provided on or in connection with the Site or Services is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or currentness of such information, including all descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site or Services. Such information is also subject to change at any time without notice. Descriptions and images of, and references to, third-party products or services available in connection with the Site or Services do not imply MDIB’s endorsement of such third-party products or services. The inclusion of any products or services on the Site or Services at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site or in connection with the Services.
13. DISCLAIMER OF WARRANTIES. THE SITE, SERVICES AND ANY GOODS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE OR SERVICES. THE MDIB ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, SERVICES AND ANY GOODS OBTAINED OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.
MDIB AND OUR SUPPLIERS OR PROVIDERS DO NOT WARRANT THAT THE MDIB SITE WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, OR NEEDS, OR OPERATE UNINTERRUPTED, TIMELY, SECURELY, OR WITHOUT ERROR. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE MDIB SITE WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, SAFE, OR FREE OF MALWARE OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR EMPLOYEES, PROVIDERS, OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO; THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT.
14. LIMITATION OF LIABILITY. THE MDIB ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE MDIB ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES, OR FROM ANY CONTENT POSTED ON THE SITE OR MDIB AFFILAITED SITES OR IN CONNECTION WITH THE SERVICES BY MDIB OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, MDIB AFFILIATED SITES OR SERVICES IS TO STOP USING THE SITE, AFFILIATED SITES OR SERVICES. THE MAXIMUM LIABILITY OF MDIB FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO MDIB TO ACCESS AND USE THE SITE OR SERVICES DURING THE PRIOR TWELVE MONTH TERM.
While we try to maintain the integrity and security of the Site and Services and the servers from which the Site and Services are operated, we do not guarantee that the Site or Services will be or remain secure, complete or correct, or that access to the Site or Services will be uninterrupted. The Site or Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site or Services. If you become aware of any unauthorized third party alteration to the Site or Services, contact us at firstname.lastname@example.org with a description of the material(s) at issue and the URL or location on the Site or Services where such material(s) appear.
15. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless each of the MDIB Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or Services; (b) any violation or alleged violation of this Agreement by you; (c) your violation of any rights of a third party, including privacy rights and, without limitation, any trademark, copyright, patent, trade secret, or other intellectual property or proprietary rights including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing; or (d) your violation of any applicable laws or regulations.
16. Termination. This Agreement is effective until terminated. MDIB may terminate your access to or use of the Site or Services, at any time and for any reason, including if MDIB believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to access or use the Site, MDIB Affiliated Sites or Services will immediately cease. You agree that any termination of your access to or use of the Site, MDIB Affiliated Sites or Services may be effected without prior notice, and that MDIB may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that MDIB shall not be liable to you or any third party for any termination of your access to the Site or Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
17. Governing Law and Arbitration. This Agreement is governed by the laws of the State of Illinois, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND MDIB, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF THIS SITE OR SERVICES, YOU AGREE THAT YOU AND MDIB ARE EACH WAIVING OUR RIGHT TO TRIAL BY A JURY. BY YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in Cook County, State of Illinois, U.S.A. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
18. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to email@example.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
19. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site or Services, please contact us by writing to: Dr. Grace Yum, Founder, 1242-44 N. Milwaukee Ave. Chicago, IL 60622 773-799-4511. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210.
B. Data Breach. While MDIB employs security measures to maintain data security, data breaches can occasionally happen, even to the most secure of systems. In the event of such a situation, MDIB will, in compliance with any applicable federal and state data breach laws, endeavor to timely notify all users whose personal information MDIB knows or has irrefutable reason to believe was accessed by an unauthorized person.
C. Force Majeure. You agree that we are not responsible to you for anything that MDIB may otherwise be responsible for if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, or shortage of materials.
D. Assignment. You may not assign your rights or obligations under this Agreement to any other party without our prior written consent. We may assign our rights or obligations under this Agreement to any other party at our sole discretion.
E. Entire Agreement. Unless we later reach some other separate agreement with you, this Agreement constitutes the complete and exclusive agreement between us regarding your access to and use of our Site and Services. This Agreement supersede any prior agreements, proposals, or communications, oral or written, between you and MDIB relating to your use of our Services.
F. Severability. In the event that a provision of this Agreement is found to be unlawful, in conflict with another provision in the Agreement, or otherwise unenforceable, the remainder of the Agreement will continue to be enforceable as though it had been entered into without the unenforceable provisions being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, MDIB has the sole right to decide which provision remains in force.
G. Non-Waiver. We reserve all rights permitted to us under this Agreement as well as under any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or of any applicable law shall not be construed as a waiver of our right to enforce that same provision or provisions under the same or different circumstances at any time in the future.
H. Notice Regarding Amendments to the Terms of Service. To best keep you informed regarding any amendments, changes, or revisions to the Agreement, we may provide you with notices through email, postings on the Site, or other notification methods. Your continued use of the Site after the publication of such amendments constitutes your acceptance of our amended Agreement.