Terms of Use

BY ACCESSING AND USING THE SERVICES (AS DEFINED BELOW) IN ANY MANNER, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) OT THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT UNCONDITIONALLY ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU SHALL NOT (AND SHALL HAVE NO RIGHT TO) ACCESS OR USE THESE SERVICES OR THE SULLIVAN HEIGHTS DENTAL WEBSITE (THE “WEBSITE”). THESE TERMS OF USE SHOULD BE READ IN CONJUNCTION WITH OUR PRIVACY POLICY.

The Terms of Use constitute a legally binding agreement and applies to your use of the Website and Services (as defined below) provided by Sullivan Heights Dental Inc. (“SHD”, “us”, “we” or “our”). We reserve the right, in its sole discretion, to update, modify, amend or revise these Terms of Use at any time. If we do so, we will post the modified version of the Terms of Use on our Website and we will notify you by email of any changes that, in our sole discretion, materially impact the Terms of Use. You are responsible for regularly reviewing the most current version of the Terms of Use, which is available on the Website. Your continued use of the Services and or the Website shall be deemed your conclusive acceptance of the modified Terms of Use.

Wherever used in the Terms of Use, “you”, “your” and similar terms mean the person or legal entity accessing or using the Services and or the Website. If you are accessing and using the Services and the Website on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement.

1. Definitions.

“Authorized Users” means individuals who you have authorized to use the Services with varying levels of control and access specified by you and who have been supplied user identification and passwords. Authorized Users may include your and your Affiliates’ employees, contractors, consultants, agents or other designees.

“Services” means the following services that are made available to you on or through the Website:

• Appointment requests; and
• Newsletter subscription opt-in and opt-out.

The Website and all content provided by us via the Website and the Services is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws, whether registered or unregistered with any governmental authority at any time, and is owned, controlled and/or licensed by us and/or our affiliates and related companies. Nothing contained on the Website should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logos, or other names, including but not limited to those identifying us and/or our affiliates and related companies or our or their respective products and services that may be displayed on the Website, without the express written consent of either us or such third party that may own such trademarks, logos or other names displayed on the Website.

You will use the Website and any material found on the Website solely for lawful purposes. You shall not upload, store, post, transmit, display or publish, distribute or otherwise disseminate through the Website in any manner any material, content or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise objectionable, that otherwise violates any law or infringes or violates any rights of any other person or entity. You will be solely responsible for the content of any material that you make available through the Website. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material available through the Website. You agree that you will not engage in any activity that interferes with or disrupts the Website or services or servers or networks connection to the Website.

We have no obligation and assume no responsibility for monitoring the material uploaded via your use or the use of others of the Services for inappropriate material or conduct. If at any time we choose, in our sole discretion, to monitor material uploaded to the Website, we nonetheless assume no responsibility for such material, no obligation to modify or remove any inappropriate material, and no responsibility for the conduct of the users. However, we reserve the right to monitor, delete, refuse to transmit, move or edit, without notice to you, any material, in whole or in part that it deems in our sole discretion unacceptable or objectionable, or in violation of this Agreement or that which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. We may terminate, deny, restrict, or suspend your user account or subscription (the “Account”) at any time, for any or no reason, with or without prior notice or explanation, and without liability. Without limiting the generality of the forgoing, we reserve the right to restrict or prohibit the sending of unsolicited bulk or commercial messages or very large messages to a recipient.

You are responsible for maintaining the confidentiality of any passwords associated with your Account. If your username or password is lost or stolen, or if you believe that your Account has been accessed by unauthorized third parties, you are advised to notify us at the email address below, and should change your password at the earliest possible opportunity. Notwithstanding the forgoing, for clarity, we cannot and will not be liable for any loss or damage occasioned from your failure to comply with these policies. Without limiting the generality of anything contained herein, you acknowledge and agree that under no circumstances will we be liable in any way for any of your acts or omissions including any damages of any kind incurred as a result of such acts or omissions.

The Website and the Services are provided “as-is” without warranty of any kind either express or implied. You acknowledge and agree that we will not be responsible for any failure of the Website or the Services to store any information uploaded via the Website, or for the deletion thereof or for the corruption of or loss of any data, information or content contained in such material. Neither us nor our affiliates and related companies and each of our and their respective directors, officers, employees, consultants, or agents makes any representations or warranties that the Website or access to and use of the Services will be uninterrupted, error free, or free from defects, viruses or other harmful components. You expressly agree that your use of the Website and the Services is at your sole risk. You acknowledge and agree that neither us nor our affiliates and related companies, and each of our and their respective directors, officers, employees, consultants and agents will be responsible for any failure of the Website to store any files. Neither us nor our affiliates and related companies, and each of our and their respective directors, officers, employees, consultants and agents makes any representations or warranties as to the accuracy, timeliness, reliability, or completeness of the Website or the content contained in or accessed through the Website, including but not limited to, the contents of any content, information, material or posting found on the Website, any services provided through the Website, or any links to other sites made available on the Website or the content contained on such site or as to the continuous or error free use and operation of the internet or the Website or servers.

Under no circumstances, including but not limited to, negligence, gross negligence, negligent misrepresentation, and fundamental breach shall we or our affiliates and related companies, and each of our and their respective directors, officers, employees, consultants, and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that results from the use of, or the inability to use, any content, information, material or postings on the Website, directly or indirectly, or the transmission of confidential or sensitive information over the internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither us nor our affiliates, and related companies, nor each of our and their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive or illegal conduct of any user, including you, should this become at any point technologically feasible via the Website or any use of the Services.

We reserve the right to discontinue the Website or to change the Services at any time and without prior notice to you.

To the maximum extent permitted by applicable law, you will defend, indemnify and hold us harmless, our affiliates, subsidiaries and related companies, subcontractors and other partners, and each of our and their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, demand, and expenses including, but not limited to all legal fees and costs arising out of (i) your breach of any provision of the Terms of Use and/or any breach of your warranties and representations; or (ii) your use of the Website, the content contained in the Website and the placement of any information or other materials through the Website made by you or others using your Account.

The Agreement shall be governed by, and construed in accordance with the laws of the Province of British Columbia without regard to its conflict of law provisions. You and we agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. No waiver by either us or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.

© 2017, 2018, 2019 Sullivan Heights Dental Inc. All rights reserved.