TERMS OF USE FOR OFFICE MEMBERS AND WEBSITE USERS

 

Last Updated: May 1, 2017

ACCEPTANCE OF TERMS AND CONDITIONS

 

By using this site, www.dentalexplorernetwork.com, (the "Site"), you ("you", the "Website User" or the “Office Member”) agree to the terms and conditions in this Agreement between you and Dental Explorer Network, LLC (hereinafter, "DentalExplorerNetwork.com", “we” or “us”). If you do not agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), your only recourse is to discontinue use of the Site and the Services the Site offers.

 

A Website User becomes an Office Member (“Office Member”) of the Site once the Website User signs up for a membership account with DentalExplorerNetwork.com. Office Members can access all the features of the Site.

 

DentalExplorerNetwork.com reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read this Agreement containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If DentalExplorerNetwork.com make changes to this Terms of Use and/or Privacy Policy and you continue to use the Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.

 

This Agreement sets forth the terms and conditions that apply to both Website Users and Office Members of the Site. By using this Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof.

 

If you have any questions about these terms, contact DentalExplorerNetwork.com at info at DentalExplorerNetwork.com.

 

 

GENERAL INFORMATION

 

  1. Eligibility. DentalExplorerNetwork.com is a referral website where individuals (collectively, the “Dental Workers” and individually a “Dental Worker”) can offer their services (collectively, the “Services” or individually a “Service”), such as hygienist services, dental assistance services, and front office help. All DentalExplorerNetwork.com users are entitled to use the Site. Users who do not create an account can browse content on the Site but will be unable to use some of the features, including seeing the availability of Dental Workers and their prices for specific Services.
  2. Users. DentalExplorerNetwork.com welcomes Website Users who are 13 years of age and older. Only Office Members can book review information about Dental Workers through the Site.
  3. Modified Terms. DentalExplorerNetwork.com reserves the right at all times to modify any conditions of these Terms of Use and/or our Privacy Policy, a copy of which is available HERE, as DentalExplorerNetwork.com deems necessary or desirable without prior notification to you. Such changes may include, among other things, the adding, or changing of certain fees or charges, the deletion of certain rights, and the requirement of more personal information to maintain Membership. If DentalExplorerNetwork.com makes changes to our Terms of Use and Privacy Policy and you continue to use the Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon DentalExplorerNetwork.com’s posting thereof. Any use of the Site by you after such notice shall be deemed to constitute acceptance by you of such modifications.

 

PARTICIPATING DENTAL WORKERS

 

  1. Participating Dental Worker. All information about the Dental Worker is received from the Dental Worker and unless otherwise stated, DentalExplorerNetwork.com does not guarantee the accuracy of the information provided. DentalExplorerNetwork.com will make available to Office Members what type of background check was performed on the Dental Worker but does not make any guarantees regarding such background check. DentalExplorerNetwork.com does not perform background checks on all Dental Workers nor does it perform the same level of background check on the Dental Workers on whom it does perform background checks. DentalExplorerNetwork.com urges all Office Members to use caution when utilizing Services from a Dental Worker.
  2. Dental Worker Liability. YOU AGREE AND ACKNOWLEDGE THAT THE PRODUCTS AND/OR SERVICES OFFERED BY DENTAL WORKERS THROUGH THIS SITE TO YOU ARE BEING OFFERED BY THE DENTAL WORKER AND THAT DENTALEXPLORERNETWORK.COM MAKES NO GUARANTEE AS TO THE CONDITION OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE TO RELEASE AND HOLD HARMLESS DENTALEXPLORERNETWORK.COM FOR ANY DAMAGES, INCLUDING PHYSICAL, MENTAL, OR MONETARY DAMAGES SUFFERED BY YOU OR A THIRD PARTY RESULTING FROM THE USE OR THIS SITE OR SERVICES BY DENTAL WORKERS THAT ADVERTISE THROUGH THIS SITE. THE ONLY REMEDY FOR ANY DAMAGES IS THROUGH THE DENTAL WORKER.
  3. User Disputes. The Dental Workers offering services are solely responsible for their interactions with you. DentalExplorerNetwork.com reserves the right, but has no obligation, to monitor disputes between you and these Dental Workers.

 

MEMBERSHIP INFORMATION

 

  1. Membership Features. DentalExplorerNetwork.com shall have the right at any time to change or discontinue any aspect or feature of DentalExplorerNetwork.com, including, but not limited to: the type of Services available, the Dental Workers available, the fees to use the Site, the types of forums on the Site, the length of time content is available, the amount of storage space available for Office Members, and the equipment or software needed for access or use of the Site. DentalExplorerNetwork.com may discontinue or eliminate features on the Site, change or eliminate any transmission method of Office Member benefits, and/or change transmission speeds or other signal characteristics on the Site. Further, DentalExplorerNetwork.com may request additional information at any time by Office Members to update or enhance Office Member benefits or to enhance the benefits and/or use of the Site.
  2. Registration Data; Account Security. In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification or, if you release your account information to a third party, be responsible for all actions on your account done by that third party; (c) maintain and promptly update the Registration Data, and any other information you provide to DentalExplorerNetwork.com, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.  Should you believe that the security of your account has been compromised in any manner, it is your responsibility to contact DentalExplorerNetwork.com immediately.
  3. Membership. While Website Users may browse many areas of the Site, to access the some of features of the Site, you must have an account on the Site (“Membership”).
  4. Accounts. Each location of a dental office must have its own account to use the Site. If a dental office has more than one location, each location must have its own account.
  5. Termination by DentalExplorerNetwork.com. DentalExplorerNetwork.com may terminate this Agreement at any time. Without limiting the foregoing, DentalExplorerNetwork.com shall have the right to immediately terminate membership of any Office Member or accounts of any Website User in the event of any conduct by that person that DentalExplorerNetwork.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Website User or Office Member of this Agreement. DentalExplorerNetwork.com may terminate your membership, delete any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you have accessed this Site and are under 13 year of age or violate these Terms of Service. DentalExplorerNetwork.com may also terminate your use of the Site if you have too many bad reviews from Dental Workers.
  6. Termination by Office Member. Office Member may terminate their Membership by deleting their account.

