 |
TERMS AND CONDITIONS
Please Read These Terms And Conditions Of Use Carefully Before Using This Site. By using this site, you signify your assent
to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, leave immediately and do not use this
site! Under Dog Media, LP, publisher of OrthoTADS.com website ("the Site"), may revise and update these Terms and Conditions at any time.
Your continued usage of the Site means that you accept those changes.
THE SITE DOES NOT PROVIDE MEDICAL/DENTAL ADVICE
The contents of the Site, such as text, graphics, images, files, audio and video works, information obtained from OrthoTADS.com's licensors,
and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for
professional medical/dental advice, diagnosis, or treatment. Always seek the advice of your physician, dentist, or other qualified health provider
with any questions you may have regarding a medical/dental condition. Never disregard professional medical/dental advice or delay in seeking it because
of something you have read on the OrthoTADS.com Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Under Dog Media, LP, does not recommend or endorse any specific tests,
physicians, dentists, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Under Dog Media,
LP, Under Dog Media, LP, employees, or others appearing on the Site at the invitation of Under Dog Media, LP, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical/dental-related materials that are graphic. If you find these materials offensive, you may not want to use the Site.
USE OF CONTENT
Under Dog Media, LP, authorizes you to view a single copy of the material on the OrthoTADS.com Site solely for your personal, noncommercial use. Any special rules for the use
of certain software and other items accessible on the OrthoTADS.com Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content on this Site is for personal, non-commercial use, of persons with authorized access to this Site. The Content may not be copied, sold, framed, linked, directly or indirectly
published, rewritten for broadcast, communication or publication or redistributed in any medium without the prior written permission of Under Dog Media, LP. No Content may be stored in any
electronic or other archival system except for the personal, non-commercial use of persons with the express authority to access this Site.
The Terms of Use are effective until terminated by Under Dog Media, LP, and Under Dog Media, LP, may terminate this agreement and your access to the OrthoTADS.com Site at any time without notice.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
In the event of termination, you are no longer authorized to access the OrthoTADS.com Site, but all restrictions imposed on you, licenses granted by you and all Under Dog Media, LP, disclaimers and
limitations of liability set out in the Terms of Use will survive.
ORTHOTADS.COM WEB SITE PROPRIETARY NOTICES
The Content of this Site (including all software, files, text, displays, images, and audio/video works) are proprietary to Under Dog Media, LP, or its Content Providers and are protected by copyright laws
of the United States and other countries. The compilation of all materials on this Site is the exclusive property of Under Dog Media, LP, and protected by the copyright laws of the United States and other
countries. Any reproduction, distribution, public performance, or public display of these materials, in whole or in part, is prohibited without the express prior written permission of Under Dog Media, LP,
or as expressly permitted in the Terms of Use.
OrthoTADS.com, and the associated logos, and other marks clearly identified in the OrthoTADS.com Site as OrthoTADS.com's are Under Dog Media, LP, trademarks. You may not use OrthoTADS.com marks without Under
Dog Media, LP, written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
Title to the Content remains with Under Dog Media, LP, or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate
copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Under Dog Media, LP. All rights not expressly granted herein are
reserved to Under Dog Media, LP, and its licensors.
LIABILITY OF UNDER DOG MEDIA, LP, AND ITS LICENSORS
The use of the OrthoTADS.com Site and the Content is at your own risk. When using the OrthoTADS.com Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Under Dog
Media, LP, or any of its suppliers. Accordingly, Under Dog Media, LP, assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the OrthoTADS.com Site.
The OrthoTADS.com Site and the Content are provided on an "as is" basis. UNDER DOG MEDIA, LP, IT'S LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Under Dog Media, LP, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, files, graphics, links, or communications provided on or through the use of the OrthoTADS.com Site or Under Dog Media, LP.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the OrthoTADS.com Site.
In no event shall Under Dog Media, LP, its licensors, its suppliers, or any third parties mentioned on the OrthoTADS.com Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost
data or business interruption) resulting from the use of or inability to use the OrthoTADS.com Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Under Dog Media, LP, its licensors, its suppliers, or any third parties mentioned on the OrthoTADS.com Site
are advised of the possibility of such damages. Notwithstanding the foregoing, in the event of a finding of liability by a court or other entity with jurisdiction over the parties, Under Dog Media, LP, its licensors, its suppliers, or any third parties mentioned on the OrthoTADS.com Site shall not be liable for any
actual damages incurred by you, exceeding U.S. $1000. Under Dog Media, LP, its licensors, its suppliers, or any third parties mentioned on the OrthoTADS.com Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising
in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
PASSWORDS
Under Dog Media, LP, may provide one or more tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your OrthoTADS.com passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of
activation codes and passwords; (2) authorize, monitor, and control access to and use of your OrthoTADS.com account and password; (3) promptly inform OrthoTADS.com of any need to deactivate a password. You grant Under Dog Media, LP, and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Under Dog Media, LP, cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using OrthoTADS.com tools and services.
USER SUBMISSIONS AND MEMBER TO MEMBER AREAS ("PUBLIC AREAS")
The personal information you submit to the OrthoTADS.com Site is governed by the Under Dog Media, LP, Privacy Policy. To the extent there is an inconsistency between this Agreement and the Under Dog Media, LP, Privacy Policy, this Agreement shall govern.
