We do not provide dental or medical advice. The content, such as text, graphics postings, messages, files, information, images, photos, video, sounds or other materials available on or through the Services (collectively the "Content") are for informational purposes only. The Content is not intended to be a substitute for professional dental or medical advice, diagnosis, or treatment. Always seek the advice of your dentist, physician or other qualified health provider with any questions you may have regarding a dental or medical condition.
You agree that you must evaluate and bear all risks associated with the use of any Content posted or otherwise published or transmitted through, or linked to the Services. You acknowledge and agree that all Content posted or otherwise published or transmitted through, or linked to the Services, are the sole responsibility of the person from whom such Content originated. The Content provided via the Services does not reflect the views of GoodDentist and GoodDentist does not assume responsibility or liability for any Content or for any claims, damages, or losses resulting from any use of the Services or the materials contained therein. If you are a dentist or orthodontist and have a free practice listing on GoodDentist, or a paid practice listing on GoodDentist that has expired, GoodDentist may remove your listing at any time, as it is under no obligation to promote your practice.
Content Submitted by You
The Services allows you and other users of the Services to post and read Content, including, without limitation, reviews, recommendations, ratings and rankings of dentists and orthodontists. If you are posting a review of a dentist or orthodontist as a patient of that dentist or orthodontist, you represent and warrant to GoodDentist that: (a) you have in fact received services from that dentist or orthodontist; (b) you do not have a direct or indirect financial relationship with that dentist or orthodontist beyond receiving dental service from that dentist or orthodontist as a normal paying patient; (c) you have not received any compensation or other inducement from that dentist or orthodontist for posting such review; and (d) you are not a family member of that dentist or orthodontist. If you are a dentist or orthodontist posting a peer review, you represent and warrant to GoodDentist that (a) you do not have a direct or indirect financial relationship with that dentist or orthodontist; (b) you have not received any compensation of any kind in exchange or in connection with that review; and (c) you are not a family member of that dentist or orthodontist.
You agree that any Content posted or submitted by you on or through the Services will not contain any of the following: (i) Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.); (ii) Content that contains personal attacks or describes physical confrontations and/or sexual harassment; (iii) Content violating the privacy of other users of the Services; (iv) Content that violates the intellectual property rights of any party; (v) Language that violates the standards of good taste or the standards of this website, as determined by GoodDentist in its sole discretion; (vi) Content determined by GoodDentist to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity; (vii) Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures; or (viii) Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
Intellectual Property Rights
You acknowledge and agree that GoodDentist and its licensors own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). In consideration for your use of the Services, you assign to GoodDentist all right, title and interest to any Content posted or otherwise submitted by you to GoodDentist, including, without limitation, reviews, recommendations, ratings and rankings of dentists and orthodontists, and all such Content shall be owned exclusively and in perpetuity by GoodDentist. Such exclusive ownership means that GoodDentist, its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted Content. GoodDentist is under no obligation to give credit or pay any additional consideration to you for any Content posted or submitted by you. To the extent you are unable to assign any right, title and interest to any Content posted or otherwise submitted by you to GoodDentist, you hereby grant to GoodDentist the exclusive license and right to use, reproduce, display, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) worldwide and/or to incorporate such Content in other works in any form, media or technology now known or later developed. You expressly acknowledge and agree that any Content posted or otherwise submitted by you to GoodDentist is a public, not a private, communication, and GoodDentist has no confidentiality obligations with respect to any such Content. All other Content made available directly through the Services by GoodDentist or third parties is the property of GoodDentist, its licensors and its advertisers and title, ownership rights and intellectual property rights in and to such Content are the property of either GoodDentist or its licensors. Other than as expressly provided herein, this Agreement gives you no express or implied license to the Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Content.
Passwords, Account Security and Registration Information
During the registration process to use the Services, you will create a password and a user name. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You agree that you will be solely responsible to GoodDentist for all activities that occur under your account. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being the "Registration Information").
Links to Other Websites and Content
The Services may include hyperlinks to other web sites or content or resources. GoodDentist may have no control over any web sites or resources which are provided by companies or persons other than GoodDentist. You acknowledge and agree that GoodDentist is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that GoodDentist is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Modification and Suspension of Services
You acknowledge and agree that GoodDentist may modify, suspend, or discontinue any or all of the Services at any time without notice and may discontinue any web site at any time without notice and shall not be liable to you or to any third party for any modification, suspension or discontinuance of any or all of the Services.
It is our policy to respond to use commercially reasonable efforts to clear notices of alleged copyright infringement in accordance with the United States Digital Millennium Copyright Act.
Infringement Notification. If you believe any Content accessible on or from this web site infringe your copyright, you may request removal of such Content (or access thereto) from the Services by contacting GoodDentist’s copyright agent (identified below) and providing the following information:
- A physical or electronic signature from you as a person authorized to act on behalf of the owner of the Content that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our website are covered by a single notification, a representative list of such works on our website.
- Identification of the infringing Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, together with information reasonably sufficient to permit GoodDentist to locate such infringing Content.
- Information reasonably sufficient to permit GoodDentist to you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement by you that you have a good faith belief that use of such Content in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement signed by you that the information in the notification is accurate and "under penalty of perjury" that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our response to these notices may include removing or disabling access to Content claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or Content so that they may make a counter notification. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third parties who may publish it.
Counter Notification. Representatives of an affected site or the provider of affected Content may make a counter notification pursuant to the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the Content in question. To file a counter notification with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any Content or activity is not infringing the copyrights of others.
To expedite our ability to process your counter notification, please use the following format:
- Identify the specific URLs or other unique identifying information of the Content that GoodDentist has removed or to which GoodDentist has disabled access.
- Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Suffolk County, Massachusetts if your address is outside of the United States), and that you will accept service of process from the person who provided notification or an agent of such person.
- Include the following statement signed by you: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
- Include a signature or the electronic equivalent of your signature as an authorized representative of the party making the counter notification.
To reach GoodDentist’s copyright agent for notice of claims of copyright infringement or a counter notification:Good Dentist Or Not
ATTN: GoodDentist Copyright Agent
P.O. Box 400040
Cambridge, MA 02140
GoodDentist may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize GoodDentist to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."IN PARTICULAR, GOODDENTIST, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOODDENTIST OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. GOODDENTIST FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOODDENTIST, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;OR (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH GOODDENTIST MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE GOODDENTIST WITH ACCURATE ACCOUNT INFORMATION; OR (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON GOODDENTIST’S LIABILITY TO YOU IN THIS PARAGRAPH SHALL APPLY WHETHER OR NOT GOODDENTIST HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Arbitration and Governing Law
You and GoodDentist hereby unconditionally waive their respective rights to a jury trial of any claim or cause of action arising directly or indirectly out of, related to, or in any way connected with the performance or breach of this Agreement, and/or the relationship that is being established among them.
No waiver by GoodDentist of any right or remedy hereunder shall be valid unless the same shall be in writing and signed by GoodDentist giving such waiver.
GoodDentist will not be liable for any failure or delay in its performance of the Services due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, fire, embargo, sabotage, labor shortage or dispute, governmental act or failure of third party power or telecommunications networks.