Expert Advice - A Siva Solutions Inc. Company provides a web-based solution that connects potential patients interested in learning more about how to improve their smile with potential health care providers (the “Expert Advice Service”). The Expert Advice Service is free to potential patients, but health care providers (each a “Customer”) must purchase a subscription for use by their authorized users. If you are either a potential patient using the Expert Advice Service on your own or an authorized user accessing the Expert Advice Service under a Customer’s purchased subscription rights, you are a “User” and subject to this User Agreement. This User Agreement is a legally binding contract between Expert Advice and you, the prospective user reading these words.
If you are accessing the Expert Advice Service under rights purchased by a Customer who authorized you to access the Expert Advice Service, you may or may not be an employee of the Customer. But, you must agree to comply with this User Agreement if you access or use the Expert Advice Service.
If you have any questions over this document or what legal terms apply to your use of the Expert Advice Services, please contact Expert Advice at Contact@ExpertAdvice.Dentist.
By accessing or using the Expert Advice Service, or by clicking to accept or agree to the User Agreement when this option is made available, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound and abide by the User Agreement, which include our Privacy Policy, incorporated herein by reference. If you do not wish to agree to the User Agreement or the Privacy Policy, you must not access or use the Expert Advice Service. The Expert Advice Service is offered and available to users who are eighteen (18) years of age or older. By using the Expert Advice Service you represent and warrant that you are of legal age to form a binding contract with Expert Advice. Also, please note that we may revise and update this User Agreement from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Expert Advice Service thereafter. Your continued use of the Expert Advice Service following the posting of changes means that you accept and agree to the changes. It is your responsibility to check this User Agreement periodically for changes, as these changes are binding on you.
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicense able license and right to access and use the Expert Advice Services, through a generally available web browser, in accordance with this Agreement. Any other use of Expert Advice Services is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Expert Advice Service and all related items.
This User Agreement contains provisions that govern the resolution of claims between you and Expert Advice. It also includes an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. Unless you opt out, you will only be able to pursue claims against Expert Advice on an individual basis, not as part of any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
We value your privacy and understand your privacy concerns. Please review our Privacy Policy, which also governs your access to and use of the Expert Advice Service, so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Expert Advice Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You further understand that any information collected by Expert Advice may be transferred to the United States and/or other countries for storage, processing and use by Expert Advice and its affiliates.
If an organization or other third party that we refer to in this User Agreement as a Customer has invited you to use the Expert Advice Service and join one or more of that Customer’s account, your access and use of the Expert Advice Services is controlled by that Customer.
The Customer who invited you to use the Expert Advice Service has separately agreed to our Customer Agreement, which permits that Customer to create and configure user accounts so that you and others may join as authorized Users. The Customer Agreement contains terms concerning Expert Advice’s provision of professional Services and the Expert Advice Service to Customer, who may then invite authorized Users, such as your, to join. When a User, such as you, submits any content or information to the Expert Advice Service (“Customer Data”), you acknowledge and agree that the Customer Data is owned by the Customer and the Customer Agreement provides the Customer with choices and control over that Customer Data. These choices and controls may result in the access, use, disclosure, modification or deletion of Customer Data.
AS BETWEEN Expert Advice AND CUSTOMER, YOU AGREE THAT CUSTOMER IS SOLELY RESPONSIBLE TO (A) INFORM ITS AUTHORIZED USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY Expert Advice SERVICE SETTINGS THAT MAY IMPACT ON THE HANDLING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS, OR CONSENTS FROM CUSTOMER’S AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE Expert Advice SERVICE, AND (C) RESPOND TO AN RESOLVE ANY DISPUTE WITH CUSTOMER’S AUTHORIZED USER RELATED TO OR BASED ON CUSTOMER DATA, THE Expert Advice SERVICE OR CUSTOMER’S FAILURE TO FULFILL THESE OBLIGATIONS.
Expert Advice MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE Expert Advice SERVICE OR THE PROFESSIONAL SERVICES AND ALL RELATED COMPONENTS AND INFORMATION, ALL OF WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. Expert Advice EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. YOU ACKNOWLEDGE THAT Expert Advice DOES NOT WARRANT THAT THE PROFESSIONAL SERVICES OR Expert Advice SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
To help ensure a safe and productive environment, all Users must comply with the following acceptable use standards when using the Expert Advice Service, as well as promptly report any inappropriate behaviour or content to Expert Advice.
Acceptable Uses. You agree to undertake the following:
Unacceptable Uses. You agree not to do the following:
If you are accessing under a Customer’s subscription, this User Agreement remains in effect until your Customer’s subscription for you expires or is terminated, or your access to the Expert Advice Service has been terminated by the Customer or Expert Advice. Please contact your Customer if you at any time wish to terminate your use of the Expert Advice Service, including due to any disagreement with this User Agreement.
