WEB SITE TERMS AND CONDITIONS OF USE
Please Read These Terms And Conditions Of Use Carefully Before Using This Site.
THE SITE IS INTENDED FOR MEDICAL AND DENTAL PROFESSIONALS ONLY
User states that he or she is a dental/medical professional, such as a Doctor of Dental Surgery (DDS) or medical doctor (MD) or other such medical professional and over eighteen years of age.
THE SITE DOES NOT PROVIDE MEDICAL OR DENTAL ADVICE
The contents of the Site, such as text, graphics, images, files, audio and video works, information obtained from the Site'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 Site.
If you think you may have a medical emergency, call your health care provider or 911 immediately. Under Dog 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, Under Dog employees, or others appearing on the Site at the invitation of Under Dog or other visitors to the Site is solely at your own risk.
USE OF CONTENT
Under Dog authorizes you to view a single copy of the material on the Site solely for your personal, noncommercial use. Any special rules for the use of certain software and other items accessible on the 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. No Content may be stored in any electronic or other archival system without Under Dog's expressed written permission.
GRAPHIC NATURE OF CONTENT
The Site may contain health or medical/dental-related materials that are graphic. If you find these materials offensive, you should not use the Site.
ACCURACY OF INFORMATION
Under Dog does not represent or warrant that the material comprised on this site is completely accurate or up to date and Under Dog should have no liability in respect of such material or for any use of any such information by any person. Any information regarding availability is subject to publisher's stock levels.
LIABILITY OF UNDER DOG MEDIA, LP, AND ITS LICENSORS
THE USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Under Dog or any of its suppliers. Accordingly, Under Dog 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 Site.
THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. UNDER DOG, 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, 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 Site or Under Dog.
* 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 Site.
In no event shall Under Dog, its licensors, its suppliers, or any third parties mentioned on the 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 Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Under Dog, its licensors, its suppliers, or any third parties mentioned on the 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, its licensors, its suppliers, or any third parties mentioned on the Site shall not be liable for any actual damages incurred by you, exceeding U.S. $1000. Under Dog, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or its Content. 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.
Under Dog 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 www.UnderDogMedia.us 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 www.UnderDogMedia.us account and password; (3) promptly inform www.UnderDogMedia.us of any need to deactivate a password. You grant Under Dog 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 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 www.UnderDogMedia.us tools and services.
POSTING OF INFORMATION TO THE SITE BY USER.
By placing any information or other material on the www.UnderDogMedia.us Site (including posting messages, uploading files, inputting data, or engaging in any other form of communication), you grant to Under Dog 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 and any other party authorized by Under Dog all moral rights and any similar rights in any jurisdiction that you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Under Dog, you will execute and deliver to Under Dog such instruments and take such other actions as may be required to carry out this grant of license and waiver.
If you submit any business information, idea, concept or invention to the Site by email, you automatically grantâ€”or warrant that the owner of such content or intellectual property has expressly grantedâ€”Under Dog 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 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 Site by email or any other means. 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 may provide links to third-party web sites. Under Dog also may select certain sites as priority responses to search terms you enter and Under Dog may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Under Dog does not recommend and does not endorse the content on any third-party websites. Under Dog is not responsible for the content of linked third-party sites, sites framed within the 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 does not endorse any product advertised on the Site.
WAIVER AND LIMITATION OF LIABILITY.
UNDER DOG HAS PRICED ITS PRODUCTS AND SERVICES UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT UNDER DOG WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCTS AND SERVICES AND/OR ITS USE.
You agree to defend, indemnify, and hold Under Dog, 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 use of the Site or any violation of these Terms and Conditions.
Under Dog is based in Dallas, Texas, in the United States of America. Under Dog 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 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.
This website is not directed to any person in any jurisdiction whether the publication or availability of the website, or the promotions or offers, is prohibited and persons to whom such prohibitions apply must not use the website. These terms and conditions are guaranteed by and constructed in accordance with US law with US courts having exclusive jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with Under Dog or in any way relating to your use of the 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 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.
SITE PROPRIETARY NOTICES
Content and features are subject to change or termination without notice in the editorial discretion of Under Dog. All rights not expressly granted herein are reserved to Under Dog and its licensors.
TRADEMARKS OF UNDER DOG AND ITS AFFILIATES
The trademarks listed below are trademarks of Under Dog or its affiliates (as indicated). You may not use www.UnderDogMedia.us marks without Under Dog's 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.
Nothing contained on the 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, the relevant Under Dog 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 Site, but such use requires the express written authorization of Under Dog or the relevant affiliate, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.
Under Dog: OrthoTADs™, Under Dog Media, the Under Dog Media™ logo, www.UnderDogMedia.us, the www.UnderDogMedia.us logo, and all pictures and images.
The layout, content, design, graphic, photographic, text, multimedia, audiovisual material and other contents of Under Dog are the property of Under Dog or has been licensed to Under Dog, and are protected by all applicable national and international trade mark, service mark, copyright and other intellectual property laws, rules, regulations, treaties, and conventions. Information, logos, titles, and Internet links accessed, obtained, downloaded or copied by or through Under Dog's services belong to the purveyors of such information and Internet links are subject to all applicable intellectual property laws, rules, regulations, and treaties. You understand and agree that copying or distributing information and other data, in whatever form and without the express written consent of its owner, may constitute infringement of one or more intellectual property laws, conventions, rules, regulations, or treaties. You understand and agree that copying or distributing information and other data, in whatever form and without the express written consent of its owner, may constitute infringement of one or more intellectual property laws, conventions, rules, regulations, or treaties.
