Effective 11/1/2016

These Terms of Use (“Terms of Use”) are between you and Image . and its corporate affiliates (collectively “the Company”), for the use of the cosmeticdentistrynearme.com website and other related sites owned and operated by the Company (collectively referred to as the “ Image Sites”). The terms and conditions set forth in these Terms of Use, as well as our Privacy Policy, constitute the entire agreement between the Company, by and on behalf of its subsidiaries and affiliates, and users and members of the Image Sites. By using the Image Sites, you signify that you have read, understand and agree to be bound by these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use’s effective date. Your continued use of Image after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access Image Sites. It is your responsibility to regularly review these Terms of Use.

You agree to use the Image Sites only for purposes that are permitted by these terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). Subject to your performance of all of the provisions of these Terms of Use, the Company hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the Image Sites and the Services solely as provided herein. You may download material displayed on the Image Sites for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the content of the Image Sites for public or commercial purposes, including the text, images, audio, and video without the Company’s prior written permission. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. Your right to use the Image Sites is not transferable. You acquire no rights or licenses in or to the Image Sites and materials contained therein other than the limited right to access and utilize the Image Sites in accordance with these Terms of Use.

NO MEDICAL OR PROFESSIONAL ADVICE.

This Website is designed for general educational and information purposes only and does not render medical advice. The information provided through this Website should not be used for diagnosing or treating a health problem or illness. It is not a substitute for professional health care, and is designed to support – not replace – the relationship you have with your health care provider. If you have or suspect you may have a health problem, you should consult your health care provider. cosmeticdentistrynearme.com does not provide medical advice or offer medical, dental, or professional opinions online. The articles on this Website are meant to discuss issues of a general nature regarding issues of interest. While we will monitor content as time allows, we are not responsible for the opinions, advice, recommendations, advertising or suggestions of any writer of these articles. Anyone who has a medical problem should contact a physician or dentist. The function of this Website is to provide information regarding certain cosmetic dentistry treatment options and post relevant articles which we think might be helpful to those seeking related services. Reliance upon any information found on the Websites, any of our licensors, or any affiliates, rests in the user at the user’s own risk. The Website may contain information that you may find explicit or otherwise offensive, erroneous or otherwise inaccurate or outdated. The Website, the Company, our affiliates and licensors are not responsible for such content. You are responsible for complying with applicable laws of the region/country of residence.

User Representations and Warranties

By using the Image Sites, you represent, warrant and covenant that you: (i) have the power and authority to enter into and be bound by the Terms of Use; (ii) shall not use any rights granted hereunder for any unlawful purpose; (iii) shall use the Image Sites only as set forth in these Terms of Use; and (iv) are thirteen years of age or older. If you are under the age of 13, you are not allowed to use the Image Sites.
You agree not to access (or attempt to access) any of the services available on the Image Sites (the “Services”) by any means other than through the interface that we provide, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including, without limitation, use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

Intellectual Property

You acknowledge that the Image Sites have been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company and others. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks (“Marks”) displayed on the Image Sites are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The Site is also protected as a collective work or compilation under U.S. copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the Image Sites for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party.
The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Image Sites and related to the Image Sites and all modifications and derivative works thereof, and all intellectual property rights related thereto.

Copyright Infringement Policy

The Company respects the rights of all copyright holders and in this regard, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; your address, telephone number, and email address; a written statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: email – Image . The Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

User Conduct

You agree that you will not engage in any activity that interferes with or disrupts the Image Sites or the Services (or the servers and networks which are connected to the Services) or use any service to manipulate your CPU to gain distinct advantage on any of our programs.
Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you use of our Services if:
(A) you have breached any provision of these terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these terms); or
(B) we are required to do so by law (for example, where the provision of our services to you is, or becomes, unlawful); or
(C) the partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer their services to you; or
(D) we are transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
(E) the provision of the Services to you is, in our opinion, no longer commercially viable.

