2. MATERIALS ON SITE
3.1 Unless otherwise stated, the Materials are owned by Phoenix.dental. All trademarks and logos used or referred to in this Site are the property of Phoenix.dental or their respective owners. Nothing on this Site confers any license or right to any copyright, patent, trademark or other proprietary interest of Phoenix.dental or any third party. Except for the specific right to view the Materials on the Site, the Materials may not be used, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
3.3 You acknowledge that, in the event of your breach of any of the foregoing provisions, Phoenix.dental may not have an adequate remedy in money or damages. Phoenix.dental will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction, in addition to all other available remedies.
4.1 Phoenix.dental DOES NOT WARRANT THAT THE SITE OR MATERIALS WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER AND THE MATERIALS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Phoenix.dental IS NOT RESPONSIBLE FOR THOSE COSTS.
4.2 THE SITE AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Phoenix.dental, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Phoenix.dental MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS CONTAINED IN THE SITE.
5. LIMITATION OF LIABILITY
IN NO EVENT WILL Phoenix.dental, ANY OF ITS SUPPLIERS OR ANY THIRD PARTY MENTIONED ON THE SITE BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR DAMAGES (INCLUDING WITHOUT LIMITATION ANY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR USE OF THE MATERIALS, INCLUDING WITHOUT LIMITATION, THE MEDIAMED WEB SOLUTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Phoenix.dental IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states and jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties. Therefore some of the limitations set forth in the Sections entitled “Disclaimer” and “Limitation of Liability” may not apply to you.
7. GOVERNING LAW
8. EXPORT RESTRICTIONS
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or person prohibited under the export control laws.
Copyright ©2016 Phoenix.dental. All rights reserved. All materials presented on this site are copyrighted and owned by Phoenix.dental, unless in the public domain or attributed to another source. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.
10. NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Phoenix.dental respects the intellectual property of others, and we ask our users and visitors to do the same. Phoenix.dental will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Phoenix.dental will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Phoenix.dental the following information. Please be advised that to be effective, the Notification must include ALL of the following:
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and email address and all other information reasonably sufficient to permit Phoenix.dental to contact you;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
[email protected] (Please include “Notice of Infringement” in the subject line.)