Bracesquestions.com ("Bracesquestions") reserves the right to revise and update these Terms at any time. Your continued use of the Site constitutes your binding acceptance of these Terms, including any modifications that we make.
Content and Use of Content on the Site
The Site includes a combination of content that we create, that our partners create, and that our users create (“User Content”). All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part. If you would like to request permission to use any of the content on the Site, please Contact Us.
You will be exposed to User Content and third party content. You understand that User Content and third party content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Bracesquestions does not endorse User Content or third party content, including but not limited to the opinions, recommendations, or advice expressed therein.
The Site does not provide dental, orthodontic, or medical advice.
The contents of the Site, such as text, graphics, images, information obtained from Bracesquestions’ licensors, and other material contained on the Site are for informational purposes only. The content of the Site is not intended to be a substitute for professional dental advice, orthodontic advice, medical advice, diagnosis, or treatment. Always seek the advice of your dentist, orthodontist or other qualified health provider with any questions you may have regarding a dental, orthodontic, or medical condition. Never disregard professional dental, orthodontic, or medical advice or delay in seeking it because of something you have read on the Site!
If you think you may have a dental or medical emergency, call your doctor or 911 immediately. Bracesquestions does not recommend or endorse any specific tests, dentists, orthodontists, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Bracesquestions, Bracesquestions employees, others appearing on the Site at the invitation of Bracesquestions, or other visitors to the Site is solely at your own risk.
The Content displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Bracesquestions or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such Content may be displayed solely for your personal, non-commercial use if you include the following copyright notice: “Copyright © 2008, Bracesquestions.com, LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Bracesquestions or the appropriate affiliate.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Bracesquestions or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Bracesquestions. All rights not expressly granted herein are reserved to Bracesquestions and its licensors.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
In creating or updating your account, please provide complete and accurate information about yourself, though you may instead choose not to provide information that makes you personally identifiable. Notwithstanding the foregoing, you may not impersonate someone else, provide an email address that is not your own, or create multiple accounts.
User Content Submissions
Use of the Public Areas, such as Message Boards are governed by the Message Board Rules. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Site ("Your Content"). You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You may not imply that Your Content is in any way sponsored or endorsed by Bracesquestions. You hereby affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Bracesquestions to use Your Content as described herein. You hereby grant Bracesquestions and any affiliates of Bracesquestions the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose.
Bracesquestions and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a dental or medical emergency, call your doctor or 911 immediately.
You should be aware that if you voluntarily disclose personal information (e.g., user name, address, phone number, or email address) on a message board or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited and potentially dangerous messages from other parties.
Any communication or material you post or transmit to the Site is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit.
Because you alone are responsible for Your Content (and not Bracesquestions), you may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Bracesquestions makes no representations that it will publish or otherwise use Your Content in any way. Bracesquestions may or may not use Your Content at its sole discretion. You understand that Bracesquestions does not guarantee any confidentiality with respect to Your Content. Bracesquestions has no obligation to store or provide you with copies of Your Content.
Bracesquestions and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and any media formats and through any media channels now known or later developed ("Downstream Distributions"). You agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
You hereby grant Bracesquestions and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, fully sublicensable, and fully transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, incorporate into other works, display, perform, and otherwise exploit Your Content for any purpose, including without limitation promoting and redistributing part or all of the Site (and derivative works thereof) in any Downstream Distributions.
You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.
Limitation on Liability
Your use of the Site is at your own risk. Neither Bracesquestions, nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, the service and the sites and the information available on the service and the sites or arising out of any action taken in response to or as a result of any information available on the Site. You hereby waive any and all claims against Bracesquestions and its subsidiaries, divisions, affiliates, agents, representatives and licensors arising out of your use of the Site and the information available thereon.
The Site contains information, facts and opinions from various individuals. The content of the Site is provided on an “as is” basis without warranties of any kind, either expressed or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Neither Bracesquestions nor its affiliates endorse or are responsible for the accuracy or reliability of any opinion, advice or statement on the Site.
We do not guarantee the accuracy, the integrity, or the quality of the content on the Site, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of the Site.
Some links in this website may lead to websites which are not under our control. When you visit any of those websites you will leave our website and we will accept no responsibility or liability in respect of the material or any website which is not our under control. External sites are not endorsed by us and we make no representation or warranty as to the content contained in any such external website.
Bracesquestions and its affiliates do not review or monitor any web sites linked to the Site and are not responsible for the content of any such linked web sites. Your use of such web sites is at your own risk. You acknowledge that the use of any advice, opinion, recommendation, statement or other information displayed, link to, or distributed through the Site is at your own risk. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither Bracesquestions, nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third party products or services based upon the information provided on the Site.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from our Web site without the prior expressed written permission of Bracesquestions.
Unauthorized Use of the Site
Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
You may not use the Site if you are under thirteen (13) years of age.
You agree to indemnify and hold Bracesquestions, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site.
You will be responsible for, and indemnify and hold harmless Bracesquestions, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit. Although Bracesquestions and its affiliates may from time to time monitor or review discussions, postings, transmissions, and other user and member generated pages on the Site, neither Bracesquestions nor its affiliates is under any obligation to do so. You acknowledge that Bracesquestions and its affiliates do not control the information available on the message boards and other user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on message boards or on any other user or member generated pages are those of their respective authors who are solely liable for their content. Bracesquestions or its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted on the message boards or on any other user or member generated pages.
Although Bracesquestions strives to maintain an accurate and updated database of orthodontic providers, there may be errors which may include but are not limited to errors in Business Name, Doctor Name, Doctor Degree, Doctor Board Certification Status, Address, or Phone Number. Bracesquestions will not be held responsible for any damages losses, whatsoever that result from these errors.
Bracesquestions does not promise that the Site will be error-free or uninterrupted, or that it will provide specific results from use of the Site or any content, search, or link on it. The Site and its content are delivered on an "as-is" and "as-available" basis. Bracesquestions cannot ensure that files you download from the site will be free of viruses or contamination or destructive features. Bracesquestions assumes no liability for any computer virus or similar code that is downloaded to your computer from the Site or in connection with any other services offered by the Site. Bracesquestions disclaims all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. Bracesquestions will not be liable for any damages of any kind arising from the use of the Site, including, without limitation, direct, indirect, incidental, and punitive and consequential damages.
Bracesquestions disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Bracesquestions users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. Bracesquestions is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to Bracesquestions. Bracesquestions may investigate the claim and take appropriate action, at its sole discretion.
Your communications or dealings with any of the businesses, advertisers, or users on the site, are solely between you and such businesses, advertisers, and users. Bracesquestions is not responsible, and disclaims all liability, for any loss or damage arising out of any such communications or dealings. Bracesquestions reserves the right (but has no obligation) to monitor disputes between you and such businesses, advertisers, and users.
If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Redwood City.
You expressly agree that exclusive jurisdiction for any dispute with Bracesquestions, or in any way relating to your use of the Bracesquestions Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Bracesquestions or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Use 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 Use, which shall remain in full force and effect. No waiver of any of these Terms and Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.