You further agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:

• post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable
• post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion both on campus central.org or on any other public site on the web
• defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable
• upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users’ computers, or the access to or functionality of the Image Sites
• violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
• attempt to obtain passwords or other private information from other members
• improperly use support channels or complaint buttons to make false reports to the Company
• develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable License Agreements
• exploit, distribute or publicly inform other members of any error, miscue or bug that gives an unintended advantage
• violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services
Accounts that have not been logged into for six months or more are deemed inactive and Image earned in these accounts are null and void. Accounts are non-transferable and are void if a transfer is attempted. Accounts and/or rewards may not be bartered or sold. Image and/or Image accounts are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
If you violate the Terms, the Company reserves the right in its sole discretion to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Services. You agree that the Company need not provide you notice before terminating or suspending your account(s), but it may do so at any time. Any account or accounts that are terminated shall be deemed null and void and any and all information relating to such account(s) shall revert to or become the sole property of the Company, including but not limited to  Image virtual currency or any points, prizes, awards or credits, regardless of monetary value, except to the extent prohibited by applicable law.
Image reserves the right to refuse access to the Services without notice for any reason, including, but not limited to, a violation of the Terms. You agree that Image may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability.

*****USER GENERATED CONTENT. Our Website may provide an opportunity (each, a “User Content Area”) for participants to express comments and opinions about recovery and treatment and/or upload to the Website user-generated content such as, without limitation, review of treatment facilities (collectively, “User Content”). To the extent the Website contains any such User Content Area, You hereby agree that You will not upload, post, display, or transmit any of the following in any User Consent Area:
User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
User Content that is offensive to the online community, including, without limitation, expressions of obscenity, bigotry, racism, abusiveness, vulgarity or profanity;
User Content that violates any law or engages in any activity that would constitute any criminal offense or give rise to any civil liability;
User Content in which you impersonate any person or entity, including, but not limited to, any employee of Image or any treatment center, or falsely state or otherwise misrepresent your affiliation with any person or entity;
User Content that interferes with any other user’s right to privacy;
User Content, software or other materials which contain a virus or other harmful or disruptive component;
Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam” or any other form of solicitation;
User Content that violates some other contractual or fiduciary rights, duties, or agreements by which you are bound; or
User Content protected by copyright, trademark, trade secret, rights of publicity or other proprietary right of any third party (collectively, “Third Party Rights”) without the prior express written permission of the applicable right holder. The burden of determining that all User Content is not subject to any Third Party Rights rests exclusively with You under all circumstances. Accordingly, You shall be solely liable for any damage or costs resulting from any User Content that actually or allegedly infringes any Third Party Rights. Any person determined by cosmeticdentistrynearme.com in its sole discretion to have violated any Third Party Rights may be barred from submitting or posting any further User Content;
With respect to Reviews, Users may make only a single post (review) and may not make alternate accounts to duplicate or “respond to” posts.

You represent and warrant that, with respect to any User Content You submit to the Website, the User Content is factually accurate and/or represents Your honest opinions and beliefs. You agree that cosmeticdentistrynearme.com has not and will not compensate You for your User Content. You represent and warrant there is no connection, association, or affiliation between You and cosmeticdentistrynearme.com or any treatment center or other third party referenced in your User Content.

cosmeticdentistrynearme.com hereby reserves the right to edit, modify and/or remove any User Content posted, submitted, and/or uploaded on the Site in its sole discretion. You hereby agree that the foregoing restrictions set forth in this Section 8 shall also apply to your use of any content generated through the Website on any social media page. Moreover, you hereby agree that you are solely responsible for any liability arising from or related to your use of any User Content Area and/or your use of any User Content or other content generated through the Website.

User Content does not reflect the opinion of the staff at cosmeticdentistrynearme.com, its executives, or its shareholders, and are not endorsed by cosmeticdentistrynearme.com. While we make efforts to review and moderate the forum in order to remove objectionable material, we do not purport to be able to remove all objectionable content in a timely manner, if ever.

