Terms of Use

INTRODUCTION

1. These Terms of Use state the terms and conditions under which you may use this website (the “Site”). Please read this page carefully. If you do not accept these Terms of Use, do not use the Site as your use of the Site constitutes your agreement to abide by these Terms of Use. O’Donnell Dentistry 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

2. O’Donnell Dentistry 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, software and other material, including without limitation (collectively, the “Materials”), are protected by copyright, trademark and other United States 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 and O’Donnell Dentistry. 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

3.1 Unless otherwise stated, the Materials are owned by O’Donnell Dentistry. All trademarks and logos used or referred to in this Site are the property of O’Donnell Dentistry or their respective owners. Nothing on this Site confers any license or right to any copyright, patent, trademark or other proprietary interest of O’Donnell Dentistry 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.

3.2 O’Donnell Dentistry and its 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 sub-license, 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 O’Donnell Dentistry claims and reserves all rights and benefits afforded under Federal law in the programs, data-base information, and user materials included in the O’Donnell Dentistry as copyrighted works. O’Donnell Dentistry reserves all rights not expressly granted in these Terms of Use.

3.3 You acknowledge that, in the event of your breach of any of the foregoing provisions, O’Donnell Dentistry may not have an adequate remedy in money or damages. O’Donnell Dentistry 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 Patient Education Videos

4. USE OF THE MEDIAMED WEB SOLUTION (Patient Education Videos)

4.1 Use of the MediaMed Web Solution by Any User
(a) By viewing the MediaMed Web Solution, you confirm that you have been issued a password directly by MediaMed to access the MediaMed Web Solution or you have received a password directly from your dentist, insurance company or instructor to view the MediaMed Web Solution for informational purposes only.

(b) MediaMed grants you a nonexclusive, non-transferable, revocable license to view the MediaMed Web Solution for your personal, non-commercial use pursuant to the terms set forth in these Terms of Use.

(c) You agree that under no circumstances shall you provide any personally identifiable information such as name, address, email address or phone number to MediaMed.

(d) You agree to use the MediaMed Web Solution for informational purposes only and will not use the 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 MediaMed does not provide medical or dental advice or diagnoses and MediaMed shall not be liable to you for any misinterpretation or misunderstanding of the MediaMed Web Solution by you or any other party. You should discuss any MediaMed Web Solution content you view with your dentist and look to your dentist for any diagnoses or advice and to determine the applicability, risks and benefits of any procedure described in the 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.

4.2 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 MediaMed Web Solution in accordance with the written agreement between you and MediaMed and you must have obtained a password directly from MediaMed for use of the MediaMed Web Solution. Your failure to comply with these Terms of Use or the terms of your written agreement with MediaMed may result in revocation of your license and password to use the MediaMed Web Solution, and MediaMed may pursue all other remedies available to it.

You agree to use the MediaMed Web Solution and present the MediaMed Web Solution to your patients for informational purposes only and will not use the 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 MediaMed Web Solution content shown or recommended to any patient. You acknowledge that MediaMed does not provide medical or dental advice or diagnoses and MediaMed shall not be liable to you or any third party for any misinterpretation or misunderstanding of the MediaMed Web Solution by you or any third party, including without limitation, your patients or staff.

5. DISCLAIMER

5.1 O’Donnell Dentistry 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, O’Donnell Dentistry IS NOT RESPONSIBLE FOR THOSE COSTS.

5.2 THE SITE AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. O’Donnell Dentistry, 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. O’Donnell Dentistry 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.

6. LIMITATION OF LIABILITY

IN NO EVENT WILL O’DONNELL DENTISTRY, 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 O’DONNELL DENTISTRY 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. INDEMNIFICATION

You will indemnify, hold harmless, and, if O’Donnell Dentistry requests, defend O’Donnell Dentistry, its 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 MediaMed Web Solution or (ii) your breach of these Terms of Use.

8. 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 Virginia, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts in the State of Virginia in any litigation or dispute arising out of or related to these Terms of Use or the Materials.

9. 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.

10. COPYRIGHT

Copyright ©2016 O’Donnell Dentistry. All rights reserved. All materials presented on this site are copyrighted and owned by O’Donnell Dentistry, 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.

11. 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.

O’Donnell Dentistry respects the intellectual property of others, and we ask our users and visitors to do the same. O’Donnell Dentistry 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, O’Donnell Dentistry 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 O’Donnell Dentistry 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 O’Donnell Dentistry 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:

By Mail:

O’Donnell Dentistry
Copyright Agent
3700 Old Forest Rd
Lynchburg, VA 24501

By Email:

copyright@odonnelldentistry.com (Please include “Notice of Infringement” in the subject line.)

12. 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 October 23, 2016.


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Phone: (434) 385-8888

Address: 3700 Old Forest Rd, Lynchburg, VA 24501

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