The OrthoTADS.com Site may contain case presentation boards, clinical forums, and other discussion boards, which provide for feedback by users of the OrthoTADS.com Site, and other electronic boards and notice services ("Public Areas"). The Public Areas contains information and queries posted by general users of the OrthoTADS.com Site and is open to anyone with access to the OrthoTADS.com Site regardless of their qualifications, knowledge, or experience.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, Ask The Expert postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission, You agree that you will not send or transmit to the OrthoTADS.com Site by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to the OrthoTADS.com Site by email, you agree such submission is non-confidential for all purposes.
If you use a Public Area, such as a chat room, bulletin board or community, Ask The Expert posting, or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Under Dog Media, LP, and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical/dental emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using a Public Area for any purpose in violation of local, state, national, or international laws.
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others.
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
- Posting advertisements or solicitations of business.
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form).
- Posting chain letters or pyramid schemes.
- Impersonating another person.
- Distributing viruses or other harmful computer code.
- Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments without their consent.
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or "spamming."
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site.
- Post or transmit any material of any kind which contains a virus or other harmful component.
- Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
- Download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
Under Dog Media, LP, reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public chat rooms.
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user's access to any or all Public Areas and/or the OrthoTADS.com Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the OrthoTADS.com Site, regardless of whether such communication(s) violate these standards.
Under Dog Media, LP, or its licensors have no liability or responsibility to users of the OrthoTADS.com Site or any other person or entity for performance or nonperformance of the aforementioned activities
Under Dog Media, LP, may from time to time (but is not obligated to) monitor or review the contents of its Public Areas. While Under Dog Media, LP, reserves its right to edit, refuse to post, or to remove any information and/or materials (in whole or in part)
that in Under Dog Media, LP, sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, Under Dog Media, LP, has no obligation whatsoever to monitor any Communication Facility or to edit, delete, or refuse to post such contents,
nor is Under Dog Media, LP, responsible for any contents in any Public Areas (including any information, comments, and/or advice of any individual referred to as guest or expert whose statements on the OrthoTADS.com Site are solely their own). You expressly acknowledge and agree that the Public Areas provide a means of public and not private communications.
Under Dog Media, LP, reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
By placing any information or other material on the OrthoTADS.com Site (including posting messages, uploading files, inputting data, or engaging in any other form of communication), you grant to Under Dog Media, LP, a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:
- use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
- sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark, or patent laws under any jurisdiction worldwide. You expressly waive in favor of Under Dog Media, LP, and any other party authorized by Under Dog Media, LP, all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Under Dog Media, LP, you will execute and deliver to Under Dog Media, LP, such instruments and take such other actions as may be required to carry out this grant of license and waiver.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to the OrthoTADS.com Site by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted- Under Dog Media, LP, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Under Dog Media, LP, may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to the OrthoTADS.com Site by email. We try to answer every email in a timely manner, but are not always able to do so.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES
Under Dog Media, LP, may provide links to third-party web sites. Under Dog Media, LP, also may select certain sites as priority responses to search terms you enter and Under Dog Media, LP, may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Under Dog Media, LP, does not recommend and does not endorse the content on any third-party websites. Under Dog Media, LP, is not responsible for the content of linked third-party sites, sites framed within the OrthoTADS.com Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Under Dog Media, LP, does not endorse any product advertised on the OrthoTADS.com Site.
INDEMNITY
You agree to defend, indemnify, and hold Under Dog Media, LP, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
GENERAL
Under Dog Media, LP, is based in Dallas, Texas, in the United States of America. Under Dog Media, LP, makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the OrthoTADS.com Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with Under Dog Media, LP, or in any way relating to your use of the OrthoTADS.com Site, resides in the state county and district courts of Dallas County, Texas. And you further agree and expressly consent to the exercise of personal jurisdiction in the state, county, and district courts of Dallas County, Texas, in connection with any such dispute including any claim involving Under Dog Media, LP, or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
TRADEMARKS OF UNDER DOG MEDIA, LP, AND ITS AFFILIATES
The trademarks listed below are trademarks of Under Dog Media, LP, or its affiliates (as indicated). All other trademarks displayed on the OrthoTADS.com Site are trademarks of their respective owners. Nothing contained on the OrthoTADS.com Site should be construed as granting any license or right of use of any trademark displayed on the site without the express written permission of Under Dog Media, LP, the relevant Under Dog Media, LP, affiliate or third-party owner. Some of the logos listed below may be available to you to place on your own website as a hyperlink to the relevant OrthoTADS.com website, but such use requires the express written authorization of Under Dog Media, LP, or the relevant affiliate, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.
Under Dog Media, LP: OrthoTADS.com, the OrthoTADS.com logo, and all pictures and images.
NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT:
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting the Under Dog Media, LP, copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
The Under Dog Media, LP, agent for copyright issues relating to this web site can be contacted at:
Under Dog Media, LP,
Copyright Affairs
7015 Snider Plaza, Suite 200
Dallas, Texas 75205
(214) 378-5555
In an effort to protect the rights of copyright owners, Under Dog Media, LP, maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
COMPLETE AGREEMENT
Except as expressly provided in a particular "legal notice" on the OrthoTADS.com Site, these Terms and Conditions and the Under Dog Media, LP, Privacy Policy and Agreement constitute the entire agreement between you and Under Dog Media, LP, with respect to the use of the OrthoTADS.com Site, and Content.
Thank you for your cooperation. We hope you find the OrthoTADS.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form, webmaster@orthotads.com, or via U.S. mail to Under Dog Media, LP. We try to answer every email in a timely manner but are not always able to do so.
Revised March 1, 2005
© 2005 Under Dog Media, LP. All rights reserved.
|
 |