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AMERICAN ASSOCIATION OF DENTAL CONSULTANTS WEB SITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. IF YOU USE OR ATTEMPT TO USE THE AADC WEB SITE OR OUR SERVICES, YOU WILL BE SIGNIFYING YOUR AGREEMENT TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW.

These are the official Terms of Use (the "Terms of Use") for the American Association of Dental Consultants' web site located at the URL http://aadc.org/site/ (the "Site," "we," "us" or "our"), an Internet web site provided by American Association of Dental Consultants ("AADC"). These Terms of Use governs only the content, features and activities related to this Site.

This Site contains content intended for users aged 13 years of age or older. If you are not yet 13 years old, please discontinue using the Site immediately. In addition, if you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Site immediately because by using or attempting to use the Site you represent and warrant that you are at least 13 years of age and meet any other eligibility and residency requirements of the Site.

These Terms of Use constitutes a legally binding agreement between you and AADC. In these Terms of Use, the term "Site" includes all web sites and webpages within http://aadc.org/site/, as well as any equivalent, mirror, replacement, substitute or backup web sites and webpages that are associated with the Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms and conditions of these Terms of Use and any additional terms that govern certain services including, without limitation, our Membership program eligibility requirements, which will be presented in conjunction with those services ("Additional Terms"). The Site's Privacy Policy and any Additional Terms are hereby incorporated in these Terms of Use by reference. To the extent that there is a conflict between these Terms of Use and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Site, and in the event of termination of any service or feature, you will still be bound by your obligations under these Terms of Use, the Privacy Policy, any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability.

The words "use" or "using" in these Terms of Use, means any time an individual ("user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. You, and anyone using our Services (as defined below), may be referred to in these Terms of Use as a user, even if you do not take advantage of all of all of the services features and functions available to you. We obtain certain information from all users of our Services, whether or not you are a user or you have submitted registration data (as described in Section 2 below) and you should refer to our Privacy Policy for important information and disclosures relating to our collection, maintenance and use of information we obtain from you in connection with your use of our Services.

1. DESCRIPTION OF SERVICES; CONTENT
The Site currently provides users with access to Content (as hereinafter defined) and services applicable to consumers, professionals, businesses and healthcare providers in connection with dental care and the dentistry industry (collectively, "Services"). The Services are strictly provided "AS IS" and "AS AVAILABLE". You understand and agree that we are not liable to you in any manner for your inability to access or use any of the Services. You understand that we shall not be liable to you or any third party for any modification, suspension or discontinuation of any of the Services. "Content" refers to all elements of our Site and Services, all news, information, announcements, Marks (defined below), audio, video, audio-visual, text, graphics, messages, newsletters in electronic or any other form, artwork, illustrations, images, photographs, animations, data, information, databases, designs and all other proprietary information and materials, whether or not copyrightable or otherwise legally protectible, tangible or intangible, including the selection, sequence, "look and feel" and arrangement of items. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated Content in accordance with these Terms of Use. We may terminate this license at any time for any reason. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Content or any portion thereof. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, creative derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any Content without the express prior written authorization of AADC. We reserve any rights not explicitly granted in these Terms of Use. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. Except for user Postings (defined below), Content is either our property or owned by our licensors, operational service providers, Registered Users, Members, sponsors, partners or other third parties and may be protected under U.S. Federal and State, as well as any foreign laws, regulations and international treaties that apply. We make no representations about the accuracy, reliability, usefulness or completeness of any Content and you agree your use of our Site and Services is solely at your own risk. You may only use our Site, Services and Content for non-commercial personal use and your rights are not assignable or transferable. "Marks" refers to trademarks, service marks, logos, brands and brand names, trade dress and trade names and all other distinctive identification. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, national, state and local laws.