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 copyright agent (identified below) and providing the following information:
1. 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.
2. 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.
3. Your name, address, telephone number, and (if available) email address.
4. 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.
5. 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.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
The Under Dog agent for copyright issues relating to this web site can be contacted at:
Under Dog Media, LP
7015 Snider Plaza, Suite 200
Dallas, Texas 75205
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.
Limitation of Liability. Under Dog does not accept liability beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, loss of business or for lost or corrupted data or software, or the provision of services and support. Except as expressly provided herein, Under Dog will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. You agree that for any liability related to the purchase of product, Under Dog is not liable or responsible for any amount of damages above the amount invoiced for the applicable product. Notwithstanding anything in this agreement to the contrary, the remedies set forth in this agreement shall apply even if such remedies fail their essential purpose.
1. Application of This Agreement. The terms of this Alternative Dispute Resolution ("ADR Agreement") Agreement shall apply to any and all disputes between the parties (including any claims arising out of or relating to an agreement between the parties or any claim that this ADR Agreement or any of its parts, is invalid, illegal, or otherwise voidable or void) EXCEPT for the following:
a. Cases Less Than $25,000. The obligation to mediate or arbitrate will not apply to any dispute involving less than $25,000.00 including exemplary damages, but excluding attorneys' fees and interest. (In any petition or complaint filed with any court, a party must stipulate that the maximum amount sought is $25,000.00, otherwise the terms of this ADR Agreement, including the requirement to arbitrate, apply).
b. Equitable Relief. The obligation to mediate or arbitrate will not apply to any claim by either party seeking equitable relief, including requests for temporary restraining orders, preliminary injunctions, writs of attachment, appointment of a receiver, or any other orders which a court may issue when deemed necessary in its discretion to preserve the status quo or prevent irreparable injury, including the claim of either party for injunctive relief to preserve the status quo pending the completion of a mediation or arbitration proceeding. The party awarded interim or injunctive relief will not be required to post bond.
The term "party" includes the party and, as applicable, its officers, directors, agents, employees, heirs, assigns, or other representatives.
2. Arbitration. Except disputes not subject to arbitration as set forth in Section 1 above no party will bring a civil action in any court against the other. Any dispute between the parties that has not been resolved in by mediation will be resolved by submission to binding arbitration. The arbitration will be conducted under the authority of the Federal Arbitration Act.
a. Appointment of an Arbitrator. The arbitration shall be conducted by a single impartial arbitrator appointed by agreement of the parties.
* Qualification of Arbitrator. To serve as an arbitrator, the arbitrator must be a member of the bar of the state of Texas, who has actively engaged in the practice of law for at least ten years.
* Agreed Arbitrator or AAA. In the event the parties have not agreed to an arbitrator within fifteen (15) calendar days of the Demand for Arbitration, then either party may request that an arbitrator be appointed by the office of the American Arbitration Association ("AAA") in Dallas, Texas according to its rules and procedures for selecting a neutral arbitrator.
b. Initiating an Arbitration. Arbitration shall be commenced by a written Statement of Claim and Demand For Arbitration, describing in reasonable detail the dispute and the amount and nature of the relief sought given by the claimant (the "Claimaint") to the respondent (the "Respondent"). The Statement of Claim shall follow the format of a complaint filed in federal court â€“ including a statement of facts and legal claims. Upon receiving the Statement of Claim, the Respondent shall provide Claimaint a written response, within 15 days. The Statement of Claim shall follow the format provided for filing an answer in federal court â€“ including admissions, denials, and any counterclaims. The Statement of Claim and Response shall be provided to the arbitrator.
c. Arbitrator's Fees. The arbitrator's fees will be divided equally between the parties, unless otherwise determined by the arbitrator in the final award. Within 15 days of the Demand for Arbitration, each party shall place in escrow with the arbitrator (either the AAA or the arbitrator, if the parties have chosen a non-AAA arbitrator) the sum of $2,500 (the "Arbitration Fee") as prepayment for the services provided by the arbitrator. The arbitrator shall be entitled to draw upon such funds for services provided and shall release the balance of such funds, if any, at the time of entering an arbitration award. The amount set out above as the Arbitration Fee is not a limit on the actual arbitrator's fees. Failure of either party to provide such Arbitration Fee to the arbitrator in the period provided will result in a default arbitration award being taken against such party.
d. Individual Claims Only. The arbitration will be limited solely to the dispute or controversy between the parties. Neither party shall be entitled to join or consolidate claims by or against other parties, or arbitrate any claim as a representative or class action or in a private attorney general capacity.
e. Place of Hearings. All hearings and other proceedings will take place in Dallas County, Texas unless otherwise agreed by the parties.
TERMINATION OF USE
Termination of Use. Under Dog may, in its sole discretion, terminate your account or your use of the www.UnderDogMedia.us Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Under Dog reserves the right to change, suspend, or discontinue any or all aspects of the www.UnderDogMedia.us Site at any time without prior notice.
Thank you for your cooperation. We hope you find the www.UnderDogMedia.us 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, info@UnderDogMedia.us, or via US mail to Under Dog. We try to answer every email in a timely manner but are not always able to do so.
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