TERMS AND CONDITIONS
The following Terms and Conditions govern your use of this website and the websites of any programs or affiliates of Half Dental Franchise LLC. (collectively, the “Website”) and the materials accessible on or from the Website. The Website is provided as a service to customers of Half Dental Franchise LLC. (“Half Dental”) and may be used for informational purposes only. By accessing or browsing the Website or other websites through links provided on the Website (“Other Sites”), or by downloading any materials from the Website or any of the Other Sites, you agree to be bound by the Terms and Conditions contained or referenced herein (the “Terms and Conditions”). If you do not agree to these Terms and Conditions, please do not access or use the Website or the Other Sites. Half Dental reserves the right, at its discretion, to update or revise the Terms and Conditions. You are bound by any such revisions and should therefore periodically check the Terms and Conditions for changes. Your continued use of the Website or the Other Sites following the posting of any changes to the Terms and Conditions constitutes your acceptance of those changes.
Agreement to Rules of User Conduct. You hereby agree to abide by the Half Dental Rules of User Conduct, including but not limited to, agreeing not to use the Website or the Other Sites for any unlawful purpose. A copy of the Rules of User Conduct, which you should review, can be found below.
Proprietary Rights. You hereby acknowledge and agree that all content and materials available on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Half Dental, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Specific provisions of the Terms and Conditions regarding copyright, trademarks and linking appear directly below.
Copyright. The information on the Website, including, without limitation, all design, text, images, press releases, the “look and feel” attributes of the Website and other information, is protected under United States and other copyright laws and is owned by Half Dental or its affiliates or used under license from the copyright owner. The information may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in party in any manner without Half Dental’ prior written consent, except for your own personal and noncommercial use, provided any copies include the copyright and other notice displayed with the materials on the Website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Half Dental. Half Dental neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Half Dental. Any unauthorized use of any materials on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are advised that Half Dental will aggressively enforce its intellectual property rights on the fullest extent of the law, including the seeking of civil damages, penalties, injunctive relief and, if permissible, criminal prosecution.
Trademarks. The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are trademarks of Half Dental and its affiliates. Nothing contained on the Website should be construed as granting any license or right to use any of the Trademarks without the written permission of Half Dental. Unauthorized use of any of the Trademarks is strictly prohibited.
Linking. Notwithstanding the foregoing paragraphs, your are granted a limited, nonexclusive right to create a hyperlink to the Website provided (i) you do not remove or obscure the copyright notice or other notices on the Website, (ii) such link does not portray Half Dental or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, (iii) you give Half Dental notice of such link by calling 702-876-2525 and sending an e-mail from our home page and (iv) you immediately discontinue providing a link to the Website if so requested by Half Dental or its affiliates. You may not use a Half Dental logo or other proprietary graphic or trademark of Half Dental to link to the Website without the express written permission of Half Dental. Half Dental reserves the right to revoke this license to create a hyperlink to the Website generally, or your right to use specific links, at any time. Under no circumstances may you “frame” the Website or any of its content or copy portions of the Website to a server. Each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), with all accompanying frames, borders, margins, designs, branding, trademarks, advertising and promotional materials originally displayed on the page within the Website.
This Website has been prepared for the purpose of providing information about Half Dental and its affiliates and the goods and services they provide. This Website is also intended to provide certain services to the customers of Half Dental. The information contained on the Website has been compiled and provided by Half Dental in good faith.
DISCLAIMER. HOWEVER, NEITHER HALF DENTAL NOR ITS AFFILIATES MAKE ANY GUARANTY, REPRESENTATION OR WARRANTY ABOUT THE COMPLETENESS, CORRECTNESS, RELIABILITY OR ACCURACY OF THE INFORMATION CONTAINED ON THE WEBSITE. THE WEBSITE, INCLUDING ALL INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED THEREIN, IS PROVIDED “AS IS” AND WITHOUT ANY GUARANTY, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. HALF DENTAL AND ITS AFFILIATES HEREBY DISCLAIM,
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, ALL GUARANTEES, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND ITS CONTENTS AND OPERATION AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NEITHER HALF DENTAL NOR ITS AFFILIATES WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) ON WHICH THIS WEBSITE IS LOCATED ARE FREE, OR WILL BE FREE, OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
THE INCLUSION IN THE WEBSITE OF ANY LINKS TO WEBSITES MAINTAINED AND OPERATED BY THIRD PARTIES IS FOR THE USER’S CONVENIENCE ONLY AND DOES NOT IMPLY ANY ENDORSEMENT OF THE MATERIAL ON THOSE WEBSITES. HALF DENTAL IS NOT RESPONSIBLE FOR THE CONTENT AND PERFORMANCE OF THOSE WEBSITES, FOR YOUR USE OF THEM OR FOR ANY TRANSACTIONS YOU MAY CONDUCT WITH THEM.
