JIACD.com Terms and Conditions
Terms and Conditions: SpecOps Media, LLC
(Last Revised: 28 OCT 2008)
These Terms and Conditions govern your use of websites, publication, and/or services operated by SpecOps Media, LLC (SOM). This includes, but is not limited to the following websites hereinafter collectively referred to as "Websites": http://www.jiacd.com, http://www.dentalimplantjournal.com , http://www.dentalimplantsjournal.com , http://www.dentalimplantmagazine.com , http://www.dentalimplantsmagazine.com.
Your receipt of information and/or any subscription-based services made available through the Websites and your use of such information constitutes an agreement between you and SOM. Some of the services, information, publications, and products available from SOM or third parties through the Websites may also be governed by additional agreements. To the extent that there is any conflict between these Terms and Conditions and any separate written agreement you have executed or otherwise entered into with SOM or any of its subsidiaries regarding any subscription-based services or information available through the Websites, the terms of such separate agreement shall control.
Please read these Terms and Conditions carefully as they impose legal obligations on you and govern your relationship with us. By accessing any of the Websites, publications, or any of the services provided by SOM or any of its subsidiaries, you are acknowledging that you have read and understood these Terms and Conditions and agree, without limitation or qualification, to be legally bound by, and to comply with, them.
In addition, if you subscribe (register) for any of the features or services offered on our Websites, you may be prompted to click an "I Accept", "Submit", or similar button during the registration process. Your clicking of such buttons will further confirm your agreement to be legally bound by these Terms and Conditions and any additional terms and conditions of service that we may present to you at that time.
2. Conditions on Participation
You may use the Websites, publications, and/or services offered by SOM or any of its subsidiaries only if: (i) you are eighteen (18) years of age or older and are of the age of consent in your jurisdiction; (ii) your use of the Websites, publications, and/or services will not violate any law in any applicable jurisdiction, including, but not limited to, United States export controls; (iii) you do not engage in any conduct that will impede, impair or interfere with the functioning of the Websites, publications, and/or services; and (iv) you agree to be bound by and abide by all of the provisions of these Terms and Conditions.
You acknowledge and agree that SOM may terminate your access to the Websites and/or services should you fail to comply with the Terms and Conditions. Any such termination shall be at the sole discretion of SOM and may occur without prior notice, or any notice at all. SOM further reserves the right to terminate anyone's access to the Websites and/or our services for any conduct or activity that SOM, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to SOM, SOM Websites and/or products, or for any conduct or activity that violates any local, state, federal, or foreign laws or regulations. SOM further reserves the right to terminate anyone's access to the Websites and/or our services for any reason or for no reason at all, in SOM's sole discretion, without any prior or other notice.
3. Reservation of Rights
With respect to all SOM Websites, publications, and/or services, all rights are reserved by SOM. No part of any SOM Website, publication, and/or service may be reproduced in any form, by any means, without written consent from SOM.
4. Purpose of SOM Website and/or Services
The Websites, publications, and/or services offered by SOM are made available solely as a convenience to you for general informational purposes only. The Websites, publications, and/or services offered by SOM are in no way intended to replace education, training, or other methods of learning required for the proper implementation of acquired dental knowledge.
5. Disclaimer Regarding Content
While SOM strives to present the most accurate and current information regarding the dental industry on its Websites, publications, and/or services, SOM does not guarantee the accuracy or timeliness of its content.
Reading information in Websites, publications, and/or services does not qualify the reader to incorporate new techniques or procedures discussed in said outlets into their scope of practice. SOM Websites, publications, and/or services users should exercise judgment according to their educational training, clinical experience, and professional expertise when attempting new procedures. SOM and its staff assume no responsibility or liability for the actions of its readers.
Opinions expressed in SOM Websites, publications, and/or services are those of the authors and not necessarily those of SOM. SOM disclaims any responsibility or liability for such material and does not guarantee, warrant, nor endorse any product, procedure, or technique discussed in SOM Websites, services, publications, or affiliated communications. Additionally, SOM does not guarantee any claims made by manufacturers of products advertised in SOM Websites, services, products, publications, or affiliated communications.