 

RECEIVING SERVICES

 

  1. Booking Services. Once you have created an account, you will be able to find a Dental Worker for a specific Service. The fees associated with the Service will be listed on the Site. You will receive the contact information for the Dental Worker so that you can directly contact the Dental Worker to ensure availability and schedule with the Dental Worker directly.
  2. Fees. At this time, DentalExplorerNetwork.com does not charge a booking fee. DentalExplorerNetwork.com charges either a Daily, Monthly, or Annual Fee (collectively, the “Fees”). If you choose the Daily Fee, you will have access to view the Dental Workers for a 24-hour period and may receive contact information for up to five Dental Workers. If you choose the Monthly Fee, you will have access to the Site for 30 days with unlimited access to Dental Worker contact information. If you choose the Annual Fee, you will have access to the Site for one year from the date you join and will have unlimited access to Dental Worker contact information. The Fees paid to the Site are for use of the Site only.
  3. Payment for Services. DentalExplorerNetwork.com does not collect any fees from you for the Services. You are required to pay the Dental Worker for the Services at the time of Service.
  4. Employment of Dental Workers. DentalExplorerNetwork.com does not employ any of the Dental Workers. It is your responsibility to check with your legal and tax advisers if you should treat any Dental Worker that you use as an employee for tax and legal purposes.
  5. Communications with Dental Workers. Communications with Dental Workers and you are not monitored nor are they stored. Please keep copies of all communications with Dental Workers.
  6. No Guaranteed Placements. You agree and acknowledge that DentalExplorerNetwork.com does not guarantee that a Dental Worker will be available on the day, or if available for any certain price, that you are searching for a Dental Worker.
  7. Choosing of Dental Workers. You agree and acknowledge that Dental Workers may be contacted by multiple Dental Offices to provide services on the same day. DentalExplorerNetwork.com does not have control over which Dental Office the Dental Worker chooses to work with.
  8. Injuries. You understand and acknowledge that DentalExplorerNetwork.com does not provide worker’s compensation insurance or medical insurance to any Dental Worker.  It is your responsibility to determine if you should maintain both worker’s compensation and medical insurance when you use a Dental Worker.
  9. Insurance. DentalExplorerNetwork.com does not provide any insurance of any type for Dental Workers. You are required to determine what type of insurance, if any, a Dental Worker and/or your office carries liability insurance relative to any Service that the Dental Worker performs for you.  
  10. Reviews. DentalExplorerNetwork.com allows both Office Members and Dental Offices to review those who they have worked with. DentalExplorerNetwork.com has the right to approve all reviews and delete reviews for any reason.

 

USE OF SITE

 

  1. Your Use of the Site. You may use the Site only as permitted by these Terms of Use and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States. You agree not to use any deep-linking, robots, spiders, data-mining, or other automatic or manual device, software, program, code, algorithm, or methodology to access, copy, or monitor any portion of the Site or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site. We reserve the right to take measures to prevent any such activity. You further agree: (a) not to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails, or other unsolicited communications; (b) not to use this Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site; (c) not to use automated scripts to collect information from or otherwise interact with the Site; (d) not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site; and/or, (e) not to impersonate or pretend that you are any other person or falsely claim you represent another person.
  2. User Communications and User Content. By submitting material to this Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, forum postings, comments on blogs, techniques, questions, comments or other communication, whether such submission is by a public feature of the Site (i.e. forum area, blog comments, etc.) or by private transmission (i.e. email to DentalExplorerNetwork.com, letter to DentalExplorerNetwork.com), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity.  Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted DentalExplorerNetwork.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other users to access, view, store, or reproduce the material if posted in a public area of the Site for that user's personal use. You hereby grant DentalExplorerNetwork.com the right to edit, copy, publish and distribute any material made available on this Site by you, including, but not limited to, information, suggestions, ideas, events, comments, commentary, and other postings. You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that DentalExplorerNetwork.com shall be under no obligation: (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use, return, review or respond to any User Communication.
  3. No Liability for User Communication. DentalExplorerNetwork.com has no liability related to the content of any User Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You warrant, certify, and represent that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective states of residence; and you grant the right to DentalExplorerNetwork.com to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalves. If any of the individuals depicted in any User Communication are minors in their respective states of residence, you certify, warrant and represent that you are the parent or legal custodian of each such individual and you grant the use of the media containing his/her depiction in accordance with these Terms of Use.
  4. User-Generated Content Rules. If you become aware of any violation of these Terms of Use or other unacceptable behavior by any user, you should report such activity to DentalExplorerNetwork.com by emailing DentalExplorerNetwork.com at info at DentalExplorerNetwork.com. If you post information on the Site, you are solely responsible for each User Communication that you post on the Site or transmit to other users and agree that you will not hold DentalExplorerNetwork.com responsible or liable for any User Communication from another user that you access on the Site. Moreover, DentalExplorerNetwork.com reserves the right to delete any User Communication from the Site for any reason. Categories of prohibited User Communications are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User Communications. Without limitation, you agree that you will not post or transmit to other users anything that you know or reasonably believe: (a) is defamatory, abusive, obscene, profane or offensive; (b) infringes or violates another party’s intellectual property rights, including any party’s right of publicity or right of privacy; (c) violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) is threatening, harassing or that promotes racism, bigotry or hatred of any kind against any group or individual; (e) promotes or encourages violence against a person or damage or destruction of property; (f) is inaccurate, false or misleading in any way; (g) is illegal or promotes any illegal activities; (h) promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures; (i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or (j) contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. You understand that when using the Site, you will be exposed to User Communications from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications. You may not resell use of, or access to, the Site to any third party.
  5. Monitoring. DentalExplorerNetwork.com shall have the right to monitor the content of the Site at all times, including viewing of any personal information in an Office Member’s account on the Site, to determine compliance with this Agreement and any operating rules established by DentalExplorerNetwork.com, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, DentalExplorerNetwork.com shall have the right to remove any material that DentalExplorerNetwork.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable including, but not limited to, reviews of other users of the Site, advertisers, or information posted in forums.
  6. Privacy. DentalExplorerNetwork.com cares about the privacy of our Website Users. Click here to view DentalExplorerNetwork.com’s Privacy Policy.

 

UPTIME AND EQUIPMENT

 

  1. Security and Uptime. You acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of DentalExplorerNetwork.com. While DentalExplorerNetwork.com makes reasonable precautions against loss or theft of data, DentalExplorerNetwork.com shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is DentalExplorerNetwork.com’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance. Therefore, it is your responsibility to keep copies of any data you upload to the Site.
  2. Equipment. You are responsible for obtaining and maintaining all internet connections, computer hardware, printers, and other equipment needed for access to and use of this Site, including purchasing any software necessary to view or use parts of the Site. You are responsible for all charges related to the obtaining and maintaining of that equipment, including any charges for software or charges to access the Internet. DentalExplorerNetwork.com shall not be liable for any damages to Website User's equipment resulting from the use of this Site.

