1. Acceptance of Terms
These Terms of Service ("Terms") form a legally binding agreement between you and dentafend ("the Website," "we," or "us"). They govern your use of the Website. If you do not agree with any part of these Terms, you must stop using the Website immediately. By using the Website, you acknowledge and agree to our Privacy Policy, which is incorporated herein by reference.
2. Right to Take Action
We reserve the right to take appropriate actions if, in our sole discretion, you engage in prohibited activities or violate these Terms. Actions may include account cancellation, termination of your license to use the Website, or initiating legal proceedings. Any rights not expressly granted herein are reserved by us.
3. Scope of Terms
These Terms do not apply to products or services described on the Website ("Services"). Specific terms related to your use of any Service and how we handle information are detailed on the Service’s website.
4. Website Description
The Website aims to:
(a) Describe our company and products;
(b) Allow visitors ("Visitors") to contact us;
(c) Enable interaction with Visitors via live chat;
(d) Provide access to our customer forum for Service users ("Users").
We may modify, suspend, or terminate the Website or any part of it at any time without notice.
5. End User License Agreement (EULA)
We grant you a revocable, non-exclusive, non-transferable, limited license to access and use the Website. This license begins when you visit the Website and ends when terminated by either party. We may terminate your license if you breach these Terms. We retain all rights, including copyrights and trademarks, to the Website, which is protected by global laws.
6. Age Restriction
The Website is not intended for individuals under 18 years old. By using the Website, you confirm that you are at least 18 years old.
7. License Restrictions
You may not:
(a) Copy, create derivative works, or access the Website's underlying code;
(b) Disrupt or interfere with the Website or its connected networks;
(c) Reproduce, print, store, or distribute content without prior written permission;
(d) Use the Website to violate any laws;
(e) Transmit harmful or disruptive files, code, or programs.
8. Privacy
Our use of personal information is governed by our Privacy Policy, incorporated by reference. We will not share your personal information with third parties without your permission, except as required by law.
9. User-Submitted Content
You are responsible for content you post or upload to interactive features on the Website. Such content must be accurate and not:
(a) Defame, harass, or threaten others;
(b) Include hate speech or offensive content;
(c) Contain explicit or inappropriate material;
(d) Violate laws or regulations;
(e) Contain threats or infringe upon third-party rights.
10. Communication Consent
By using the Website, you consent to receive communications from us and our agents via various methods including automated dialing and pre-prepared messages. This consent is valid for 36 months and will renew automatically unless you opt out.
11. Copyright
We respond to notices of alleged copyright infringement that comply with applicable law. If you believe your content has been infringed, please provide a detailed notice as specified in the DMCA.
12. Assumption of Risk & Limitation of Liability
You assume all risks associated with using the Website. We are not liable for indirect, special, incidental, or consequential damages arising from your use of the Website.
13. Indemnification
You agree to indemnify and hold us harmless from any claims or damages arising from your use of the Website or violation of these Terms.
14. No Warranty
The Website is provided "as is" without warranties of any kind. We disclaim all implied warranties, including those of merchantability or fitness for a particular purpose.
15. Arbitration Agreement
You agree to arbitrate disputes arising from your use of the Website, waiving your right to a jury trial. Arbitration will be conducted in Palo Alto, California, and administered by JAMS.
16. Choice of Law; Forum
The Website is governed by the laws of California. Disputes must be brought in Palo Alto, California, or Santa Clara County, CA.
17. Limitation of Actions
Claims must be filed within one year of the occurrence or be forever barred.
18. Modification and Notice of Changes
We may modify these Terms or the Website at any time without prior notice. Changes will be posted on the Website, and your continued use constitutes acceptance of the updated Terms.
19. Entire Agreement and Severability
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us. If any provision is found invalid, the remaining provisions will continue in effect.
20. State-Specific Provisions
California residents waive rights under California Civil Code 1542. New Jersey residents may have different rights under the New Jersey Truth in Consumer Contract, Warranty, and Notice Act.
For California residents, you may contact the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs for assistance.
If you are a New Jersey resident, certain sections may not apply to you.