Terms & Conditions for Advertisers
Last revised: February 1, 2004
YOU ACKNOWLEDGE AND AGREE THAT BY SUBSCRIBING TO THE SERVICE, YOU ARE CONSENTING TO AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES OF THE SERVICE THAT ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS BELOW.
1. CONDITIONS FOR ADVERTISING, PAYMENT AND CANCELLATION
1.1 Dentists.com shall provide Advertiser with a price list of all available advertising types upon inquiry or request. Advertiser shall be liable for all charges that accrue based on the price list provided to Advertiser. Until payment is received, Advertisers agree that the price may change without notice. Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity.
1.2 Payment may take place with credit/debit/charge card using secure payment system or, upon special arrangement, by check or wire transfer to the account designated by Dentists.com. Credit/debit/charge card will be charged periodically, depending on the payment option selected by Advertiser at the time credit/debit/charge card information was received. All fees paid are nonrefundable.
1.3 Advertiser may not use the Service in order to transmit, distribute, store or destroy material in violation of any applicable law or regulation, including without limitation Web Site Content, copyrights, trademarks, trade secrets or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others. Dentists.com reserve the right to restrict, suspend, or terminate Advertiser's access to all or any part of the system at any time, for any or no reason, with or without prior notice, and without liability.
1.4 By submitting advertising to Dentists.com, Advertiser grants Dentists.com the right to reproduce, publish, display and distribute advertising, free of charge, on other sites. If you wish to opt out from providing Dentists.com such additional rights, e-mail Dentists.com using a form on "Contact Us" page and provide all the information.
1.5 Advertiser acknowledges and agrees that Dentists.com may disclose Advertiser Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Advertiser Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Application Provider, Publisher, Users and the public.
1.6 Advertiser may terminate subscription by providing written notification to Dentists.com of its intent to terminate via e-mail using a form on "Contact Us" page or via facsimile to 201-886-1382. Written notification of termination must be received by Dentists.com no less than 5 business days prior to the next billing period to be effective on the last day of the current billing period.
2. REPRESENTATIONS AND WARRANTIES
2.1 Advertiser hereby represents and warrants that Advertiser is authorized to publish Advertiser Content and further represents, that the contents are not unlawful, do not infringe the rights of any person or entity and that the Advertiser has obtained all necessary permission or releases to display the Content.
2.2 Advertiser acknowledges and agrees that Dentists.com makes no guarantee regarding the levels of impressions or clicks of any content displayed. Advertiser further acknowledges that Dentists.com is not responsible for screening or monitoring material posted by Users. Dentists.com do not warrant or make any representations regarding the use or the results of the use of the materials posted in terms of their correctness, accuracy, timeliness, reliability or otherwise.
3. NO WARRANTY
ADVERTISER ACKNOWLEDGES THAT ADVERTISER IS USING THE SERVICE AT ADVERTISER'S OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND PUBLISHER, APPLICATION PROVIDER, THEIR AFFILIATES, PARTNERS AND THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. PUBLISHER, ITS AFFILIATES, PARTNERS AND THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ADVERTISER FROM SERVICE PROVIDER THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
4. LIMITATIONS OF LIABILITY
PUBLISHER, APPLICATION PROVIDER, THEIR OFFICERS, DIRECTORS, AGENTS, ADVISORS, AFFILIATES, PARTNERS AND THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO ADVERTISER OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, ADVERTISER'S ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, ADVERTISER'S USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADVERTISER ACKNOWLEDGES THAT, DUE TO THE NATURE OF THE INTERNET, PUBLISHER, ITS AFFILIATES, PARTNERS AND THIRD-PARTY SERVICE PROVIDERS CAN ASSUME NO LIABILITY FOR UNAUTHORIZED COPYING OF BLOGADS CONTENT BY USERS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO ADVERTISER. ADVERTISER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
ADVERTISER HEREBY AGREES TO RELEASE PUBLISHER, APPLICATION PROVIDER, THEIR AFFILIATES, PARTNERS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH ADVERTISER'S USE OF THIS SITE. IF ADVERTISER IS A CALIFORNIA RESIDENT, ADVERTISER WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR" .
6.1 This Agreement shall be governed in all respects by the laws of New Jersey and the parties agree to submit to the non-exclusive jurisdiction of the New Jersey courts.
6.2 Unless otherwise noted in this Agreement, all correspondence should be sent to the Publisher via a form on "Contact Us" page on Dentists.com web site.
6.3 Unless, otherwise directed by Advertiser in writing, Dentists.com may, even after termination of this Agreement, retain and store all Advertiser information, including but not limited to Ads, URLs, contact and billing information.
6.4 All prices and terms are subject to change.