 

INTELLECTUAL PROPERTY

 

  1. Copyright. All content on the Site, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of DentalExplorerNetwork.com with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without DentalExplorerNetwork.com’s prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject Website User to civil and/or criminal penalties. This Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of DentalExplorerNetwork.com protected by copyright as a collective work under the United States copyright laws. DentalExplorerNetwork.com owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Website User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Website User may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. DentalExplorerNetwork.com does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The foregoing provisions of Section 31 apply equally to and are for the benefit of DentalExplorerNetwork.com, its subsidiaries, affiliates, third party content providers, and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
  2. Trademarks. DentalExplorerNetwork.com and Dental Explorer Network are trademarks of Dental Explorer Network, LLC. All rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on DentalExplorerNetwork.com are the property of their respective owners. Trademarks that are located on the Site shall not be deemed to be in the public domain but rather the exclusive property of Dental Explorer Network, LLC, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of DentalExplorerNetwork.com, unless otherwise stated.
  3. Copyright, Trademark, and Intellectual Property Complaints. DentalExplorerNetwork.com respects the intellectual property rights of others. DentalExplorerNetwork.com prohibits Website Users from uploading, posting, or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When DentalExplorerNetwork.com receives proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, DentalExplorerNetwork.com promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another’s rights as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please see our Copyright Policy for more information on how to report infringement of your copyright. DentalExplorerNetwork.com may, at its sole discretion, terminate Website Users and/or Office Members who are deemed by DentalExplorerNetwork.com to be have committed copyright infringement, whether or not there is any repeat infringement.

 

THIRD PARTY SITES

 

  1. Third Party Websites and Content. The Site may contains links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by DentalExplorerNetwork.com. DentalExplorerNetwork.com is not responsible for any Third Party Sites accessed through the Site or any content posted by any Website Users on this Site or any Third Party Sites regarding DentalExplorerNetwork.com. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that DentalExplorerNetwork.com’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site.
  2. Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) and not of DentalExplorerNetwork.com. Neither DentalExplorerNetwork.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

 

WARRANTIES, DISCLAIMERS

 

  1. Disclaimer of Warranty; Limitation of Liability. WEBSITE USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT WEBSITE USER'S SOLE RISK. IN NO EVENT WILL DENTALEXPLORERNETWORK.COM OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR RESULTING FROM THE USE OF AN DENTAL WORKER THAT ADVERTISES ON THIS SITE. NEITHER DENTALEXPLORERNETWORK.COM, ITS AFFILIATES NOR ANY OF THEIR DIRECTORS, MEMBERS, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED ON THIS SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM THE USE OF THIS SITE. WEBSITE USER SPECIFICALLY ACKNOWLEDGES THAT DENTALEXPLORERNETWORK.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THAT USER AND/OR THIRD PARTY. IN NO EVENT SHALL DENTALEXPLORERNETWORK.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING ANY SOFTWARE OR RESUMES THAT YOU DOWNLOAD FROM THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. WEBSITE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.
  2. No Liability of Partners. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER DENTALEXPLORERNETWORK.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE WEBSITE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION INJURIES, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
  3. As-Is Basis. MEMBERSHIP IN DENTALEXPLORERNETWORK.COM AND THE USE OF THIS SITE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS 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 IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
  4. No Responsibility for User Content. DENTALEXPLORERNETWORK.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, AN ADVERTISER, A DENTAL OFFICE, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY DENTALEXPLORERNETWORK.COM. MOREOVER, DENTALEXPLORERNETWORK.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT DENTALEXPLORERNETWORK.COM DEEMS UNSUITABLE, INCLUDING CONTENT POSTED BY MEMBERS FOR USE IN HIS OR HER PROFILE AND/OR ON THE MEMBER’S REVIEWS. BY USE OF THIS SITE, WEBSITE USER AGREES THAT HIS OR HER CONTENT MAY BE REMOVED ANYTIME BY DENTALEXPLORERNETWORK.COM.
  5. Limitation of Liability. DENTALEXPLORERNETWORK.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO DENTALEXPLORERNETWORK.COM, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM DENTALEXPLORERNETWORK.COM, REGARDLESS OF THE CAUSE OF ACTION.
  6. State Law Limitations. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

MISCELLANOUS

 

  1. Waiver. The waiver by DentalExplorerNetwork.com of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by DentalExplorerNetwork.com.
  2. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
  3. Governing Law; Venue and Jurisdiction. By using the Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and DentalExplorerNetwork.com or any of DentalExplorerNetwork.com’s affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.
  4. Attorney Fees and Collection Costs. In the event that litigation results from or arises out of this Agreement or the performance thereof, you agree that should DentalExplorerNetwork.com prevail, you will reimburse DentalExplorerNetwork.com’s reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled, including, but not limited to, any costs of collection. 
  5. Indemnity. You agree to indemnify and hold DentalExplorerNetwork.com, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
  6. Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 

    TERMS OF USE FOR OFFICE MEMBERS AND WEBSITE USERS

     

    Last Updated: May 1, 2017

     

    ACCEPTANCE OF TERMS AND CONDITIONS

     

    By using this site, www.dentalexplorernetwork.com, (the "Site"), you ("you", the "Website User" or the “Office Member”) agree to the terms and conditions in this Agreement between you and Dental Explorer Network, LLC (hereinafter, "DentalExplorerNetwork.com", “we” or “us”). If you do not agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), your only recourse is to discontinue use of the Site and the Services the Site offers.

     

    A Website User becomes an Office Member (“Office Member”) of the Site once the Website User signs up for a membership account with DentalExplorerNetwork.com. Office Members can access all the features of the Site.

     

    DentalExplorerNetwork.com reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read this Agreement containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If DentalExplorerNetwork.com make changes to this Terms of Use and/or Privacy Policy and you continue to use the Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.

     

    This Agreement sets forth the terms and conditions that apply to both Website Users and Office Members of the Site. By using this Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof.

     

    If you have any questions about these terms, contact DentalExplorerNetwork.com at info at DentalExplorerNetwork.com.

     

     

    GENERAL INFORMATION

     

  7. Eligibility. DentalExplorerNetwork.com is a referral website where individuals (collectively, the “Dental Workers” and individually a “Dental Worker”) can offer their services (collectively, the “Services” or individually a “Service”), such as hygienist services, dental assistance services, and front office help. All DentalExplorerNetwork.com users are entitled to use the Site. Users who do not create an account can browse content on the Site but will be unable to use some of the features, including seeing the availability of Dental Workers and their prices for specific Services.
  8. Users. DentalExplorerNetwork.com welcomes Website Users who are 13 years of age and older. Only Office Members can book review information about Dental Workers through the Site.
  9. Modified Terms. DentalExplorerNetwork.com reserves the right at all times to modify any conditions of these Terms of Use and/or our Privacy Policy, a copy of which is available HERE, as DentalExplorerNetwork.com deems necessary or desirable without prior notification to you. Such changes may include, among other things, the adding, or changing of certain fees or charges, the deletion of certain rights, and the requirement of more personal information to maintain Membership. If DentalExplorerNetwork.com makes changes to our Terms of Use and Privacy Policy and you continue to use the Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon DentalExplorerNetwork.com’s posting thereof. Any use of the Site by you after such notice shall be deemed to constitute acceptance by you of such modifications.
  10.  

