Dental Hygiene Direct
Website Terms of Use
The following terms and conditions govern all use of the Dental Hygiene Direct, LLC ("Dental Hygiene Direct") website and all content, services and products available at or through the website (taken together, “the Website”). The Website is solely owned and operated by Dental Hygiene Direct. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Dental Hygiene Direct’s Privacy Policy) and procedures that may be published from time to time on the Website by Dental Hygiene Direct (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of the services offered there. If these terms and conditions are considered an offer by Dental Hygiene Direct, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
- Description of Services. Dental Hygiene Direct provides subscribers with access to resources, including various communications tools, forums, search services, and personalized content which may be accessed through various medium or devices now known or hereafter developed (the "Service"). You also understand and agree that the Service may include certain communications from Dental Hygiene Direct, such as service announcements and administrative messages, which communications may be delivered to you electronically, and that these communications are considered part of the Dental Hygiene Direct subscription and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Dental Hygiene Direct services, shall be subject to these terms. You understand and agree that the Service is provided "AS-IS" and that Dental Hygiene Direct assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
- Your Dental Hygiene Direct Account. In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Dental Hygiene Direct has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dental Hygiene Direct has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). If you register and create an account on the Website, you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Dental Hygiene Direct may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Dental Hygiene Direct liability. You must immediately notify Dental Hygiene Direct of any unauthorized uses of your account or any other breaches of security. Dental Hygiene Direct will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Dental Hygiene Direct ID) or access to the Service.
- Dental Hygiene Direct Privacy Policy. Registration Data and certain other personal information about you are subject to our Privacy Policy. For more information, see our full privacy policy posted on the Website. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this personal information, including the transfer of this information for storage, processing and use by Dental Hygiene Direct and its affiliates and agents.
- Member Account, Password and Security. You will create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Dental Hygiene Direct of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Dental Hygiene Direct cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
- Responsibility for User Content. If you operate a account, post material to the Website, or otherwise make material available by means of the Website (any such material, “User Content”), You are entirely responsible for the content of, and any harm resulting from, that User Content. That is the case regardless of whether the User Content in question constitutes text or graphics. You understand and agree that Dental Hygiene Direct does not verify or warrant the truth, accuracy or validity of any User Content posted by subscribers. By making Content available, you represent and warrant that:
- the downloading, copying and use of the User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the User Content, or (ii) secured from your employer a waiver as to all rights in or to the User Content;
- you have fully complied with any third-party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms;
- the User Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine or randomly-generated, and does not contain or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- the Content does not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- your account is not named in a manner that misleads your readers into thinking that you are another person or company; and
- you have accurately categorized and/or described the type, nature, uses and effects of the User Content, whether requested to do so by Dental Hygiene Direct or otherwise.
You acknowledge that Dental Hygiene Direct may or may not pre-screen User Content, but that Dental Hygiene Direct and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Service. Without limiting the foregoing, Dental Hygiene Direct and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable. Without limiting any of the foregoing representations or warranties, Dental Hygiene Direct has the right (though not the obligation) to, in Dental Hygiene Direct’s sole discretion (i) refuse or remove any content that, in Dental Hygiene Direct’s reasonable opinion, violates any Dental Hygiene Direct policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Dental Hygiene Direct’s sole discretion.You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content posted or edited by Dental Hygiene Direct or submitted to Dental Hygiene Direct, including without limitation information in all parts of the Service.
By submitting User Content to Dental Hygiene Direct for inclusion on the Website, you grant Dental Hygiene Direct a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the User Content solely for the purpose of displaying, distributing and promoting your account. If you delete User Content, Dental Hygiene Direct will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the User Content may not be made immediately unavailable. You acknowledge, consent and agree that Dental Hygiene Direct 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 to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Dental Hygiene Direct, its users and the public. NONE OF THE USER CONTENT SHALL BE DEEMED PERSONAL INFORMATION FOR PURPOSES OF THE DENTAL HYGIENE DIRECT PRIVACY POLICY AND DENTAL HYGIENE DIRECT’S RIGHT TO USE AND DISCLOSE ANY SUCH INFORMATION SHALL BE CONTROLLED OR GOVERNED BY THE PRIVACY POLICY.
