2. MATERIALS ON SITE
3.1 Unless otherwise stated, the Materials are owned by MediaMed. All trademarks and logos used or referred to in this Site are the property of MediaMed or their respective owners. Nothing on this Site confers any license or right to any copyright, patent, trademark or other proprietary interest of 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.
3.3 You acknowledge that, in the event of your breach of any of the foregoing provisions, MediaMed may not have an adequate remedy in money or damages. 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.
4. USE OF THE MEDIAMED WEB SOLUTION
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.
(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.
Additional Terms Applicable
to Use of the MediaMed Web Solution by Dentists. In addition to all other terms set
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
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.
5.1 MediaMed, Inc. 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, MediaMed 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. 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. 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.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL MEDIAMED, 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 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.
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
9. EXPORT RESTRICTIONS
If any provision of these
the invalidity of such provision shall not affect the validity of the remaining
continuing waiver of such term or any other term. In the event of any
the provisions contained in the following Sections: “Ownership,” “Disclaimer,”
“Limitation of Liability,” “Indemnification,” “Governing Law,” and “General.”