    PARTICIPATING DENTAL WORKERS

     

  11. Participating Dental Worker. All information about the Dental Worker is received from the Dental Worker and unless otherwise stated, DentalExplorerNetwork.com does not guarantee the accuracy of the information provided. DentalExplorerNetwork.com will make available to Office Members what type of background check was performed on the Dental Worker but does not make any guarantees regarding such background check. DentalExplorerNetwork.com does not perform background checks on all Dental Workers nor does it perform the same level of background check on the Dental Workers on whom it does perform background checks. DentalExplorerNetwork.com urges all Office Members to use caution when utilizing Services from a Dental Worker.
  12. Dental Worker Liability. YOU AGREE AND ACKNOWLEDGE THAT THE PRODUCTS AND/OR SERVICES OFFERED BY DENTAL WORKERS THROUGH THIS SITE TO YOU ARE BEING OFFERED BY THE DENTAL WORKER AND THAT DENTALEXPLORERNETWORK.COM MAKES NO GUARANTEE AS TO THE CONDITION OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE TO RELEASE AND HOLD HARMLESS DENTALEXPLORERNETWORK.COM FOR ANY DAMAGES, INCLUDING PHYSICAL, MENTAL, OR MONETARY DAMAGES SUFFERED BY YOU OR A THIRD PARTY RESULTING FROM THE USE OR THIS SITE OR SERVICES BY DENTAL WORKERS THAT ADVERTISE THROUGH THIS SITE. THE ONLY REMEDY FOR ANY DAMAGES IS THROUGH THE DENTAL WORKER.
  13. User Disputes. The Dental Workers offering services are solely responsible for their interactions with you. DentalExplorerNetwork.com reserves the right, but has no obligation, to monitor disputes between you and these Dental Workers.
  14.  

    MEMBERSHIP INFORMATION

     

  15. Membership Features. DentalExplorerNetwork.com shall have the right at any time to change or discontinue any aspect or feature of DentalExplorerNetwork.com, including, but not limited to: the type of Services available, the Dental Workers available, the fees to use the Site, the types of forums on the Site, the length of time content is available, the amount of storage space available for Office Members, and the equipment or software needed for access or use of the Site. DentalExplorerNetwork.com may discontinue or eliminate features on the Site, change or eliminate any transmission method of Office Member benefits, and/or change transmission speeds or other signal characteristics on the Site. Further, DentalExplorerNetwork.com may request additional information at any time by Office Members to update or enhance Office Member benefits or to enhance the benefits and/or use of the Site.
  16. Registration Data; Account Security. In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification or, if you release your account information to a third party, be responsible for all actions on your account done by that third party; (c) maintain and promptly update the Registration Data, and any other information you provide to DentalExplorerNetwork.com, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.  Should you believe that the security of your account has been compromised in any manner, it is your responsibility to contact DentalExplorerNetwork.com immediately.
  17. Membership. While Website Users may browse many areas of the Site, to access the some of features of the Site, you must have an account on the Site (“Membership”).
  18. Accounts. Each location of a dental office must have its own account to use the Site. If a dental office has more than one location, each location must have its own account.
  19. Termination by DentalExplorerNetwork.com. DentalExplorerNetwork.com may terminate this Agreement at any time. Without limiting the foregoing, DentalExplorerNetwork.com shall have the right to immediately terminate membership of any Office Member or accounts of any Website User in the event of any conduct by that person that DentalExplorerNetwork.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Website User or Office Member of this Agreement. DentalExplorerNetwork.com may terminate your membership, delete any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you have accessed this Site and are under 13 year of age or violate these Terms of Service. DentalExplorerNetwork.com may also terminate your use of the Site if you have too many bad reviews from Dental Workers.
  20. Termination by Office Member. Office Member may terminate their Membership by deleting their account.
  21.  

    RECEIVING SERVICES

     

  22. Booking Services. Once you have created an account, you will be able to find a Dental Worker for a specific Service. The fees associated with the Service will be listed on the Site. You will receive the contact information for the Dental Worker so that you can directly contact the Dental Worker to ensure availability and schedule with the Dental Worker directly.
  23. Fees. At this time, DentalExplorerNetwork.com does not charge a booking fee. DentalExplorerNetwork.com charges either a Daily, Monthly, or Annual Fee (collectively, the “Fees”). If you choose the Daily Fee, you will have access to view the Dental Workers for a 24-hour period and may receive contact information for up to five Dental Workers. If you choose the Monthly Fee, you will have access to the Site for 30 days with unlimited access to Dental Worker contact information. If you choose the Annual Fee, you will have access to the Site for one year from the date you join and will have unlimited access to Dental Worker contact information. The Fees paid to the Site are for use of the Site only.
  24. Payment for Services. DentalExplorerNetwork.com does not collect any fees from you for the Services. You are required to pay the Dental Worker for the Services at the time of Service.
  25. Employment of Dental Workers. DentalExplorerNetwork.com does not employ any of the Dental Workers. It is your responsibility to check with your legal and tax advisers if you should treat any Dental Worker that you use as an employee for tax and legal purposes.
  26. Communications with Dental Workers. Communications with Dental Workers and you are not monitored nor are they stored. Please keep copies of all communications with Dental Workers.
  27. No Guaranteed Placements. You agree and acknowledge that DentalExplorerNetwork.com does not guarantee that a Dental Worker will be available on the day, or if available for any certain price, that you are searching for a Dental Worker.
  28. Choosing of Dental Workers. You agree and acknowledge that Dental Workers may be contacted by multiple Dental Offices to provide services on the same day. DentalExplorerNetwork.com does not have control over which Dental Office the Dental Worker chooses to work with.
  29. Injuries. You understand and acknowledge that DentalExplorerNetwork.com does not provide worker’s compensation insurance or medical insurance to any Dental Worker.  It is your responsibility to determine if you should maintain both worker’s compensation and medical insurance when you use a Dental Worker.
  30. Insurance. DentalExplorerNetwork.com does not provide any insurance of any type for Dental Workers. You are required to determine what type of insurance, if any, a Dental Worker and/or your office carries liability insurance relative to any Service that the Dental Worker performs for you.  
  31. Reviews. DentalExplorerNetwork.com allows both Office Members and Dental Offices to review those who they have worked with. DentalExplorerNetwork.com has the right to approve all reviews and delete reviews for any reason.
  32.  