6. Ownership of Information; Downloading of Materials; Retransmission and Redistribution of Data
Unless otherwise noted, all rights, titles and interests in and to the Websites, and all information made available through the Websites, publications, and/or the services, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of SOM. To the extent that the Websites, publications, and/or services contain information from third parties pursuant to rights granted as a matter of law (such as principles of “fair use”), SOM owns all rights, titles, and interests (including copyrights), in all languages, formats and media throughout the world, in the selection, arrangement and presentation of such information on the Websites or in the Services, as well as in the selection, arrangement, and presentation of all other content on the Websites and in the Services.
EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY THE PRECEDING PARAGRAPH, YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST OR CIRCULATE ANY OF THE SERVICES OR MATERIALS IN ANY MANNER OR FOR ANY PURPOSES (WHETHER PERSONAL OR BUSINESS) WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF SOM AND/OR THE DATA PROVIDERS. IN ADDITION, YOU SHALL NOT, WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF SOM AND THE RELEVANT DATA PROVIDERS, MAKE COPIES OF ANY OF THE SOFTWARE OR DOCUMENTATION THAT MAY BE PROVIDED, ELECTRONICALLY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TRANSLATING, DECOMPILING, DISASSEMBLING OR CREATING DERIVATIVE WORKS.
YOU FURTHER AGREE NOT TO USE THE SERVICES OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES FOR ANY UNLAWFUL PURPOSE AND AGREE TO COMPLY WITH REASONABLE REQUESTS BY SOM TO PROTECT THE RESPECTIVE RIGHTS OF ESIGNAL, ITS AFFILIATES, LICENSORS AND THE DATA PROVIDERS IN THE SERVICES AND IN THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES.
7. Our Data Providers' Requirements
These Terms and Conditions are subject to any requirements of Data Providers utilized by SOM for the dissemination of information or other various services. SOM agreements with such Data Providers, including such additional financial and contractual requirements as may be imposed by such Data Providers from time to time.
8. Disclaimer regarding Links and Other Third Party Content
The Websites, publications, and/or services may provide you with the ability to access a variety of information, material or other content from third parties ("Third-Party Content"), including through links to other websites and forums on which users or other third parties, themselves, may post Third-Party Content. Whenever you access Third Party Content, YOU PROCEED AT YOUR OWN RISK. You understand and agree that such third parties are solely responsible for any such content, and you further agree that SOM is not, and will not be, liable for any content or other material posted or otherwise provided by third parties. You further acknowledge that SOM does not control the third parties who provide Third-Party Content, does not necessarily (and is not obligated to) review or screen any Third-Party Content either before or after it becomes available through the Websites and Services, and cannot and does not guarantee, attest to, verify, or otherwise warrant that any Third-Party Content is or will be accurate, free from errors, defects or harmful elements, consistent with what it purports to be, appropriate to fit your needs, or otherwise safe or non-objectionable.
You agree that SOM shall not be held liable for any activities that occur on any website you access through links on the Websites. We provide these links as a convenience and do not endorse the content or services offered by these other sites.
Users are prohibited from using the Websites, publications, and/or services to violate any laws or to violate the rights of SOM, or of any third parties.
You further understand that when using the Websites, publications, and/or services, you may be exposed to content that you may find objectionable, distasteful, or harassing to your personal beliefs. You agree that SOM is not, and shall not be, liable for any such material.
9. No Duty To Monitor Websites
You understand and agree that SOM has the right, but not the obligation, to monitor the Websites and to remove content from the Websites for any reason, including content that you submit. You further understand and agree that SOM has the right, but not the obligation, to review content before it is posted to the Websites and to refuse to allow content to be posted for any reason. Any and all decisions on whether or not to retain, disseminate, or remove content posted by users shall be at the discretion of SOM.
10. Subscriber Code of Conduct
When you register as a Subscriber at our Websites, you may gain access to a range of services, including the ability to participate in message forums. You may use the Websites for lawful purposes only. You agree not to post, upload, e-mail, transmit, distribute, or otherwise make available through the Websites any of the following:
- any material that violates any applicable laws, including without limitation the laws of the United States, the laws of any state or commonwealth within the United States, and the laws of any other jurisdiction that may apply;
- any material that restricts or inhibits any other user from using and enjoying the Websites;
- any material that is unlawful, threatening, abusive, harassing, defamatory, obscene, offensive, harmful, obnoxious, pornographic, profane, or indecent, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation;
- any material that contains viruses or any other element or component that has a capacity or potential to interrupt, destroy, interfere with, permit the unauthorized use of, or limit the functionality of any computer software or hardware, any telecommunications equipment, or any communications network;
- any material that violates or infringes the rights of others, including without limitation rights under copyright, trademark, or patent law; rights of privacy or publicity; rights under defamation law; or rights under securities or other applicable law; or
- any material that contains any other harmful or illegal component.
