Our Dental Terms and Conditions
Please read the Terms of Use carefully before using this Site. If you do not agree to all of these Terms of Use, do not use this Site.
Smiles on Hickman (“Smiles on Hickman”) may revise and update these Terms of Use at any time. Your continued usage of the Smiles on Hickman Web Site ("Smiles on Hickman Site," smilesonhickman.com, the "Web Site" or the “Site,”) will mean you accept those changes.
TERMS AND CONDITIONS OF USE FOR SMILES ON HICKMAN SITE
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) AS WELL AS THOSE CONTAINED IN THE SEPARATE PRIVACY POLICY GOVERN YOUR USE OF THE SITE ON THE WORLDWIDE WEB AND ARE LEGALLY BINDING ON YOU.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR UNDERSTANDING OF, AND AGREEMENT, TO EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.
SITE USER RESTRICTIONS
All information and materials on this Site, including but not limited to, text, trademarks, logos, graphics, and images (the “Materials”), are the copyrighted works and other forms of intellectual property of Smiles on Hickman or third parties who have authorized use of the Materials on this Site, unless otherwise provided in respect to specific areas or Materials on the Site. Unless otherwise provided in respect to specific areas or materials on the Site, Smiles on Hickman grants you only the limited license to display the Materials on your personal computer or personal wireless device, and to copy and download such Materials, provided that: (1) any copyright, trademark or other notice appearing on such Materials is also retained by, displayed, copied, or downloaded as part of the Materials, and is not removed or obscured, and (2) such display, copy, or download is used solely for your personal information. Such Materials may not be distributed, transmitted, displayed, or broadcast in any manner or for any purpose. You acknowledge and agree that you have no right to nor will you modify, edit, alter, or enhance any of the Materials in any manner. This limited right terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited right of display, User agrees to immediately erase or otherwise destroy any downloaded and printed Materials. Except as expressly stated herein, you acknowledge that you have no legal right, title, or interest in or to the Materials other than a limited right of display.
THIRD PARTY CONTENT
Smiles on Hickman is not normally a venue for content supplied by third parties to its Site. Neither Smiles on Hickman nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose.
LINKS TO AND FROM THIRD PARTY SITES
There may be links established between this Site and other sites on the World Wide Web or Internet which are not under the control of, or maintained by, Smiles on Hickman. Such links do not necessarily constitute an endorsement by Smiles on Hickman of those sites. Smiles on Hickman undertakes no obligation to monitor such sites, and User agrees that Smiles on Hickman is not responsible for the content of such sites, or any technical or other problems associated with any such third-party Site, links, or usage. You further agree that in the event that you establish a link from any other site to the Site, you will immediately discontinue such link upon receiving written notice from Smiles on Hickman of its objection to any such link.
TERMINATION
User's access to Site will be subject to Smiles on Hickman's authorization to access the Site. Smiles on Hickman reserves the right to terminate User’s access to the Site at any time without notice, for any reason (including, but not limited to, if you violate these Terms) or for no reason. While Smiles on Hickman’s preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action, Smiles on Hickman does not represent that it will nor is it required to either actively monitor such behavior or to provide such notice to you. Smiles on Hickman's right to terminate User's access is in addition to all other legal or equitable remedies available to Smiles on Hickman hereunder, which rights are fully and expressly reserved by Smiles on Hickman. Upon termination of this Agreement for any reason, User shall cease to use or further access any Smiles on Hickman Content or Services and be liable for any unauthorized attempts to do so via any means.
PROPRIETARY MATERIALS AGREEMENT
- You understand that all concepts, information and materials on this Site (including without limitation trademarks, logos, graphics and images) (the “Materials”) are the proprietary property of Smiles on Hickman and are protected by copyright, trademark, trade secret, patents and other applicable laws. Submissions made by you or other participants are not considered part of the Materials, but are subject to the restrictions set forth below. You acknowledge that the Materials constitute commercially valuable, proprietary, confidential property of Smiles on Hickman, the design and development of which required the investment of substantial effort, time, and money and reflect, in part, the credibility and “good will” of Smiles on Hickman.
- You have the limited right to display the Materials only on your personal computer, and to copy and download the Materials provided that: (1) any copyright and trademark notices appearing on such Materials are also displayed, copied or downloaded as part of the Materials, and are not removed, moved, or obscured, and (2) such display, copy, or download is solely for your personal informational use. This limited right to access, display, and use of the Site terminates automatically, without notice to you, if you breach any of these Terms.
- You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. The Materials may not be distributed, transmitted, or broadcast in any manner, or for any purpose, unless expressly authorized to do so by Smiles on Hickman, in advance, and in writing.