    USE OF SITE

     

  33. Your Use of the Site. You may use the Site only as permitted by these Terms of Use and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States. You agree not to use any deep-linking, robots, spiders, data-mining, or other automatic or manual device, software, program, code, algorithm, or methodology to access, copy, or monitor any portion of the Site or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site. We reserve the right to take measures to prevent any such activity. You further agree: (a) not to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails, or other unsolicited communications; (b) not to use this Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site; (c) not to use automated scripts to collect information from or otherwise interact with the Site; (d) not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site; and/or, (e) not to impersonate or pretend that you are any other person or falsely claim you represent another person.
  34. User Communications and User Content. By submitting material to this Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, forum postings, comments on blogs, techniques, questions, comments or other communication, whether such submission is by a public feature of the Site (i.e. forum area, blog comments, etc.) or by private transmission (i.e. email to DentalExplorerNetwork.com, letter to DentalExplorerNetwork.com), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity.  Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted DentalExplorerNetwork.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other users to access, view, store, or reproduce the material if posted in a public area of the Site for that user's personal use. You hereby grant DentalExplorerNetwork.com the right to edit, copy, publish and distribute any material made available on this Site by you, including, but not limited to, information, suggestions, ideas, events, comments, commentary, and other postings. You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that DentalExplorerNetwork.com shall be under no obligation: (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use, return, review or respond to any User Communication.
  35. No Liability for User Communication. DentalExplorerNetwork.com has no liability related to the content of any User Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You warrant, certify, and represent that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective states of residence; and you grant the right to DentalExplorerNetwork.com to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalves. If any of the individuals depicted in any User Communication are minors in their respective states of residence, you certify, warrant and represent that you are the parent or legal custodian of each such individual and you grant the use of the media containing his/her depiction in accordance with these Terms of Use.
  36. User-Generated Content Rules. If you become aware of any violation of these Terms of Use or other unacceptable behavior by any user, you should report such activity to DentalExplorerNetwork.com by emailing DentalExplorerNetwork.com at info at DentalExplorerNetwork.com. If you post information on the Site, you are solely responsible for each User Communication that you post on the Site or transmit to other users and agree that you will not hold DentalExplorerNetwork.com responsible or liable for any User Communication from another user that you access on the Site. Moreover, DentalExplorerNetwork.com reserves the right to delete any User Communication from the Site for any reason. Categories of prohibited User Communications are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User Communications. Without limitation, you agree that you will not post or transmit to other users anything that you know or reasonably believe: (a) is defamatory, abusive, obscene, profane or offensive; (b) infringes or violates another party’s intellectual property rights, including any party’s right of publicity or right of privacy; (c) violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) is threatening, harassing or that promotes racism, bigotry or hatred of any kind against any group or individual; (e) promotes or encourages violence against a person or damage or destruction of property; (f) is inaccurate, false or misleading in any way; (g) is illegal or promotes any illegal activities; (h) promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures; (i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or (j) contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. You understand that when using the Site, you will be exposed to User Communications from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications. You may not resell use of, or access to, the Site to any third party.
  37. Monitoring. DentalExplorerNetwork.com shall have the right to monitor the content of the Site at all times, including viewing of any personal information in an Office Member’s account on the Site, to determine compliance with this Agreement and any operating rules established by DentalExplorerNetwork.com, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, DentalExplorerNetwork.com shall have the right to remove any material that DentalExplorerNetwork.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable including, but not limited to, reviews of other users of the Site, advertisers, or information posted in forums.
  38. Privacy. DentalExplorerNetwork.com cares about the privacy of our Website Users. Click here to view DentalExplorerNetwork.com’s Privacy Policy.
  39.  

    UPTIME AND EQUIPMENT

     

  40. Security and Uptime. You acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of DentalExplorerNetwork.com. While DentalExplorerNetwork.com makes reasonable precautions against loss or theft of data, DentalExplorerNetwork.com shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is DentalExplorerNetwork.com’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance. Therefore, it is your responsibility to keep copies of any data you upload to the Site.
  41. Equipment. You are responsible for obtaining and maintaining all internet connections, computer hardware, printers, and other equipment needed for access to and use of this Site, including purchasing any software necessary to view or use parts of the Site. You are responsible for all charges related to the obtaining and maintaining of that equipment, including any charges for software or charges to access the Internet. DentalExplorerNetwork.com shall not be liable for any damages to Website User's equipment resulting from the use of this Site.
  42.  

    INTELLECTUAL PROPERTY

     

  43. Copyright. All content on the Site, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of DentalExplorerNetwork.com with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without DentalExplorerNetwork.com’s prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject Website User to civil and/or criminal penalties. This Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of DentalExplorerNetwork.com protected by copyright as a collective work under the United States copyright laws. DentalExplorerNetwork.com owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Website User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Website User may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. DentalExplorerNetwork.com does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The foregoing provisions of Section 31 apply equally to and are for the benefit of DentalExplorerNetwork.com, its subsidiaries, affiliates, third party content providers, and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
  44. Trademarks. DentalExplorerNetwork.com and Dental Explorer Network are trademarks of Dental Explorer Network, LLC. All rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on DentalExplorerNetwork.com are the property of their respective owners. Trademarks that are located on the Site shall not be deemed to be in the public domain but rather the exclusive property of Dental Explorer Network, LLC, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of DentalExplorerNetwork.com, unless otherwise stated.
  45. Copyright, Trademark, and Intellectual Property Complaints. DentalExplorerNetwork.com respects the intellectual property rights of others. DentalExplorerNetwork.com prohibits Website Users from uploading, posting, or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When DentalExplorerNetwork.com receives proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, DentalExplorerNetwork.com promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another’s rights as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please see our Copyright Policy for more information on how to report infringement of your copyright. DentalExplorerNetwork.com may, at its sole discretion, terminate Website Users and/or Office Members who are deemed by DentalExplorerNetwork.com to be have committed copyright infringement, whether or not there is any repeat infringement.
  46.  

    THIRD PARTY SITES

     

  47. Third Party Websites and Content. The Site may contains links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by DentalExplorerNetwork.com. DentalExplorerNetwork.com is not responsible for any Third Party Sites accessed through the Site or any content posted by any Website Users on this Site or any Third Party Sites regarding DentalExplorerNetwork.com. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that DentalExplorerNetwork.com’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site.
  48. Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) and not of DentalExplorerNetwork.com. Neither DentalExplorerNetwork.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
  49.  