LIMITATION OF LIABILITY. IN NO EVENT (EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW) SHALL HALF DENTAL OR ITS AFFILIATES, SUPPLIERS OR VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM THE USE OF OR ACCESS TO THE WEBSITE OR FOR ANY GOODS OR SERVICES OBTAINED ON THE WEBSITE, EVEN IF HALF DENTAL OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OR OTHERWISE KNOWS OF THE POSSIBILITY OF SUCH DAMAGES.
The information contained on this Website is for informational purposes only and should not be used to diagnose health problems or to prescribe any medication, medical devices or other remedies. The information on this Website may be presented in conclusory, shorthand or summary form, should not be relied upon to suggest a course of treatment for a particular individual, and is not intended to supplant medical advice provided by your own physician or other healthcare provider or any information included by the manufacturer with or on any product. You should never disregard medical advice or delay in seeking it because of something you have read on this Website.
YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER OF YOUR OWN CHOICE AND CAREFULLY READ ALL PACKAGING AND OTHER INFORMATION PROVIDED BY THE MANUFACTURER OF ANY MEDICAL PRODUCTS OR DEVICES BEFORE USING THEM.
Governing Law and Jurisdiction. The laws of the State of Nevada (exclusive of its choice of law principles) will apply to all matters relating the use of the Website. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to submit to the exclusive personal jurisdiction and venue of the Courts of Clark County in Nevada and to the United States District Court for the Central District of Nevada, to the exclusion of all other venues and jurisdictions, for any and all causes of action which may arise from the use of the Website.
Violations. Half Dental reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Website.
Viruses. Because of the marked increase in the fabrication and proliferation of computer viruses affecting the Internet, we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. We are not responsible or liable for any damage caused by such hazards.
Security. We welcome your e-mail and other electronic correspondence. However, Internet and e-mail communications may not be secure or confidential. You hereby acknowledge that it is possible that information transmitted to us may be read or obtained by other parties.
Indemnification. You hereby agree, upon a request by Half Dental, to defend, indemnify, and hold harmless Half Dental and its affiliates, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Website. Half Dental reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Half Dental in asserting any available defenses.
Content. Statements made in the Website, Other Sites, newsgroups, message boards, e-mail, forums, conferences and chat rooms reflect only the views of their authors and do not necessarily reflect those of Half Dental.
Licenses and Idea Submissions. You hereby grant to Half Dental a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Website (such as forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against Half Dental for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
Third Party Rights. The Disclaimer, Limitation of Liability and Indemnification provisions of these Terms and Conditions are for the benefit of Half Dental, its affiliates, and the officers, directors, employees, agents, licensors, suppliers, and information providers of Half Dental and its affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
International Use. Half Dental makes no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws.
Limited License. By this Agreement, Half Dental grants, subject to the terms of these Terms and Conditions, only a limited, non-transferable and non-exclusive license to use the materials on the Website in a manner consistent with this Agreement.
Severability and Integration. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and Half Dental with respect to the Website and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Half Dental with respect to the Website. If any part of these Terms and Conditions are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Half Dental, and the remaining portions shall remain in full force and effect.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THE SITE.IN NO EVENT SHALL HALF DENTAL, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE.
Notices and Procedure for Making Claims of Copyright Infringement. All inquiries not relevant to the following procedure will not receive a response. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting Half Dental’ agent for copyright matters (identified below) and providing the following information:
Half Dental’ agent for copyright matters relating to the Website is as follows:
Half Dental Inc.
780 N. 2860 E
St. George, UT 84790
Termination. Half Dental reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without notice.
or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
You also agree that you will not harvest or collect information about the users or members of the Website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.
Half Dental and its agents have the right, at their sole discretion, to refuse to post, or to remove, any content that, in Half Dental’ judgment, does not comply with these Rules of User Conduct or any of the Terms and Conditions, or is otherwise harmful, objectionable, or inaccurate. Half Dental is not responsible for any failure or delay in removing such content.