You understand that the technical processing and transmission of the Service, including User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Dental Hygiene Direct and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
- Fees and Payment. By signing up for a service account you agree to pay Dental Hygiene Direct the subscription fees indicated in exchange for the service(s) purchased. Applicable fees will be invoiced starting from the day your account is established and in advance of using any services purchased. Dental Hygiene Direct reserves the right to change the payment terms and fees charged for services upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on 30 days written notice to Dental Hygiene Direct. Service fees are not refundable.
- Responsibility of Website Visitors. Dental Hygiene Direct has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Dental Hygiene Direct does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent or objectionable, as well as containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Dental Hygiene Direct disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Dental Hygiene Direct links, and that link to Dental Hygiene Direct. Dental Hygiene Direct does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to such website or webpage, Dental Hygiene Direct does not represent or imply that it endorses such website or webpage. Dental Hygiene Direct disclaims any responsibility for any harm resulting from your use of non-Dental Hygiene Direct websites and webpages.
- Copyright Infringement. As Dental Hygiene Direct asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Dental Hygiene Direct infringes your copyright, you are encouraged to notify Dental Hygiene Direct immediately. Dental Hygiene Direct will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Dental Hygiene Direct or others, Dental Hygiene Direct may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Dental Hygiene Direct will have no obligation to provide a refund of any amounts previously paid to Dental Hygiene Direct.
- Intellectual Property. This Agreement does not transfer from Dental Hygiene Direct to you any Dental Hygiene Direct or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Dental Hygiene Direct. The Dental Hygiene Direct logo, and all other trademarks, service marks, graphics and logos used in connection with Dental Hygiene Direct, or the Website are trademarks or registered trademarks of Dental Hygiene Direct or Dental Hygiene Direct’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Dental Hygiene Direct or third-party trademarks.
- Changes to Agreement and Modifications to Services. Dental Hygiene Direct reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Dental Hygiene Direct reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Dental Hygiene Direct shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Dental Hygiene Direct may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Dental Hygiene Direct may terminate this Agreement, your account and access to all or any part of the Website at any time, without cause, upon thirty (30) days advance written notice. Dental Hygiene Direct may, under certain circumstances and without prior notice, immediately terminate your Dental Hygiene Direct account and access to the Service. Cause for immediate termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Service. Termination of your Dental Hygiene Direct account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Dental Hygiene Direct's sole discretion and that Dental Hygiene Direct shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service. If you wish to terminate this Agreement or your Dental Hygiene Direct account, you must provide thirty (30) days advance written notice. Dental Hygiene Direct can terminate the Website immediately as part of a general shut down of its business. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DENTAL HYGIENE DIRECT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
- DENTAL HYGIENE DIRECT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DENTAL HYGIENE DIRECT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitation of Liability. In no event will Dental Hygiene Direct, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) unauthorized access to or alteration of your transmissions or data; (iiv) statements or conduct of any third party on the service; (iiiv) any other matter relating to the service, or (ix) for any amounts that exceed the fees paid by you to Dental Hygiene Direct under this agreement during the twelve (12) month period prior to the cause of action. Dental Hygiene Direct shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Your General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Dental Hygiene Direct Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless Dental Hygiene Direct and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or based on User Content that you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.
- Miscellaneous. This Agreement constitutes the entire agreement between Dental Hygiene Direct and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Dental Hygiene Direct, or by the posting by Dental Hygiene Direct of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Commonwealth of Virginia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Norfolk, Virginia. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and reasonable attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to any party; Dental Hygiene Direct may assign its rights under this Agreement to any successor. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These Terms of Service were last revised and were effective as of August 2010.