    WARRANTIES, DISCLAIMERS

     

  50. Disclaimer of Warranty; Limitation of Liability. WEBSITE USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT WEBSITE USER'S SOLE RISK. IN NO EVENT WILL DENTALEXPLORERNETWORK.COM OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR RESULTING FROM THE USE OF AN DENTAL WORKER THAT ADVERTISES ON THIS SITE. NEITHER DENTALEXPLORERNETWORK.COM, ITS AFFILIATES NOR ANY OF THEIR DIRECTORS, MEMBERS, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED ON THIS SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM THE USE OF THIS SITE. WEBSITE USER SPECIFICALLY ACKNOWLEDGES THAT DENTALEXPLORERNETWORK.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THAT USER AND/OR THIRD PARTY. IN NO EVENT SHALL DENTALEXPLORERNETWORK.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING ANY SOFTWARE OR RESUMES THAT YOU DOWNLOAD FROM THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. WEBSITE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.
  51. No Liability of Partners. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER DENTALEXPLORERNETWORK.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE WEBSITE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION INJURIES, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
  52. As-Is Basis. MEMBERSHIP IN DENTALEXPLORERNETWORK.COM AND THE USE OF THIS SITE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS 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 IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
  53. No Responsibility for User Content. DENTALEXPLORERNETWORK.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, AN ADVERTISER, A DENTAL OFFICE, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY DENTALEXPLORERNETWORK.COM. MOREOVER, DENTALEXPLORERNETWORK.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT DENTALEXPLORERNETWORK.COM DEEMS UNSUITABLE, INCLUDING CONTENT POSTED BY MEMBERS FOR USE IN HIS OR HER PROFILE AND/OR ON THE MEMBER’S REVIEWS. BY USE OF THIS SITE, WEBSITE USER AGREES THAT HIS OR HER CONTENT MAY BE REMOVED ANYTIME BY DENTALEXPLORERNETWORK.COM.
  54. Limitation of Liability. DENTALEXPLORERNETWORK.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO DENTALEXPLORERNETWORK.COM, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM DENTALEXPLORERNETWORK.COM, REGARDLESS OF THE CAUSE OF ACTION.
  55. State Law Limitations. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  56.  

    MISCELLANOUS

     

  57. Waiver. The waiver by DentalExplorerNetwork.com of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by DentalExplorerNetwork.com.
  58. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
  59. Governing Law; Venue and Jurisdiction. By using the Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and DentalExplorerNetwork.com or any of DentalExplorerNetwork.com’s affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.
  60. Attorney Fees and Collection Costs. In the event that litigation results from or arises out of this Agreement or the performance thereof, you agree that should DentalExplorerNetwork.com prevail, you will reimburse DentalExplorerNetwork.com’s reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled, including, but not limited to, any costs of collection. 
  61. Indemnity. You agree to indemnify and hold DentalExplorerNetwork.com, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
  62. Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 

    TERMS OF USE FOR OFFICE MEMBERS AND WEBSITE USERS

     

    Last Updated: May 1, 2017

     

    ACCEPTANCE OF TERMS AND CONDITIONS

     

    By using this site, www.dentalexplorernetwork.com, (the "Site"), you ("you", the "Website User" or the “Office Member”) agree to the terms and conditions in this Agreement between you and Dental Explorer Network, LLC (hereinafter, "DentalExplorerNetwork.com", “we” or “us”). If you do not agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), your only recourse is to discontinue use of the Site and the Services the Site offers.

     

    A Website User becomes an Office Member (“Office Member”) of the Site once the Website User signs up for a membership account with DentalExplorerNetwork.com. Office Members can access all the features of the Site.

     

    DentalExplorerNetwork.com reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read this Agreement containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If DentalExplorerNetwork.com make changes to this Terms of Use and/or Privacy Policy and you continue to use the Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.

     

    This Agreement sets forth the terms and conditions that apply to both Website Users and Office Members of the Site. By using this Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof.

     

    If you have any questions about these terms, contact DentalExplorerNetwork.com at info at DentalExplorerNetwork.com.

     

     

    GENERAL INFORMATION

     

  63. Eligibility. DentalExplorerNetwork.com is a referral website where individuals (collectively, the “Dental Workers” and individually a “Dental Worker”) can offer their services (collectively, the “Services” or individually a “Service”), such as hygienist services, dental assistance services, and front office help. All DentalExplorerNetwork.com users are entitled to use the Site. Users who do not create an account can browse content on the Site but will be unable to use some of the features, including seeing the availability of Dental Workers and their prices for specific Services.
  64. Users. DentalExplorerNetwork.com welcomes Website Users who are 13 years of age and older. Only Office Members can book review information about Dental Workers through the Site.
  65. Modified Terms. DentalExplorerNetwork.com reserves the right at all times to modify any conditions of these Terms of Use and/or our Privacy Policy, a copy of which is available HERE, as DentalExplorerNetwork.com deems necessary or desirable without prior notification to you. Such changes may include, among other things, the adding, or changing of certain fees or charges, the deletion of certain rights, and the requirement of more personal information to maintain Membership. If DentalExplorerNetwork.com makes changes to our Terms of Use and Privacy Policy and you continue to use the Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon DentalExplorerNetwork.com’s posting thereof. Any use of the Site by you after such notice shall be deemed to constitute acceptance by you of such modifications.
  66.  

    PARTICIPATING DENTAL WORKERS

     

  67. Participating Dental Worker. All information about the Dental Worker is received from the Dental Worker and unless otherwise stated, DentalExplorerNetwork.com does not guarantee the accuracy of the information provided. DentalExplorerNetwork.com will make available to Office Members what type of background check was performed on the Dental Worker but does not make any guarantees regarding such background check. DentalExplorerNetwork.com does not perform background checks on all Dental Workers nor does it perform the same level of background check on the Dental Workers on whom it does perform background checks. DentalExplorerNetwork.com urges all Office Members to use caution when utilizing Services from a Dental Worker.
  68. Dental Worker Liability. YOU AGREE AND ACKNOWLEDGE THAT THE PRODUCTS AND/OR SERVICES OFFERED BY DENTAL WORKERS THROUGH THIS SITE TO YOU ARE BEING OFFERED BY THE DENTAL WORKER AND THAT DENTALEXPLORERNETWORK.COM MAKES NO GUARANTEE AS TO THE CONDITION OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE TO RELEASE AND HOLD HARMLESS DENTALEXPLORERNETWORK.COM FOR ANY DAMAGES, INCLUDING PHYSICAL, MENTAL, OR MONETARY DAMAGES SUFFERED BY YOU OR A THIRD PARTY RESULTING FROM THE USE OR THIS SITE OR SERVICES BY DENTAL WORKERS THAT ADVERTISE THROUGH THIS SITE. THE ONLY REMEDY FOR ANY DAMAGES IS THROUGH THE DENTAL WORKER.
  69. User Disputes. The Dental Workers offering services are solely responsible for their interactions with you. DentalExplorerNetwork.com reserves the right, but has no obligation, to monitor disputes between you and these Dental Workers.
  70.  

