TERMS OF USE AGREEMENT FOR PROSITES.COM, THE PROSITES WEB ENGINE, AND ANY SERVICE OR WEBSITE OWNED BY PROSITES, INC.

Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. Prosites, Inc. reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates.

PROPRIETARY RIGHTS

The Prosites website and services (The Service) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The Service also contains information, data, text, software, images, files and other content and materials that are owned by Prosites, Inc. or its affiliates or suppliers and that are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The selection, arrangement and compilation of the entire contents of the Service is the exclusive property of Prosites, Inc. and is protected by United States and international copyright laws. All software made available through or used in connection with the Service is the property of Prosites, Inc. or its suppliers and is protected by United States and international copyright laws.

Unless otherwise specified, the Service is for your personal and non-commercial use and is not transferable to any other person or entity. Except as expressly authorized by Prosites, Inc., you agree not to reproduce, duplicate, copy, modify, create derivative works from, frame, distribute, transmit, perform, publish, license, rent, lease, loan, sell, resell, transfer or otherwise exploit for any commercial purpose any portion of the Service, use of the Service or access to the Service, including without limitation any information, software, products or services obtained from the Service. You may view, print and download materials displayed on or made available through the Service subject to the following: (a) the materials may be used solely for your own, personal information and not for commercial use; (b) the materials may not be modified or altered in any way, including but not limited to the removal or modification of any copyright or other proprietary notices affixed thereto. You acknowledge that you do not acquire any ownership rights by printing or downloading copyrighted material, and that the materials may be subject to separate license agreements and/or additional posted limitations on usage, reproduction and/or dissemination, all of which you shall be responsible for complying with if you download such materials. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. All rights not expressly granted herein are reserved.

TRADEMARKS

Prosites, Inc., prosites.com, the monitor symbol within our logo, "Point. Click. Launch." and other Prosites, Inc. designs, logos and product and service names are trademarks of Prosites, Inc. ("Prosites, Inc. Marks"). The "look and feel" of the Service constitutes proprietary trade dress of Prosites, Inc.. All rights reserved. You may not reproduce, copy, display, transmit, distribute, modify or otherwise use the Prosites, Inc. Marks without the express prior written permission of Prosites, Inc.. All other trademarks appearing on the Service are the property of their respective owners.

PRIVACY

Prosites, Inc. is very respectful about the privacy concerns of the visitors to this site on the Internet. As a general policy, no personal information is automatically collected from visitors to this site. However, certain non-personal information of visitors is recorded by the standard operation of Prosites, Inc. Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type of operating system (e.g., Macintosh, Windows) in use by the visitor and the domain name of the visitor's Internet service provider (e.g., America Online, EarthLink). By having this information, Web pages optimized for a particular visitor's computer is automatically available to that visitor. Other uses of this information include internal review of the number of visitors to the site but only in an aggregate and non-personally-identifiable form. Other personally identifiable data about visitors to this site are known to Prosites, Inc. only when voluntarily submitted. Personally identifiable information that is collected in connection with visitors voluntarily filling out forms is retained by Prosites, Inc. and the member to whom the visitor is referred, and is not sold or otherwise transferred outside the company. However, this data in an aggregate form may be provided to other parties for marketing, advertising or other uses. We may sometimes also use e-mail addresses and other personally identifiable information to contact visitors who communicate with us. For example, we direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as being notified if they have won one of our contests.

LINKED SITES

The materials by the Prosites, Inc. and www.prosites.com are provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, Prosites, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Prosites, Inc. does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components. Prosites, Inc. does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Prosites, Inc.) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The material that you read in a Prosites, Inc. web site is provided solely for educational purposes. Prosites, Inc. is not responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided.

SUBMISSIONS

Any questions, notes, postings, ideas, suggestions, concepts or other material submitted will become the property of Prosites, Inc. and Prosites, Inc. shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to Prosites, Inc., you agree that Prosites, Inc. has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.

Prosites, Inc. is not responsible for any material posted by visitors to this site. You shall not submit any information which:

  • 1. libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening;
  • 2. infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks;
  • 3. violates any law;
  • 4. advocates illegal activity;
  • 5. advertises or otherwise solicits funds or is a solicitation for goods or services; (collectively "Non-Approved Material").

You agree to indemnify Prosites, Inc. and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.

E-MAIL AND POSTINGS RECEIVED

Do not post any threatening or libelous e-mails or material on this site that would be considered a violation of any law. Prosites, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing Prosites, Inc. to disclose the identity of anyone posting any such e-mails or materials. When Prosites, Inc. is accessed through AOL, all AOL guidelines regarding appropriate online behavior will be enforced.

MEMBERS QUALIFICATIONS

No representation is made that the quality of the doctor or dental services to be performed by Prosites members is greater than the quality of same services performed by other doctors and dentists.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in a Prosites, Inc. website and prosites.com are presented solely for the purpose of education in the United States. This site is controlled and operated by Prosites, Inc. from its offices within the State of California, United States of America. Prosites, Inc. makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Prosites, Inc. bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Riverside County, California, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Prosites, Inc..

PROSITES ANTI-SPAM POLICY

ProSites prohibits the use of the Service in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial email ("Spam").

You may not use the Service to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of ProSites' Services or customers.

In addition, email sent, or caused to be sent, to or through the Service may not:

  • 1. use or contain invalid or forged headers;
  • 2. use or contain invalid or non-existent domain names;
  • 3. employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
  • 4. use other means of deceptive addressing;
  • 5. use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party;
  • 6. contain false or misleading information in the subject line or otherwise contain false or misleading content;
  • 7. fail to comply with additional technical standards described below; or
  • 8. otherwise violate the applicable Terms of Use for the Service.

ProSites does not authorize the harvesting, mining or collection of email addresses or other information from or through the Service. ProSites does not permit or authorize others to use the Service to collect, compile or obtain any information about ProSites’ customers or subscribers, including but not limited to subscriber email addresses, which are ProSites' confidential and proprietary information. Use of the Service is also subject to the applicable Privacy Statement and Terms of Use.

ProSites does not permit or authorize any attempt to use the Service in a manner that could damage, disable, overburden or impair any aspect of any of the Service, or that could interfere with any other party's use and enjoyment of any Service.

If ProSites believes that unauthorized or improper use is being made of any Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. ProSites may immediately terminate any account on any Service which it determines, in its sole discretion, is transmitting or is otherwise connected with any email that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send email to, or through, the Service. Failure to enforce this policy in every instance does not amount to a waiver of ProSites' rights.

Unauthorized use of the Service in connection with the transmission of unsolicited email, including the transmission of email in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender. The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) establishes requirements for those who send commercial email, spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them. For more information about the CAN-SPAM Act, visit the following sites:

http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm
http://en.wikipedia.org/wiki/CAN-SPAM_Act_of_2003

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