You further agree that you will not:
- utilize Websites, or services provided therein, for promotion of commercial interests unless you have a signed contractual agreement with SOM to advertise said interests.
- alter, damage or delete any material appearing on the Websites;
- disrupt the normal flow of communication on the Websites, such as through “spam” email or by other means;
- claim a relationship with or speak for any business, organization, or person for which you are not authorized to claim such a relationship; or
- violate any operating rule, policy or guideline of your Internet access provider or online service.
You acknowledge and agree that these prohibitions do not, and shall not be construed to, create any rights for you or any third parties. We reserve the right (but do not have any obligation) to prohibit or restrict conduct on the Websites and to edit, block, or remove any content, in whole or in part, which in our sole discretion we believe violates our Subscriber Code of Conduct, or is otherwise objectionable.
If you believe that material has been posted that violates any of these prohibitions, or that should otherwise be removed, please contact SOM at:
11. No Creation of Third-Party Rights
Nothing in these Terms and Conditions shall be construed to create any rights or obligations on behalf of any third parties.
12. Shared Files; Downloadable Information
SOM cannot and does not guarantee or warrant that information available for downloading through the Websites, publications, and/or Services will be free of infection or viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to SOM for the reconstruction of any lost information.
13. Materials You Post; Your License to Other Users
By posting or transmitting, inputting or uploading information or content ("Content") to the Websites, you warrant that such Content does not violate or infringe the rights of any third parties. In addition, you automatically grant SOM, Website users, and Website Subscribers under your intellectual property rights, a royalty-free, perpetual, non-exclusive, worldwide license (with the right to grant sublicenses) to use, copy, modify, distribute, publicly display, perform, and otherwise exploit such Content, without compensation to you.
14. Complaints over Perceived Copyright Infringement
SOM respects intellectual property rights and expects its users to do the same. SOM may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
If you believe that materials posted on our Websites infringe your rights under copyright law in specific materials (collectively, a "Work"), we request that you follow the procedure described below to notify us of your concerns or objections.
15.1. SOM 's Designated Agent: If you believe materials posted on our Websites infringe the copyright in your Work, you must direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns (our "Designated Agent"):
41700 Ivy Street, Suite D
15.2. Content of Notice: Your notice to our Designated Agent should contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property;
- Identification of the copyrighted work that you believe has been infringed;
- Identification of the material on our Websites that you believe is infringing, with sufficient specificity to permit us to locate the material without undue searching; and
- Information reasonably sufficient to permit us to contact you, including an address, telephone number and, if available, an e-mail address;
- A statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information on the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
16. No Advice or Solicitation
The Websites, publications, and/or services are for informational purposes only and should not be used or. You acknowledge and agree that the Websites, publications, and/or services are not intended to replace traditional educational training. SOM Websites, publications, and/or services are intended to stimulate interest in various subjects related to the dental profession. SOM requires that all Website, publication, and/or services users rely on their formal educational training, clinical experience, and professional judgment prior to applying any knowledge gleaned from SOM Websites, publications, and/or services. Additionally, SOM encourages said users to attain additional "hands-on" training with live professional instructors prior to implementing any knowledge gleaned from SOM Websites, publications, and/or services into their daily practice. You acknowledge and agree that the use of the Websites, publications, and/or Services, and any decisions made in reliance upon said items, are made at your own risk.
17. Commercial Product Information
All commercial product information contained on SOM Websites is for informational purposes only. Said products are not guaranteed, endorsed, or warranted by SOM. SOM does not guarantee any claims made by manufacturers of products advertised in SOM Websites, services, products, publications, or affiliated communications. The accuracy of product information contained within Websites, publications, and/or services cannot be guaranteed and are not intended to replace formal product education. SOM is not responsible for user's utilization, proper, improper, or otherwise, of said products. Users should consult official product manuals and/or contact the product manufacturer prior to utilizing any product.
18. Access and Security
You accept responsibility for the confidentiality and use of any access codes, account numbers and customer code numbers that you may receive for your access to and use of Websites, publications, and/or services. You accept responsibility for all time used and all activity that occurs through or under your access codes, customer numbers and/or account numbers. You agree to immediately notify SOM if you become aware of any loss, theft, or unauthorized use of your access codes and/or account numbers.