2. REGISTRATION AND MEMBERSHIP
We may require each user to provide certain registration data and have a unique login and password combination in order to access and use certain features or functions of the Site (collectively, "Registered Users") including those available only to Active, Associate or Affiliate Members (each a "Membership") of AADC (collectively, "Members"). You agree to provide true, accurate, current and complete registration data and to update your registration data as necessary to maintain it in an up to date and accurate fashion. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") that we collect, use, disclose, manage and store. As a part of the Site and/or Membership registration process, you will submit your unique e-mail address and choose a unique password (your "Login"). Your Login is personal to you and you may not allow any third party to use your Login under any circumstances. We are not liable for any harm caused by or related to the theft or misappropriation of your Login or use of your Membership, disclosure of your Login, or your authorization of anyone else to use your Login. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your Login and/or Membership account or any other need to deactivate your Login and/or Membership Account due to security concerns.

3. MODIFICATIONS
We reserve the right, at any time and from time-to-time, for any reason in our sole discretion, to modify the Site, Content (as defined below) and to change the terms of these Terms of Use. We will post or display notices of material changes on the Site and we may also e-mail you about these changes. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective, it will signify your agreement to comply with and be bound by the changes.

4. THIRD PARTY SITES
You may, from time-to-time, communicate with, receive communications from, be re-directed to, interact with, participate in, use the services of, or obtain goods and services of or from, third parties, such as our sponsors or alliance partners (collectively "Third Party Sites") as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Third Party Sites and we shall not be responsible for or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Third Party Sites or any goods or services that you may purchase or obtain from any Third Party Site).

The appearance, availability, or your use of third party URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, AADC or any of its subsidiaries, affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for, any such Third Party Sites, their business practices (including the Privacy Policy), or any goods or services associated with or obtained in connection with any such site, even where the Site's, logo or sponsorship identification is on the Third Party Site as part of a co-branding or promotional arrangement. If any Third Party Site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability therefore.

5. CONDUCT REQUIREMENTS
Your use of the Site is subject to all applicable federal, national, state and local laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your Login. You shall not use, allow or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:

be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;

affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;

send or result in the transmission of junk e-mail, junk instant messages, chain letters, duplicative or unsolicited messages, or so-called "spamming," "spimming" and "phishing";

be used for commercial or business purposes including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other web site or webpages;

transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;

forge any TCP/IP packet header or part of the header information in any e-mail or forum posting for any reason;

violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;

gain unauthorized access to the Site, other users' Logins, names, passwords, personally identifiable information or other computers, web sites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of these Terms of Use;

impose an unreasonable or disproportionately large load on our infrastructure, modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or

collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

6. POSTINGS
We value our users' comments, suggestions and information. Areas of the Site including, without limitation, our forums and editorial blogs, may provide users with the opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, or other information, messages, transmissions or material to us, the Site or other users ("Post" or "Postings"). You understand, acknowledge and agree that such Postings are the sole responsibility of the user from which such Posting(s) originated. This means that you, the user, and not the Site, are entirely responsible for the consequences of all Postings that you upload, post, transmit, e-mail, instant message or otherwise make available via the Site. Postings do not reflect the views of the Site or AADC. We do not monitor, endorse, edit or screen any of the Postings, although we reserve the right to do so. In no event shall the Site have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever. If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of these Terms of Use, we reserve the right, at any time and without limiting any and all other rights we may have under these Terms of Use, at law and in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of these Terms of Use, including, without limitation, blocking specific IP addresses or deactivating your Login and/or Membership.

If a Posting originates from you or your Login, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize the Site to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of these Terms of Use, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter which may violate any federal, national or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of a user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant us the right to use such Posting as described above; (d) we have the right (but not the obligation) to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made); and (e) you will not be entitled to any compensation because of the use or exploitation by us or any third party of any Postings you make at or through the Site or any ideas or concepts contained therein.

Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

7. DEACTIVATION/TERMINATION OF YOUR LOGIN
You may deactivate your Login at any time and for any reason on the Site by (a) accessing your account information, (b) contacting AADC's Administrative Contact via e-mail at info@aadc.org or (c) via telephone by calling 1-800-896-0707 and requesting that your Login be deactivated. You may be asked to confirm certain Personal Information in order to verify that you are the authorized account holder of the Login in question.