    MEMBERSHIP INFORMATION

     

  71. Membership Features. DentalExplorerNetwork.com shall have the right at any time to change or discontinue any aspect or feature of DentalExplorerNetwork.com, including, but not limited to: the type of Services available, the Dental Workers available, the fees to use the Site, the types of forums on the Site, the length of time content is available, the amount of storage space available for Office Members, and the equipment or software needed for access or use of the Site. DentalExplorerNetwork.com may discontinue or eliminate features on the Site, change or eliminate any transmission method of Office Member benefits, and/or change transmission speeds or other signal characteristics on the Site. Further, DentalExplorerNetwork.com may request additional information at any time by Office Members to update or enhance Office Member benefits or to enhance the benefits and/or use of the Site.
  72. Registration Data; Account Security. In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification or, if you release your account information to a third party, be responsible for all actions on your account done by that third party; (c) maintain and promptly update the Registration Data, and any other information you provide to DentalExplorerNetwork.com, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.  Should you believe that the security of your account has been compromised in any manner, it is your responsibility to contact DentalExplorerNetwork.com immediately.
  73. Membership. While Website Users may browse many areas of the Site, to access the some of features of the Site, you must have an account on the Site (“Membership”).
  74. Accounts. Each location of a dental office must have its own account to use the Site. If a dental office has more than one location, each location must have its own account.
  75. Termination by DentalExplorerNetwork.com. DentalExplorerNetwork.com may terminate this Agreement at any time. Without limiting the foregoing, DentalExplorerNetwork.com shall have the right to immediately terminate membership of any Office Member or accounts of any Website User in the event of any conduct by that person that DentalExplorerNetwork.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Website User or Office Member of this Agreement. DentalExplorerNetwork.com may terminate your membership, delete any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you have accessed this Site and are under 13 year of age or violate these Terms of Service. DentalExplorerNetwork.com may also terminate your use of the Site if you have too many bad reviews from Dental Workers.
  76. Termination by Office Member. Office Member may terminate their Membership by deleting their account.
  77.  

    RECEIVING SERVICES

     

  78. Booking Services. Once you have created an account, you will be able to find a Dental Worker for a specific Service. The fees associated with the Service will be listed on the Site. You will receive the contact information for the Dental Worker so that you can directly contact the Dental Worker to ensure availability and schedule with the Dental Worker directly.
  79. Fees. At this time, DentalExplorerNetwork.com does not charge a booking fee. DentalExplorerNetwork.com charges either a Daily, Monthly, or Annual Fee (collectively, the “Fees”). If you choose the Daily Fee, you will have access to view the Dental Workers for a 24-hour period and may receive contact information for up to five Dental Workers. If you choose the Monthly Fee, you will have access to the Site for 30 days with unlimited access to Dental Worker contact information. If you choose the Annual Fee, you will have access to the Site for one year from the date you join and will have unlimited access to Dental Worker contact information. The Fees paid to the Site are for use of the Site only.
  80. Payment for Services. DentalExplorerNetwork.com does not collect any fees from you for the Services. You are required to pay the Dental Worker for the Services at the time of Service.
  81. Employment of Dental Workers. DentalExplorerNetwork.com does not employ any of the Dental Workers. It is your responsibility to check with your legal and tax advisers if you should treat any Dental Worker that you use as an employee for tax and legal purposes.
  82. Communications with Dental Workers. Communications with Dental Workers and you are not monitored nor are they stored. Please keep copies of all communications with Dental Workers.
  83. No Guaranteed Placements. You agree and acknowledge that DentalExplorerNetwork.com does not guarantee that a Dental Worker will be available on the day, or if available for any certain price, that you are searching for a Dental Worker.
  84. Choosing of Dental Workers. You agree and acknowledge that Dental Workers may be contacted by multiple Dental Offices to provide services on the same day. DentalExplorerNetwork.com does not have control over which Dental Office the Dental Worker chooses to work with.
  85. Injuries. You understand and acknowledge that DentalExplorerNetwork.com does not provide worker’s compensation insurance or medical insurance to any Dental Worker.  It is your responsibility to determine if you should maintain both worker’s compensation and medical insurance when you use a Dental Worker.
  86. Insurance. DentalExplorerNetwork.com does not provide any insurance of any type for Dental Workers. You are required to determine what type of insurance, if any, a Dental Worker and/or your office carries liability insurance relative to any Service that the Dental Worker performs for you.  
  87. Reviews. DentalExplorerNetwork.com allows both Office Members and Dental Offices to review those who they have worked with. DentalExplorerNetwork.com has the right to approve all reviews and delete reviews for any reason.
  88.  

    USE OF SITE

     

  89. Your Use of the Site. You may use the Site only as permitted by these Terms of Use and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States. You agree not to use any deep-linking, robots, spiders, data-mining, or other automatic or manual device, software, program, code, algorithm, or methodology to access, copy, or monitor any portion of the Site or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site. We reserve the right to take measures to prevent any such activity. You further agree: (a) not to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails, or other unsolicited communications; (b) not to use this Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site; (c) not to use automated scripts to collect information from or otherwise interact with the Site; (d) not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site; and/or, (e) not to impersonate or pretend that you are any other person or falsely claim you represent another person.
  90. User Communications and User Content. By submitting material to this Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, forum postings, comments on blogs, techniques, questions, comments or other communication, whether such submission is by a public feature of the Site (i.e. forum area, blog comments, etc.) or by private transmission (i.e. email to DentalExplorerNetwork.com, letter to DentalExplorerNetwork.com), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity.  Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted DentalExplorerNetwork.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other users to access, view, store, or reproduce the material if posted in a public area of the Site for that user's personal use. You hereby grant DentalExplorerNetwork.com the right to edit, copy, publish and distribute any material made available on this Site by you, including, but not limited to, information, suggestions, ideas, events, comments, commentary, and other postings. You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that DentalExplorerNetwork.com shall be under no obligation: (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use, return, review or respond to any User Communication.
  91. No Liability for User Communication. DentalExplorerNetwork.com has no liability related to the content of any User Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You warrant, certify, and represent that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective states of residence; and you grant the right to DentalExplorerNetwork.com to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalves. If any of the individuals depicted in any User Communication are minors in their respective states of residence, you certify, warrant and represent that you are the parent or legal custodian of each such individual and you grant the use of the media containing his/her depiction in accordance with these Terms of Use.
  92. User-Generated Content Rules. If you become aware of any violation of these Terms of Use or other unacceptable behavior by any user, you should report such activity to DentalExplorerNetwork.com by emailing DentalExplorerNetwork.com at info at DentalExplorerNetwork.com. If you post information on the Site, you are solely responsible for each User Communication that you post on the Site or transmit to other users and agree that you will not hold DentalExplorerNetwork.com responsible or liable for any User Communication from another user that you access on the Site. Moreover, DentalExplorerNetwork.com reserves the right to delete any User Communication from the Site for any reason. Categories of prohibited User Communications are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User Communications. Without limitation, you agree that you will not post or transmit to other users anything that you know or reasonably believe: (a) is defamatory, abusive, obscene, profane or offensive; (b) infringes or violates another party’s intellectual property rights, including any party’s right of publicity or right of privacy; (c) violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) is threatening, harassing or that promotes racism, bigotry or hatred of any kind against any group or individual; (e) promotes or encourages violence against a person or damage or destruction of property; (f) is inaccurate, false or misleading in any way; (g) is illegal or promotes any illegal activities; (h) promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures; (i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or (j) contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. You understand that when using the Site, you will be exposed to User Communications from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications. You may not resell use of, or access to, the Site to any third party.
  93. Monitoring. DentalExplorerNetwork.com shall have the right to monitor the content of the Site at all times, including viewing of any personal information in an Office Member’s account on the Site, to determine compliance with this Agreement and any operating rules established by DentalExplorerNetwork.com, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, DentalExplorerNetwork.com shall have the right to remove any material that DentalExplorerNetwork.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable including, but not limited to, reviews of other users of the Site, advertisers, or information posted in forums.
  94. Privacy. DentalExplorerNetwork.com cares about the privacy of our Website Users. Click here to view DentalExplorerNetwork.com’s Privacy Policy.
  95.  