If you are a potential patient, this User Agreement remains in effect until you elect to close your account or Expert Advice terminates your account. Expert Advice may terminate your account at any time, without notice. You may terminate your account by contacting Expert Advice at Contact@ExpertAdvice.Dentist
To the maximum extent permitted by law, neither Expert Advice nor any of our affiliated companies, employees, agents, consultants, contractors, members, or managers (‘Expert Advice Affiliates’) shall be cumulatively liable for (a) any damages in excess of the greater of either $10 USD or the total amount paid by you to Expert Advice during the six-month period preceding the event giving rise to the alleged liability, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Professional Services or Expert Advice Service, or any of the content or other materials on, accessed through or downloaded from Expert Advice. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
Notices regarding this Agreement to Expert Advice shall be in writing and sent by first class mail or overnight courier (if from within the United States), or international courier, addressed to Expert Advice at the headquarters address shown on our Website, Attn: Contracts Administrator. Expert Advice may give notice applicable to Expert Advice’s general customer base by means of a general notice through the Expert Advice messages portal, and notices specific to You by electronic mail to Your designated contact’s email address on record with Expert Advice, or by written communication sent by first class mail or overnight courier (if to an address within the United States), or international courier, to Your address on record in Expert Advice’s account information. All notices shall be deemed to have been given three (3) days after mailing or posting (if sent by first class mail), upon delivery in the case of courier, or twelve (12) hours after sending by confirmed facsimile or email.
If any provision or portion of this Agreement is held invalid, illegal, void or unenforceable as it appears in this Agreement by reason of any rule of law, administrative or judicial provision or public policy, then such provision shall be construed as being enforceable to the extent such rule of law, administrative or judicial provision or public policy allows. All other provisions of this Agreement shall nevertheless remain in full force and effect. Neither of the parties shall be deemed to have waived any of its rights, powers or remedies hereunder unless the waiving party expresses such a waiver in writing.
If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
You may not assign or delegate any rights or obligations under this User Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this User Agreement, fully or partially without notice to you. We may also substitute, effective upon notice to you, Expert Advice for any third party that assumes our rights and obligations under this User Agreement.
We operate and control the Expert Advice Service from our location in the State of California, USA. We make no representation that any information, materials or functions included on or through our sites are appropriate for use in any other jurisdiction. If you choose to access the Expert Advice Service from locations other than within the State of California, you do so on your own initiative and are responsible for compliance with applicable laws and regulations. You agree that this Agreement, and the rights and obligations hereunder, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to conflict of laws principles
Except as set forth below, ANY DISPUTE OR CLAIM ARISING UNDER THIS USER AGREEMENT, INCLUDING THE PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE, OR RELATING IN ANY WAY TO YOUR USE OF THE PROFESSIONAL SERVICES AND Expert Advice SERVICE WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT; provided, however, that the following are exceptions to our agreement to arbitrate our disputes:
(a) Any claim that qualifies as a small claim in a court of limited subject matter jurisdiction must be brought in such court; and
(b) Any claim for injunctive relief may be brought in a court of competent jurisdiction to enjoin intellectual property infringement or misuse.
All disputes subject to arbitration hereunder shall be settled and determined by arbitration before a panel of one (1) arbitrator in Riverside County, under the Commercial Rules of the American Arbitration Association then in effect. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The parties agree that the arbitrator shall have the power to award damages, injunctive relief and reasonable attorneys’ fees and expenses to the prevailing party. Notwithstanding any of the foregoing, THE ARBITRATOR WILL NOT BE EMPOWERED AND DOES NOT HAVE THE AUTHORITY TO HEAR OR DECIDE ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, TO AWARD PUNITIVE OR EXEMPLARY DAMAGES OR TO AWARD ATTORNEYS’ FEES TO THE PREVAILING PARTY.
You may opt out of this agreement to arbitrate by providing written notice of your intention to do so to Expert Advice within 60 days of the earlier of your first use of the Expert Advice Service or your registration with the Expert Advice Service.
Any cause of action or claim you may have arising out of or relating to the User Agreement or the Expert Advice Service must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
You agree that this User Agreement, including the documents incorporated herein by reference such as the Privacy Policy, constitutes the entire, complete and exclusive agreement between you and us regarding the Professional Services and Expert Advice Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
If any provision or portion of this Agreement is held invalid, illegal, void or unenforceable as it appears in this Agreement by reason of any rule of law, administrative or judicial provision or public policy, then such provision shall be construed as being enforceable to the extent such rule of law, administrative or judicial provision or public policy allows. All other provisions of this Agreement shall nevertheless remain in full force and effect. Neither of the parties shall be deemed to have waived any of its rights, powers or remedies hereunder unless the waiving party expresses such a waiver in writing.