Dental History

Terms of Use

Copyright

There are two entities named Dental History: 1) The first is Dental History, the website at www.dentalhistory.org and its contents, and herein known as the "Site"; and 2) The second is Dental History, the multimedia dental history resource available for download from the Site, and herein known as the "Resource." For purposes of these Terms of Use, Dental History refers collectively to both the Site and the Resource unless otherwise specified. Dental History is copyright © 2001-2009 by the American College of Dentists, Gaithersburg, Maryland, U.S.A. All rights are reserved.

Agreement

If you use the Site and/or the Resource, to include but not limited to viewing, operating, printing, and prior approved copying, then you agree that you understand and accept the following disclosures, statements, terms, and conditions as an express Agreement between you or your organization and the developer, American College of Dentists, and any other distributors of the Site and/or the Resource. If you do not accept this Agreement, then you may not use the Site or the Resource.

Permission. You have permission to use Dental History for personal or non-profit educational use only, provided you expressly agree to:

1. not alter Dental History;
2. not sell, copy, trade, or distribute Dental History or any part thereof (including the Resource); and
3. only use Dental History in a manner consistent with the mission, principles, objectives, ideals, and reputation of the American College of Dentists.

All other contemplated uses of Dental History require the express written permission of the American College of Dentists. By using all or part of Dental History in an approved application, the user agrees to appropriately credit the American College of Dentists as the developer. Sections of the Resource may be printed for personal or non-profit educational use only, provided such printed facsimiles are not sold or traded.

Possible Defects. Dental History may contain defects that include, but are not limited to:

1. incomplete, inaccurate, incompatible, or corrupt content;
2. transcription and/or programming errors;
3. intellectual property infringement;
4. content that damages your hardware and/or software; or
5. infection by one or more computer viruses.

The possible defects are mentioned in the interests of disclosure, and such inclusion should not be interpreted to mean that Dental History is offered with known defects. If defects are uncovered, please contact the developer so that the defects may be addressed. Master copies of the two versions of the Resource have been tested with commercially available anti-virus software and found to be free of computer viruses at the time of upload.

Indemnity. By using Dental History, then you agree to indemnify and hold the developer and its agents, officers, members, and distributors harmless against any and all claims arising out of said use or distribution, regardless of the cause, effects, or fault.

Limitation of Liability. Neither the developer nor anyone else who has been involved in the creation, production, distribution, or delivery of Dental History shall be liable for any direct, indirect, consequential, or incidental damage (including damage for loss of business profit, business interruption, loss of data, and the like) arising out of the use of or inability to use the Site or the Resource even if the developer has been advised of the possibility of such damage. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damage.

The developer’s entire liability and your exclusive remedy shall be the replacement of the defective Resource. If failure of the Resource has resulted from accident, abuse, or misapplication, the developer may replace the Resource at the developer's option.

Warranty Disclaimer. The developer of Dental History and any distributor disclaim all liability to you for damages, costs, and expenses, including legal fees, for any real or alleged defect in Dental History. You have no remedies for negligence or under strict liability, or for breach of warranty or contract, including, but not limited to, indirect, consequential, punitive, or incidental damages, even if you give notice of the possibility of such damages.

Dental History is provided to you “as is” and “as available.” No other representations or warranties of any kind, express or implied, are made to you regarding Dental History, including, but not limited to, fitness for a particular purpose. No oral or written information or advice given by the developer, its agents, officers, members, or distributors shall create a warranty, and you may not rely upon such information or advice.

This Agreement shall be governed by the laws of the State of Maryland. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.  If any part of this Agreement is not legally binding, it shall in no way affect the validity of the other parts of the Agreement.