8. DISCLAIMERS AND LIMITATIONS OF LIABILITY
THIS SITE DOES NOT OFFER DENTAL OR MEDICAL ADVICE AND NOTHING CONTAINED IN THE PROGRAM IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR DENTAL OR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTH CARE PROVIDER OR OTHER DENTAL PROFESSIONAL OR SERVICE PROVIDER, LISTED, REFERENCED, LINKED TO OR FEATURED ON THIS SITE. ADVICE RECEIVED VIA THIS SITE SHOULD NOT BE RELIED UPON FOR DENTAL, MEDICAL OR HEALTH DECISIONS AND YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THIS SITE IS NOT A DENTIST, PHYSICIAN OR OTHER HEALTH CARE PROVIDER OR PROFESSIONAL REFERRAL SERVICE. THIS SITE DOES NOT ENDORSE, AND DISCLAIMS ALL RESPONSIBILITY FOR, THE PROFESSIONAL QUALIFICATIONS AND LICENSING OF, AND SERVICES PROVIDED BY ANY DENTIST, PHYSICIAN OR OTHER HEALTH CARE OR DENTAL SERVICE PROVIDER, INCLUDING, BUT NOT LIMITED TO, DENTISTS, PHYSICIANS OR OTHER HEALTH CARE OR DENTAL SERVICE PROVIDERS REFERRED TO YOU THROUGH SERVICES LINKED TO THIS SERVICE. WE AND OUR SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THIS SITE. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR DENTIST, PHYSICIAN OR OTHER QUALIFIED HEALTH CARE OR DENTAL SERVICE PROVIDER PRIOR TO STARTING ANY NEW TREATMENT, RECEIVING ANY SERVICES OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A DENTAL ISSUE AND/OR MEDICAL CONDITION.

THE SITE AND/OR SERVICES PROVIDED BY AADC HEREUNDER WILL NOT MATCH YOU WITH EMPLOYMENT OPPORTUNITIES. AADC WILL NOT (1) PROCURE OR OBTAIN, OR OFFER, PROMISE OR ATTEMPT TO PROCURE, OBTAIN, OR ASSIST IN PROCURING OR OBTAINING, EMPLOYMENT FOR YOU, (2) MAKE YOU AVAILABLE TO EMPLOYERS SEEKING EMPLOYEES ON A PART-TIME OR TEMPORARY ASSIGNMENT BASIS, (3) PROCURE, OBTAIN, OFFER, PROMISE, OR ATTEMPT TO PROCURE OR OBTAIN, EMPLOYMENT OR ENGAGEMENTS FOR YOU OR (4) ACT AS A PLACEMENT FIRM, CAREER COUNSELING SERVICE, OR RESUME SERVICE.

THIS SITE, AND ALL CONTENT AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, CONTENT, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SPONSORS, PROMOTIONAL PARTNERS, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING FROM OUR SERVICES OR YOUR USE OF OUR SERVICES, REGARDLESS OF THE FORM OF ACTION, LEGAL THEORY OR BASIS OF ANY CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

9. INDEMNIFICATION
You agree to indemnify, defend and hold AADC or any of its officers, directors, employees, agents, licensors, representatives, Third Party Sites, operational service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these Terms of Use by you, or public distribution of your Postings.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

10. PRIVACY
We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

11. CHOICE OF LAW
Your use of our Services and your agreement with us is governed by and will be enforced under the laws of the State of Indiana applicable to contracts made, executed and wholly performed in Indiana. You unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Indiana and you will not object on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings.

IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICES, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

12. MISCELLANEOUS
These Terms of Use, together with any Additional Terms, our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and AADC and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. These Terms of Use cannot be changed or terminated orally. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provisions, and these Terms of Use will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use. No action arising out of these Terms of Use or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).