Disclaimer of Warranties; Limitation of Liability; Indemnification

You agree that your use of the Services shall be at your sole risk. Subject to you rights under any Consumer Law referred to below and to the maximum extent permitted by law and unless restricted or prohibited by law, the Company, its officers, managers, directors, employees, and agents disclaim all guarantees, warranties and conditions, express or implied, in connection with the Services, the Image Sites and your use thereof including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. Subject to you rights under any Consumer Law referred to below and to the fullest extent permitted by law, the Company makes no warranties, conditions or representations about the accuracy or completeness of the content or the Services of the content of any sites linked to the Services and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.
Subject to your rights under any Consumer Law referred to below and to the maximum extent permitted by law, and unless restricted or prohibited by law, in no event will the Company, its directors, managers, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Image Sites, the Services or other materials or content on, accessed through or downloaded from the Services, whether based on warranty, contract, tort (including without limitation negligence), or any other legal theory, and whether or not the Company has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

You agree to indemnify and hold the Company, and each of its directors, managers, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, action, cause of action, application, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the Image Sites and the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your user submissions caused damage to a third party; or (v) any content you post or share on or through the Service.

The Company will not be liable for the termination of the Image program on any account whatsoever including (without limitation) any awards, points, prizes or credits in a member’s favor at the time of termination.
Sometimes when you use our Services, you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these terms do not affect your legal relationship with these other companies or individuals.
You agree that we are not responsible for the loss of Image virtual currency or any points, prizes, awards or credits, regardless of monetary value, in the event there is any data or server error, computer and/or network system error or failure, criminal act, vandalism, cyber attack or other events which make it commercially unreasonable for us to determine the value of any account or accounts.

All guarantees, conditions and warranties whether expressed or applied, as to the condition, suitability, quality, fitness or safety of any goods and services supplied under the Image program, other than those implied or imposed by statute, are excluded to the extent permitted by law. All guarantees and warranties implied or imposed by statute are excluded to the extent expressly permitted by statute.

Any liability the Company may have to a member under any such guarantees or warranties implied or imposed by statute which cannot be excluded is limited, where the Company is expressly permitted by statute to limit your remedy for a breach of that guarantee or warranty, to supplying or paying the cost of supplying, the goods (or equivalent goods) or services again or repairing or paying the cost of repairing, the goods, at the Company’s sole option.

Links

Image has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Image of the site. Use of any such linked web site is at the user’s own risk.

Applicable Law

By visiting or using the Service, you agree that the laws of the United States and the State of Missouri, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company. Any claim or dispute between you and the Company that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Missouri, 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 Missouri. TO THE EXTENT PERMITTED BY LAW, YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE.

Consumer Laws
Despite any other provision of these Terms of Use, if any legislation affects your rights under these Terms of Use (a “Consumer Law”), then to the extent that any term or provision contained in these Terms of Use:

(A) becomes void or unenforceable for any reason; or
(B) would be unfair under the applicable consumer law if applied or relied upon in a particular way,

that term or provision will be severed such that all remaining terms and provisions of these Terms of Use will continue to be in full force and effect and be unaffected by the severance of any other term or provision.
No provision of these Terms of Use limits, excludes or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by any Consumer Law which cannot lawfully be excluded, limited or modified.

Revisions and Errata

The materials appearing on cosmeticdentistrynearme.com’s web site could include technical, typographical, or photographic errors. Image does not warrant that any of the materials on its web site are accurate, complete, or current. Image may make changes to the materials contained on its web site at any time without notice. Image does not, however, make any commitment to update the materials.

International Users

The Image are controlled, operated, and administered by the Company from its offices within the United States of America. The Company makes no representation that materials on the Image Sites are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Image Sites are illegal is prohibited. You may not use the Image Sites or export the content or products in violation of U.S. export laws and regulations. If you access Image Sites from a location outside of the United States, you are responsible for compliance with all local laws.

Site Terms of Use Modifications

Image may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Export Controls

Software downloaded from Image Sites is further subject to United States Export Controls. No software from Image Sites may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

No Waiver

The Company’s failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

English Language

The parties hereto confirm that it is their wish that these Terms and Conditions, as well as all other documents relating hereto have been and shall be drawn up in the English language only.