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February 2008
Terms of use; acceptance of contract terms
The following are terms of an agreement between you and FX Design,
Inc., henceforth referred to throughout this
document as ("FX Design"). By accessing, browsing, or using
fxdesigndentalmedical.com you acknowledge that you have read, understood and agree to be bound by these terms and the terms of our privacy policy. If you do not agree to these
terms and/or to the terms of our privacy policy, please do not use the site. Users should check
these terms of use and the privacy policy
periodically. By accessing, browsing or using the
site after these terms of use and/or the privacy
policy are revised, you agree to accept those
revisions.
Users
Users agree to provide the site with accurate
information in connection with the purchase of any
product or service purchased or obtained via or in
connection with the site.
The Site
FX Design reserves the right, in its sole
discretion, to modify and/or discontinue any part
of the site or any services or products offered
via the site at any time, with or without notice.
FX Design authorizes you to view and download the
materials at this website ("site") only for your
personal, non-commercial use, provided that you
retain all copyright and other proprietary notices
contained in the original materials on any copies
of the materials. You may not modify the materials
at this Site in any way or reproduce or publicly
display, perform, or distribute or otherwise use
them for any public or commercial purpose. Any use
of these materials on any other website or
networked computer environment for any purpose is
prohibited. The materials at this site are
copyrighted and any unauthorized use of any
materials at this site may violate copyright,
trademark, and other laws. If you breach any of
these terms of use, your authorization to use this
site automatically terminates and you must
immediately destroy any downloaded or printed
materials.
Links to Other Sites
The site may contain links to other sites hosted
and/or maintained by third parties. FX Design
shall not be responsible for the content of any
third party sites that may be linked to or from
fxdesigndentalmedical.com. These links are provided for
your convenience, and you use them at your own
risk. A link to a third party site is not an
endorsement of any third party site or service. FX
Design does not assume any responsibility or
liability for the content or use of any third
party site or any third party's products and/or
services.
Product/Service Terms of Use
Certain FX Design products and services available
through the site may have their own terms of use.
You agree to be bound by the terms of the purchase
with FX Design relating to the purchase of any
products or services via this site. You agree that
in the event of any conflict between these terms
of use and the terms of your purchase, the terms
of the purchase shall control.
Software
Certain software ("software") that you may
download from the site is the copyrighted works of
FX Design. Your use of the software is governed by
the terms of any end user license agreement that
accompanies the online download process. You may
use the software only in accordance with the terms
of any accompanying license agreement, and you are
prohibited from using, reproducing, copying, in
whole or in part, distributing, decompiling,
decrypting, reverse engineering, disassembling,
displaying, downloading, storing, transmitting,
distributing, selling or otherwise commercially
exploiting any part of the software. Any third
party software you may download via the site is
subject to the terms and conditions of the third
party's license agreement with you, if any. You
hereby assure FX Design that you will not
sublicense, export, or transfer ownership rights
in the Software. In addition, you agree that you
shall not violate any laws or regulations
regarding the export or distribution of software
outside the United States, including, but not
limited to, encryption software.
Our Transmissions
Any material, information or idea you transmit to
or post on this site by any means will be treated
as non-confidential and non-proprietary, and may
be disseminated or used by FX Design or its
affiliates for any purpose whatsoever, including,
but not limited to, developing, manufacturing and
marketing products and services. Notwithstanding
the foregoing, all personal data provided to FX
Design will be handled in accordance with FX
Design's online Privacy Policy.
You are prohibited from posting or transmitting to
or from this site any unlawful, threatening,
libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material,
or any other material that could give rise to any
civil or criminal liability under the law.
Indemnification
You agree to indemnify and hold harmless FX
Design, its subsidiaries and affiliates, and their
respective officers, employees and agents, from
any and all third party claims or demands,
including reasonable attorney's fees, arising out
of your use of the site, your breach of these
terms of service and/or your infringement of any
intellectual property right(s).
Disclaimer and Limitation of Liability
FX Design assumes no liability for any errors or
omissions contained on or in the site. The site is
offered to you on an "As Is" basis without a
warranty of any kind, either express or implied,
including without limitation, any warranty of
merchantability or fitness for a particular
purpose.
FX DESIGN SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO LOST
PROFITS, LOST SAVINGS OR LOST POSTAGE, ARISING OUT
OF THE USE OR INABILITY TO USE THE SITE EVEN IF FX
DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL FX DESIGN'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION OF ANY KIND RESULTING FROM YOUR
USE OF THIS SITE, WHETHER IN CONTRACT, TORT OR
OTHERWISE, EXCEED ONE DOLLAR ($1.00).
Waiver
FX Design's failure to enforce the strict
performance of any provision of this Agreement
will not constitute a waiver of its right to
subsequently enforce such provision or any other
provisions hereunder.
Choice of Law and Jurisdiction
The validity and interpretation of this agreement
and the legal relations of the parties to it shall
be governed by the laws of the state of
Connecticut, without regard to its conflict of
laws principles. In the event of a dispute, the
parties hereto agree to consent to the exclusive
jurisdiction of the state and federal courts of
the state of Connecticut.
Trademarks and Copyrights
The trademarks and service marks of FX Design,
Inc. are
the intellectual property of FX Design, Inc. and its
affiliates and subsidiaries in the United States
and certain foreign countries (collectively
"marks"). All third party trademarks on the site
are the property of their respective owners and
are used with the owners' permission. Except as
provided by applicable law, the marks may not be
used and/or reproduced without the written
permission of FX Design. Those uses that are
authorized must comply with FX Design's trademark
usage guidelines (provided when necessary upon
request). All copyrightable material ("material")
on the site, including, but not limited to, the
arrangement and presentation of materials on the
site, is protected under copyright law as the
exclusive property of FX Design. The Material may
not be used and/or reproduced without the written
permission of FX Design. Any third party
copyrighted material appearing on the Site is used
with the owner's permission. FX Design will
enforce its intellectual property rights to the
fullest extent permitted under the law.
Other Trademarks and Servicemarks
Other product and company names are trademarks of
their respective owners.
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Acrobat® |
Adobe Systems
Incorporated |
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Adobe Acrobat® |
Adobe Systems
Incorporated |
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