    UPTIME AND EQUIPMENT

     

  96. Security and Uptime. You acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of DentalExplorerNetwork.com. While DentalExplorerNetwork.com makes reasonable precautions against loss or theft of data, DentalExplorerNetwork.com shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is DentalExplorerNetwork.com’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance. Therefore, it is your responsibility to keep copies of any data you upload to the Site.
  97. Equipment. You are responsible for obtaining and maintaining all internet connections, computer hardware, printers, and other equipment needed for access to and use of this Site, including purchasing any software necessary to view or use parts of the Site. You are responsible for all charges related to the obtaining and maintaining of that equipment, including any charges for software or charges to access the Internet. DentalExplorerNetwork.com shall not be liable for any damages to Website User's equipment resulting from the use of this Site.
  98.  

    INTELLECTUAL PROPERTY

     

  99. Copyright. All content on the Site, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of DentalExplorerNetwork.com with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without DentalExplorerNetwork.com’s prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject Website User to civil and/or criminal penalties. This Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of DentalExplorerNetwork.com protected by copyright as a collective work under the United States copyright laws. DentalExplorerNetwork.com owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Website User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Website User may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. DentalExplorerNetwork.com does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The foregoing provisions of Section 31 apply equally to and are for the benefit of DentalExplorerNetwork.com, its subsidiaries, affiliates, third party content providers, and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
  100. Trademarks. DentalExplorerNetwork.com and Dental Explorer Network are trademarks of Dental Explorer Network, LLC. All rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on DentalExplorerNetwork.com are the property of their respective owners. Trademarks that are located on the Site shall not be deemed to be in the public domain but rather the exclusive property of Dental Explorer Network, LLC, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of DentalExplorerNetwork.com, unless otherwise stated.
  101. Copyright, Trademark, and Intellectual Property Complaints. DentalExplorerNetwork.com respects the intellectual property rights of others. DentalExplorerNetwork.com prohibits Website Users from uploading, posting, or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When DentalExplorerNetwork.com receives proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, DentalExplorerNetwork.com promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another’s rights as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please see our Copyright Policy for more information on how to report infringement of your copyright. DentalExplorerNetwork.com may, at its sole discretion, terminate Website Users and/or Office Members who are deemed by DentalExplorerNetwork.com to be have committed copyright infringement, whether or not there is any repeat infringement.
  102.  

    THIRD PARTY SITES

     

  103. Third Party Websites and Content. The Site may contains links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by DentalExplorerNetwork.com. DentalExplorerNetwork.com is not responsible for any Third Party Sites accessed through the Site or any content posted by any Website Users on this Site or any Third Party Sites regarding DentalExplorerNetwork.com. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that DentalExplorerNetwork.com’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site.
  104. Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) and not of DentalExplorerNetwork.com. Neither DentalExplorerNetwork.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
  105.  

    WARRANTIES, DISCLAIMERS

     

  106. Disclaimer of Warranty; Limitation of Liability. WEBSITE USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT WEBSITE USER'S SOLE RISK. IN NO EVENT WILL DENTALEXPLORERNETWORK.COM OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR RESULTING FROM THE USE OF AN DENTAL WORKER THAT ADVERTISES ON THIS SITE. NEITHER DENTALEXPLORERNETWORK.COM, ITS AFFILIATES NOR ANY OF THEIR DIRECTORS, MEMBERS, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED ON THIS SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM THE USE OF THIS SITE. WEBSITE USER SPECIFICALLY ACKNOWLEDGES THAT DENTALEXPLORERNETWORK.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THAT USER AND/OR THIRD PARTY. IN NO EVENT SHALL DENTALEXPLORERNETWORK.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING ANY SOFTWARE OR RESUMES THAT YOU DOWNLOAD FROM THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. WEBSITE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.
  107. No Liability of Partners. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER DENTALEXPLORERNETWORK.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE WEBSITE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION INJURIES, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
  108. As-Is Basis. MEMBERSHIP IN DENTALEXPLORERNETWORK.COM AND THE USE OF THIS SITE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS 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 IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
  109. No Responsibility for User Content. DENTALEXPLORERNETWORK.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, AN ADVERTISER, A DENTAL OFFICE, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY DENTALEXPLORERNETWORK.COM. MOREOVER, DENTALEXPLORERNETWORK.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT DENTALEXPLORERNETWORK.COM DEEMS UNSUITABLE, INCLUDING CONTENT POSTED BY MEMBERS FOR USE IN HIS OR HER PROFILE AND/OR ON THE MEMBER’S REVIEWS. BY USE OF THIS SITE, WEBSITE USER AGREES THAT HIS OR HER CONTENT MAY BE REMOVED ANYTIME BY DENTALEXPLORERNETWORK.COM.
  110. Limitation of Liability. DENTALEXPLORERNETWORK.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO DENTALEXPLORERNETWORK.COM, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM DENTALEXPLORERNETWORK.COM, REGARDLESS OF THE CAUSE OF ACTION.
  111. State Law Limitations. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  112.  

    MISCELLANOUS

     

  113. Waiver. The waiver by DentalExplorerNetwork.com of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by DentalExplorerNetwork.com.
  114. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
  115. Governing Law; Venue and Jurisdiction. By using the Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and DentalExplorerNetwork.com or any of DentalExplorerNetwork.com’s affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.
  116. Attorney Fees and Collection Costs. In the event that litigation results from or arises out of this Agreement or the performance thereof, you agree that should DentalExplorerNetwork.com prevail, you will reimburse DentalExplorerNetwork.com’s reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled, including, but not limited to, any costs of collection. 
  117. Indemnity. You agree to indemnify and hold DentalExplorerNetwork.com, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
  118. Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 

.