19. Disclaimer of Warranties and Limitation of Liability
You agree that neither SOM, its affiliates, officers, directors, employees, agents or representatives, nor any of the Data Providers, nor any officer, director, employee, agent, affiliate or representative thereof shall have any liability, contingent or otherwise, for any lack of truthfulness, accuracy or timeliness of the Websites, publications, and/or services; for any lack of truthfulness, accuracy, timeliness, completeness or correct sequencing of the information made available through the Websites, publications, and/or services; for any decision made or action taken by you or anyone else in reliance upon such information or the Websites, publications, and/or services; or for any harm or injury resulting from any interruption or delay of any data, information or any other aspect of the Websites, publications, and/or services; or for any harm or injury resulting from any unsafe, illegal, defective or otherwise inappropriate or objectionable aspect of any information made available through the Websites, publications, and/or services.
THE WEBSITES, PUBLICATIONS, AND/OR SERVICES ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF THE WEBSITES OR SERVICES OR INFORMATION MADE AVAILABLE VIA THE WEBSITES OR SERVICES. YOU RECOGNIZE THAT THE ACCURACY OF ANY SUCH INFORMATION SHOULD BE CHECKED BEFORE YOU RELY ON IT.
IN NO EVENT WILL SOM OR THE DATA PROVIDERS BE LIABLE TO YOU, YOUR CUSTOMERS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, MALPRACTICE, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE WEBSITES OR THE SERVICES), OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE), EVEN IF SOM OR THE DATA PROVIDERS HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING.
YOU ACKNOWLEDGE THAT DOCUMENTS POSTED TO AND CONTENT AVAILABLE AT THE WEBSITES MAY CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. SHOULD YOU DOWNLOAD ANY SUCH MATERIALS FROM THE WEBSITES, IT IS YOUR RESPONSIBILITY TO PERFORM ANY ANTI-VIRUS SCANNING OR OTHER PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE WEBSITES AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA YOU USE IN CONNECTION WITH OUR WEBSITES.
You agree to indemnify and hold harmless SOM, its affiliates, officers, directors, employees, agents and representatives and the Data Providers and their respective officers, directors, employees, agents and representatives, from and against any and all claims, including, but not limited to, any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorney's fees, of every kind and nature, arising from or relating to your use of SOM Websites, publications, and/or services or the information made available through the Websites or the Services, and/or your violation of these Website Terms and Conditions or any third party's rights, including, but not limited to, copyright, proprietary rights, privacy rights, and rights under defamation law.
21. Disclaimer of Right to Sue
You release SOM, including its officers, directors, employees, or any other agents, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute with any user of any of the Websites, publication, and/or services, or arising in any way from content posted to any of the Websites by any third party.
If you are a California resident, you waive California Civil Code § 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
22. Modification and Termination of Websites; Modification of Terms of Conditions
Notwithstanding any provision in these Terms and Conditions, eSignal reserves the right, in its sole discretion, at any time, to change or modify from time to time and/or terminate (i) its Websites, (ii) any particular Services made available via its Websites, or (iii) these Website Terms and Conditions. Your use of our Websites following any such change constitutes your agreement to follow and be bound by the Website Terms and Conditions, as changed.
23. Data Providers Enforcement Right
Data Providers may enforce these Terms and Conditions against you by legal proceedings or other appropriate means.
24. Force Majeure
In addition to applicable disclaimers, stated above, SOM's performance under these Terms and Conditions and the services and/or publications shall be excused in the event of interruption and/or delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, acts of terrorism, power failures, equipment failure, industrial or labor dispute, acts of Data Providers or other third party information providers, third party software or communication method interruption.
25. Entire Agreement
Should any provision of these Terms and Conditions be held to be void, invalid, unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by applicable law, and the validity and enforceability of the other provisions shall not be affected thereby. Failure of any party to enforce any provision of these Terms and Conditions shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
27. Choice of Law; Choice of Forum
These Terms and Conditions shall not be assignable by you, either in whole or in part. SOM reserves the right to assign its rights and obligations under these Terms and Conditions.
29. Your Consent
By using SOM Websites, publications, and/or services, you agree to comply with, and be bound by these Terms and Conditions. If you do not agree with some, or all of these Website Terms and Conditions, you are not authorized to use SOM Websites, publications, and/or services.