- You agree not to use the Materials in any way that would compromise the proprietary nature of the Materials. Without limiting all of the foregoing, you agree not to deliver the Materials themselves, either reproduced or modified, or anything derived from the Materials, either orally or in writing, as part of any seminar, training program, workshop, consulting, or similar business activity which you make available to your clients or to others, except with the prior written permission of Smiles on Hickman.
- Unless expressly indicated otherwise herein by Smiles on Hickman, even if you have previously obtained Smiles on Hickman’s written permission to use any Materials or Submissions, you must obtain such written consent each time before again using any Materials or Submissions from this Site.
- Except as expressly stated herein, you acknowledge that you have no right, title, or interest of any kind on any legal basis in or to the Materials or the Submissions of any party.
- Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials that you may have in your possession or control.
NO AGENCY OR PARTNERSHIP
The parties are Independent Contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any legal obligation on behalf of the other.
NOTICES
Smiles on Hickman may provide notice to User via email, or (at its discretion) via certified U.S. Mail, to an address provided by the User to Smiles on Hickman. User shall provide notice to Smiles on Hickman via email to: smilesonhickman@dmsmiles.com
ENTIRE AGREEMENT; SEVERABILITY; NO UNINTENTIONAL WAIVER
This Agreement, including the Site’s Privacy Policy, constitutes the entire User Agreement between User and Smiles on Hickman, and supersedes any prior agreements or understandings between User and Smiles on Hickman. No amendment or modification hereof will be valid or binding upon either party unless made in writing and signed by the authorized representatives of both parties.
NO THIRD PARTY BENEFICIARIES
User acknowledges and agrees that this Agreement shall in no event be construed as a third party beneficiary contract, and that it is not intended for the benefit of any person or company whomsoever except the parties hereto.
ASSIGNMENT
Smiles on Hickman may assign any or all of its rights and obligations hereunder to any party without the prior consent of or notice to User.
JURISDICTION, DISPUTE RESOLUTION AND CHOICE-OF-LAW
The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, at the election of the initiating party, shall be settled either by the courts of the State of Iowa or the United States District Court for the Southern District of Iowa, where applicable, or by the arbitration in Des Moines, Iowa, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction and venue or venue as provided above. The parties hereby acknowledge that certain rights and actions relating to the Site are not compensable with monetary damages and, therefore, hereby consent to extraordinary relief, in equity, including but not limited to injunctive relief, which may be entered and shall be deemed fully enforceable, by either a court or the AAA, with jurisdiction of the matters arising under or relating to the Web site, its Terms and Conditions of Use and/or its Privacy Policy Statement. Each party agrees and consents to the personal jurisdiction and venue in any of these forums for dispute resolution, and will not challenge the service of process, the legal authority, or the jurisdiction of any proceedings which, at the request or either of the parties, may be held Confidential and not publicly disclosed.
ATTORNEY’S FEES
In any action or proceeding between or among the parties hereto to interpret or enforce any of the provisions hereof, the prevailing party shall, in addition to any other award of damages or other remedy, be entitled to reasonable attorneys’ fees and costs.
DISCLAIMER OF WARRANTIES
You as a User of the Site acknowledge and agree that Smiles on Hickman has no liability for any errors or omissions in the Site, including in the Materials, whether provided by Smiles on Hickman or third parties. You further acknowledge and agree that Smiles on Hickman makes no warranty or representation of any kind as to the availability of the Site or any portion thereof, that the Site or portions thereof may be inaccessible for various time periods (whether due to Internet service provider problems or otherwise), and that Smiles on Hickman shall have no liability for any unavailability of or inaccuracy in the Site or the Materials.
User will bear all risk associated with any content that you access. User accessing of any content made available by or through Smiles on Hickman and third parties is subject to your agreement to this provision and these Terms and Conditions.
DISCLAIMER NOTICE:
THIS SITE AND ALL SERVICES PROVIDED THROUGH IT ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER EXCEPT AS EXPRESSLY NOTED IN THE WARRANTY POLICY. ALL OTHER WARRANTIES EXPRESSED, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. SMILES ON HICKMAN DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS PURCHASED FROM OTHER WEBSITES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. SMILES ON HICKMAN SIMILARLY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL.
UNDER NO CIRCUMSTANCES SHALL SMILES ON HICKMAN BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND/OR RELIANCE ON THE SITE, OR ITS ASSOCIATED PRODUCTS AND SERVICES. USER EXPRESSLY AGREES THAT SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF SMILES ON HICKMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.
INDEMNITIES
By using this Site, User agrees to indemnify and defend Smiles on Hickman and its parents, subsidiaries, affiliates, directors, officers, consultants, and employees and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from User’s misuse of this Site or Service.
QUESTIONS, COMMENTS OR NOTICES
If you have questions, comments, or notices about the Smiles on Hickman Site or this Agreement, please contact us in writing at this address: smilesonhickman@dmsmiles.com.
