PROSITES VIDEO TERMS OF USE
IMPORTANT - READ CAREFULLY:
These Terms of Use are a legal agreement between you (either an individual or on behalf of a single entity) and ProSites, Inc. ("ProSites"), and MediaMed, Inc. ("MediaMed") for the use of this website (the "Site"). BY VIEWING THE VIDEOS AND INFORMATION CONTAINED ON THIS WEBSITE OR OTHERWISE USING THE MATERIALS (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE OR THE MATERIALS.
INTRODUCTION
These Terms of Use state the terms and conditions under which you may use the videos and related information within this Site. Please read this page carefully. ProSites and MediaMed may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on you.
MATERIALS ON SITE
MediaMed (and ProSites under a license and marketing agreement with MediaMed) authorizes you to view the materials on this Site solely for your personal, noncommercial use. The contents of this Site, such as text, graphics, images, videos, software and other material, including without limitation, the ProSites Website Service and MediaMed Web Solution (collectively, the "Materials"), are protected by copyright, trademark and other United Sates and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws. The information on this Site is for informational purposes only and does not create a business or professional services relationship between you, ProSites and MediaMed. Please see "Use of the MediaMed Web Solution" below for additional terms regarding your use of our MediaMed Web Solution. You will comply with all applicable laws regarding the use of the Materials and the Site. If you violate these Terms of Use, your permission to use the Materials and the Site automatically terminates.
OWNERSHIP
Unless otherwise stated, the Materials are owned by ProSites or MediaMed. All trademarks and logos used or referred to in this Site are the property of ProSites or MediaMed or their respective owners. Nothing on this Site confers any license or right to any copyright, patent, trademark or other proprietary interest of ProSites or MediaMed 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.
ProSites and MediaMed and their licensors will have sole and exclusive ownership of all right, title, and interest in and to the Materials and all modifications and enhancements thereof. You may not sublicense, sell, transfer, copy, modify, or distribute the Materials, or any copy, adaptation, or portion thereof. You may not reverse assemble or compile, or otherwise translate the Materials. You acknowledge that ProSites and MediaMed claims and reserves all rights and benefits afforded under Federal law in the programs, data-base information, and user materials included in the ProSites Website Solution and MediaMed Web Solution as copyrighted works. ProSites and MediaMed reserve all rights not expressly granted in these Terms of Use.
You acknowledge that, in the event of your breach of any of the foregoing provisions, ProSites and MediaMed may not have an adequate remedy in money or damages. ProSites and MediaMed will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction, in addition to all other available remedies.
USE OF THE MEDIAMED WEB SOLUTION AND THE PROSITES WEBSITE SOLUTION
USE OF THE MEDIAMED WEB SOLUTION AND THE PROSITES WEBSITE SOLUTION
By viewing the ProSites Website Solution and MediaMed Web Solution, you confirm that you will view the ProSites Website Solution or MediaMed Web Solution for informational purposes only.
ProSites and MediaMed grant you a nonexclusive, non-transferable, revocable license to view the ProSites Website solution and MediaMed Web Solution for your personal, non-commercial use pursuant to the terms set forth in these Terms of Use.
You agree that under no circumstances shall you provide any personally identifiable information such as name, address, email address or phone number to ProSites or MediaMed.
You agree to use the ProSites Website Solution and MediaMed Web Solution for informational purposes only and will not use the ProSites Website Solution or MediaMed Web Solution as a substitute for your dentist's description of any dental procedure or disclosure or advice regarding any dental procedure. You acknowledge that ProSites and MediaMed do not provide medical or dental advice or diagnoses and ProSites and MediaMed shall not be liable to you for any misinterpretation or misunderstanding of the ProSites Website Solution or MediaMed Web Solution by you or any other party. You should discuss any ProSites Website Solution or MediaMed Web Solution content you view with your dentist or doctor and look to your dentist or doctor for any diagnoses or advice and to determine the applicability, risks and benefits of any procedure described in the ProSites Website Solution or MediaMed Web Solution. You are solely responsible for discussing the cost of all procedures and treatments with your dentist and determining if any treatments are covered by your insurance.
Additional Terms Applicable to Use of the MediaMed Web Solution by Dentists
In addition to all other terms set forth in these Terms of Use, dentists shall also comply with the terms set forth in this section. If you are a dentist, you may only use the ProSites Website Solution and MediaMed Web Solution in accordance with the specific agreements between you and ProSites and MediaMed. Your failure to comply with these Terms of Use or the terms of your agreement with ProSites and MediaMed may result in revocation of your license to use the ProSites Website Solution and the MediaMed Web Solution, and ProSites and MediaMed may pursue all other remedies available to them.
You agree to use the ProSites Website Solution and MediaMed Web Solution and present the ProSites Website Solution and MediaMed Web Solution to your patients for informational purposes only and will not use the ProSites Website Solution and MediaMed Web Solution as a substitute for your description of any dental procedure or disclosure or advice regarding any dental procedure. You are solely responsible for providing diagnoses to patients and choosing the specific ProSites Website solution and MediaMed Web Solution content shown or recommended to any patient. You acknowledge that ProSites and MediaMed does not provide medical or dental advice or diagnoses and ProSites and MediaMed shall not be liable to you or any third party for any misinterpretation or misunderstanding of the ProSites Website Solution and MediaMed Web Solution by you or any third party, including without limitation, your patients or staff.
DISCLAIMER
ProSites, Inc. and MediaMed, Inc. DO 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, ProSites and MediaMed IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ProSites and MediaMed, 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. ProSites and MediaMed 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.
LIMITATION OF LIABILITY
IN NO EVENT WILL PROSITES AND MEDIAMED, ANY OF THEIR 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 PROSITES WEBSITE SOLUTION AND THE MEDIAMED WEB SOLUTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROSITES OR MEDIAMED 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.
INDEMNIFICATION
You will indemnify, hold harmless, and, if ProSites or MediaMed requests, defend ProSites and MediaMed, their officers, directors, employees and agents, from and against any claims, liabilities, losses, actions, demands, costs (including without limitation attorneys' fees and costs), alleging or arising from or related to (i) your use of the Materials, including without limitation the ProSites Website Solution and MediaMed Web Solution or (ii) your breach of these Terms of Use.
GOVERNING LAW
You agree that these Terms of Use and any legal action or proceeding relating to this Site shall be governed by the laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts in Orange County or Santa Clara County in the State of California in any litigation or dispute arising out of or related to these Terms of Use or the Materials.
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.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In the event of any termination or expiration of these Terms of Use for any reason, all provisions of these Terms of Use whose meaning requires them to survive shall survive the expiration or termination of these Terms of Use, including, without limitation, the provisions contained in the following Sections: "Ownership," "Disclaimer," "Limitation of Liability," "Indemnification," "Governing Law," and "General."
GENERAL
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In the event of any termination or expiration of these Terms of Use for any reason, all provisions of these Terms of Use whose meaning requires them to survive shall survive the expiration or termination of these Terms of Use, including, without limitation, the provisions contained in the following Sections: "Ownership," "Disclaimer," "Limitation of Liability," "Indemnification," "Governing Law," and "General."
These Terms of Use were last updated on May 11, 2009.