Legal Terms and Conditions
BY ACCESSING THE WEBSITE OR REGISTERING FOR AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, AND ALL OF PCI’S POLICIES AND GUIDELINES, WHICH ARE INCORPORATED BY REFERENCE.
Any person who wishes to access and use the Website and/or Services to contemplate, plan or find a dental transition, must accept the terms and conditions of this Agreement without change. The Services are available only to, and may only be used by, individuals who are (i) 18 years and older; (ii) can form legally binding contracts either personally or on behalf of a legal business entity; and (iii) are not a competitor of PCI and are not using the Services to compete with PCI.
The Website is a venue for Members to connect and provides a social platform. Members may also separately engage PCI for additional services, including transition services, only upon the entering into a separate agreement with PCI for such services and nothing in this Agreement will be implied to create a agreement with PCI for such transition services. You acknowledge and agree that the Website is a venue and that PCI is thus not responsible or liable for any content posted on or provided through the Services by Members. You use the Services at your own risk.
To access and use the Services, you must register for an account (an “Account”). If you create an Account, you will create a password during the registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your Account. You agree to: (a) provide accurate, current and complete information about yourself and/or your organization as prompted by the registration form (your “Registration Data”); (b) maintain and promptly update the Registration Data to keep it accurate, current and complete; (c) immediately notify PCI of any unauthorized use of your password or Account or any other breach of security; and (d) ensure that you exit from your account at the end of each session. You and/or your business entity are solely responsible for all activities that occur under your username and password. If you create an Account on behalf of a legal business entity, your Registration Data must accurately reflect your role and relationship to that entity. Accounts are not transferrable, except that responsibility for an Account for a legal business entity may be transferred to another designated user on behalf of that entity.
If you register for an Account, you may have the ability to post certain information, including images, text, graphics and/or links (collectively, “User Content”). You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available on the Service or transmit to other Members or Accounts. By posting User Content you grant PCI an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with right to sublicense) to use, copy, display, reformat, edit, translate, excerpt and distribute such User Content for any purposes, commercial, advertising or otherwise. By posting User Content, you also represent and warrant that you either own or have permission to post the User Content; that no third party rights will be violated by such posting; and that you have the right to grant PCI the rights granted herein.
You understand and agree that PCI may, but is not obligated to, monitor or review any User Content you post on the Website or as part of a Service. PCI may delete any User Content, in whole or in part, that in the sole judgment of PCI violates this Agreement or may harm the reputation of the Website or PCI.
PCI Intellectual Property.
Except all User Content, PCI owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of PCI and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of PCI or, if such property is not owned by PCI, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. If PCI discovers that you are using any of PCI’s or another’s intellectual property in any inappropriate or unauthorized manner, PCI may terminate your Account and this Agreement, with or without notice, and may pursue all available remedies for such intellectual property infringement.
Third Party Intellectual Property.
PCI respects the intellectual property rights of others. PCI will respond promptly to remove material that infringes another person’s copyright or other intellectual property right once brought to PCI’s attention. If you believe that your work has been copied and posted on the Service or Website in a way that constitutes copyright or other infringement, please provide PCI’s agent (designated below) with the following information: (i) a copy or description of the copyrighted work or trademark that you claim has been infringed, including registration number if applicable; (ii) the location of where the infringing material is located; (iii) your contact information including telephone number, physical and email address; and (iv) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on its behalf.
Our designated agent to receive notices of claimed infringement is: DentalRecruiting@PattersonDental.com
Compliance with Applicable Laws and Policies.
Your use of the Website and Service, including all User Content you post through the Service, must comply with all applicable laws and regulations. You agree that PCI may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any User Content violates the rights of third parties; or (iv) protect the rights, property or personal safety of PCI or any other person. You also agree to comply with PCI’s policies and terms and conditions that it publishes on its website and through the Services.
Amendments to Agreement.
PCI may update this Agreement at its sole discretion. Your continued use of the Website or Services after any amendments to this Agreement constitutes your acceptance of this Agreement, including any amendments. If at any time you become no longer able to comply with the terms of the current version of this Agreement, this Agreement will automatically terminate and PCI may deactivate your Account such that you will not be able to use the Services.
PCI reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that PCI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Service. To protect the integrity of the Website or the Service, PCI reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service.
This Agreement is effective until terminated. You may terminate this Agreement by deactivating your Account. In the event that you terminate or breach this Agreement, you will forfeit your right to use any and all Services. PCI may terminate this Agreement, or your Account, for any reason or for no reason, with or without notice to you. For example, if you breach this Agreement, if PCI learns that your Account is used for any unauthorized or inappropriate activity as determined by PCI, or if PCI discontinues the Services, PCI may suspend, terminate, modify, or delete your Account or this Agreement with or without notice to you. After your Account is terminated for any reason, all terms of this Agreement shall survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
You agree to indemnify and hold harmless PCI, and its subsidiaries and other affiliates, and its and their respective officers, agents and employees, from any claim or demand by any third party arising out of your use of the Website or Services, including but not limited to, the use of any Account and the Website, your violation of any term of this Agreement, and your violation of any rights of another person or entity. You agree to cooperate fully with PCI in the defense of any claim. PCI reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of PCI.
The Website may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Website are accurate and comply with all applicable laws. PCI is not responsible for the acts or omissions of any advertiser or sponsor.
THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH THE WEBSITE OR SERVICES, ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND SERVICES AND ANY TRANSACTIONS OR INFORMATION RECEIVED THROUGH THEM.
PCI DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF INFORMATION OR THAT THE FUNCTIONS CONTAINED ON THE WEBSITE OR OFFERED IN CONNECTION WITH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. PCI MAKES NO COMMITMENT TO UPDATE ITS SERVICES OR TO MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED BY PCI OR PROVIDED IN CONNECTION WITH THE SERVICES MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE.
Limitation of Liability.
PCI is not responsible for the conduct of any Members. To the fullest extent allowed by applicable law, PCI and its members, directors, officers, employees, and agents are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the Website or Services, your Account, or any information received or published in connection with any of the Website or Services. Your sole remedy for dissatisfaction with or any claim related to the Services is to terminate your Account and/or stop using the Website and/or Services.
This Agreement shall be construed, governed by and interpreted according to the internal laws of the State of Minnesota, excluding any choice of law rules that may direct the application of the laws of another jurisdiction. Any dispute, claim or controversy relating to or arising under this Agreement or the dealings of the parties which cannot be resolved amicably by the parties shall be commenced and prosecuted exclusively in the state courts of Hennepin County, Minnesota or the federal court for the District of Minnesota located in Minneapolis, Minnesota (in either event, the “Forum Court”). The parties stipulate and consent to the exclusive jurisdiction, personal jurisdiction and proper venue of the Forum Court and waive and relinquish all right to attack the suitability or convenience of such venue or forum by reason of their present or future domiciles, or by any other reason. The parties acknowledge that all directions issued by the Forum Court, including all injunctions and other decrees, will be binding and enforceable in all jurisdictions. If any provision of this Agreement is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. PCI’s failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.