Terms & Policies
Family Care Dentistry (“Family Care”) provides this website, www.familycaredentistry.net (“website”), to allow our patients and other users to view educational materials, communicate with our providers, our staff and each other, arrange for clinical and health services and access additional services.
The information provided on this website is not a substitute for the advice of your personal physician, specialty dentist or other qualified health care professional. Always seek the advice of your physician, specialty dentist or other qualified health care professional with any questions you may have regarding symptoms or conditions you may be experiencing. Never disregard professional advice or delay in seeking care because of something you have read on this website.
These Terms and Conditions may be revised without notice to you. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. If you access the website at any time after the Terms and Conditions have been revised, this will signify your acceptance and agreement to the revised Terms and Conditions.
Use by Children
This website is not intended or designed to attract children under the age of 13. We do not knowingly allow anyone under the age of 13 to participate in any activity at this site, and we do not knowingly allow Access Dental members under the age of 13 to create accounts that allow access to the secured features of this site.
Additional Terms & Policies
FAMILY CARE Intellectual Property.
Except all User Content, FAMILY CARE owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of FAMILY CARE and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of FAMILY CARE or, if such property is not owned by FAMILY CARE, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. If FAMILY CARE discovers that you are using any of FAMILY CARE’s or another’s intellectual property in any inappropriate or unauthorized manner, FAMILY CARE may terminate your Account and this Agreement, with or without notice, and may pursue all available remedies for such intellectual property infringement.
Third Party Intellectual Property.
FAMILY CARE respects the intellectual property rights of others. FAMILY CARE will respond promptly to remove material that infringes another person’s copyright or other intellectual property right once brought to FAMILY CARE’s attention. If you believe that your work has been copied and posted on the Service or Website in a way that constitutes copyright or other infringement, please provide FAMILY CARE’s agent (designated below) with the following information: (i) a copy or description of the copyrighted work or trademark that you claim has been infringed, including registration number if applicable; (ii) the location of where the infringing material is located; (iii) your contact information including telephone number, physical and email address; and (iv) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on its behalf.
Our designated agent to receive notices of claimed infringement is: firstname.lastname@example.org
Compliance with Applicable Laws and Policies.
Your use of the Website and Service, including all User Content you post through the Service, must comply with all applicable laws and regulations. You agree that FAMILY CARE may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any User Content violates the rights of third parties; or (iv) protect the rights, property or personal safety of FAMILY CARE or any other person. You also agree to comply with FAMILY CARE’s policies and terms and conditions that it publishes on its website and through the Services.
Amendments to Agreement.
FAMILY CARE may update this Agreement at its sole discretion. Your continued use of the Website or Services after any amendments to this Agreement constitutes your acceptance of this Agreement, including any amendments. If at any time you become no longer able to comply with the terms of the current version of this Agreement, this Agreement will automatically terminate and FAMILY CARE may deactivate your Account such that you will not be able to use the Services.
FAMILY CARE reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that FAMILY CARE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Service. To protect the integrity of the Website or the Service, FAMILY CARE reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service.
This Agreement is effective until terminated. You may terminate this Agreement by deactivating your Account. In the event that you terminate or breach this Agreement, you will forfeit your right to use any and all Services. FAMILY CARE may terminate this Agreement, or your Account, for any reason or for no reason, with or without notice to you. For example, if you breach this Agreement, if FAMILY CARE learns that your Account is used for any unauthorized or inappropriate activity as determined by FAMILY CARE, or if FAMILY CARE discontinues the Services, FAMILY CARE may suspend, terminate, modify, or delete your Account or this Agreement with or without notice to you. After your Account is terminated for any reason, all terms of this Agreement shall survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
You agree to indemnify and hold harmless FAMILY CARE, and its subsidiaries and other affiliates, and its and their respective officers, agents and employees, from any claim or demand by any third party arising out of your use of the Website or Services, including but not limited to, the use of any Account and the Website, your violation of any term of this Agreement, and your violation of any rights of another person or entity. You agree to cooperate fully with FAMILY CARE in the defense of any claim. FAMILY CARE reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of FAMILY CARE.
The Website may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Website are accurate and comply with all applicable laws. FAMILY CARE is not responsible for the acts or omissions of any advertiser or sponsor. FAMILY CARE may use model photos for depiction of products or services on its website. Actual patient results may vary and treatment success is not guaranteed.
THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH THE WEBSITE OR SERVICES, ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND SERVICES AND ANY TRANSACTIONS OR INFORMATION RECEIVED THROUGH THEM.
FAMILY CARE DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF INFORMATION OR THAT THE FUNCTIONS CONTAINED ON THE WEBSITE OR OFFERED IN CONNECTION WITH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. FAMILY CARE MAKES NO COMMITMENT TO UPDATE ITS SERVICES OR TO MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED BY FAMILY CARE OR PROVIDED IN CONNECTION WITH THE SERVICES MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT IMMEDIATELY AVAILABLE OR ARE NO LONGER AVAILABLE.
Limitation of Liability.
FAMILY CARE is not responsible for the conduct of any Staff. To the fullest extent allowed by applicable law, FAMILY CARE and its staff, directors, officers, employees, and agents are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the Website or Services, your Account, or any information received or published in connection with any of the Website or Services. Your sole remedy for dissatisfaction with or any claim related to the Services is to terminate your Account and/or stop using the Website and/or Services.
This Agreement shall be construed, governed by and interpreted per the internal laws of the State of Arizona, excluding any choice of law rules that may direct the application of the laws of another jurisdiction. Any dispute, claim or controversy relating to or arising under this Agreement or the dealings of the parties which cannot be resolved amicably by the parties shall be commenced and prosecuted exclusively in the state courts of Maricopa County, Arizona or the federal court for the District of Arizona located in Phoenix, Arizona (in either event, the “Forum Court”). The parties stipulate and consent to the exclusive jurisdiction, personal jurisdiction and proper venue of the Forum Court and waive and relinquish all right to attack the suitability or convenience of such venue or forum by reason of their present or future domiciles, or by any other reason. The parties acknowledge that all directions issued by the Forum Court, including all injunctions and other decrees, will be binding and enforceable in all jurisdictions. If any provision of this Agreement is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. FAMILY CARE’s failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.