Website Terms of Use

WHOLE HEALTH DENTISTRY, LLC WEBSITE TERMS OF USE

Effective Date: July 10, 2018

This website and any related websites (“the Website”) and the services available through the Website are operated by Whole Health Dentistry, LLC (“Whole Health,” “Company,” “we,” “our,” and “us”).  These Terms of Use constitute a legal agreement between you (“you,” “your,” “the user,” and “the customer”) and Whole Health.  The Website provides information related to Whole Health’s dental practice and services (“the Services”).

Please read the Terms of Use carefully before you start to use the Website.  By accessing and using the Website or any online account you create on our Website, you accept without modification all of the terms, conditions, and notices contained in these Terms of Use.  If you do not agree to these Terms of Use, or the Whole Health Dentistry Website Privacy Policy (the “Privacy Policy”) then you must not access or use the Website.

The Website is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions.  By using and providing information to the Website, you represent and warrant that you are of legal age to form a binding contract with Whole Health and meet all the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Website.

Modification of these Terms of Use

Whole Health may update or change the terms, conditions, and notices for the Website’s Services from time to time in order to reflect changes in the Services, changes in the law, or for other reasons as deemed necessary by Whole Health, in its sole discretion. Your continued access to or use of the Website after any such change shall constitute your consent to such change.  Unless explicitly stated otherwise, any new features that change or improve the Website shall be subject to these Terms of Use, as modified from time to time.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Privacy and Personal Information

You may be required to register to use the Website.  To set up an account, you may be required to provide information about yourself.  Additionally, data pertaining to your online transactions and usage may be collected, analyzed, and stored by Whole Health.  Whole Health agrees that it will only use and/or disclose your personal information in accordance with the terms of the Privacy Policy.  The Privacy Policy is hereby incorporated into these Terms of Use.  By agreeing to these Terms of Use, you are also agreeing to the Privacy Policy.  In accessing and using the Website, you accept without modification all of the terms, conditions, and notices contained in the Privacy Policy.

Third Party Websites

The Website may contain links to websites controlled or operated by persons and companies other than Whole Health (“Linked Websites”).  The Linked Websites are not under the control of Whole Health, and Whole Health is not responsible for the contents of any Linked Website, including without limitation any link contained on a Linked Website, or any changes or updates to a Linked Website.  Whole Health is not responsible if the Linked Website is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Website.  Whole Health is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Whole Health of the Website or any association with its operators.  You are responsible for viewing and abiding by the privacy policies and terms of service posted on the Linked Websites.  You are solely responsible for any dealings with third parties who support Whole Health or are identified in the Website, including the delivery of and payment for goods and services.

Prohibited Uses

You agree that you will not:

  • Use the Website for any purpose that is unlawful or contrary to these Terms of Use;
  • Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of them;
  • Attempt to gain unauthorized access to any Website account, computer systems or networks associated with Whole Health, or the Website;
  • Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided for by Whole Health;
  • Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • Impersonate or attempt to impersonate Whole Health, a Whole Health employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Content Available on the Website

The Website and all content offered through it, including but not limited to, text, third party applications, photos, graphics, and everything else you see, hear, and use through the Website (the “Content”) are intended to provide information only and are solely for your personal and non-commercial use.  You may not sublicense, transfer, or otherwise make available any of the Content to any third party for commercial purposes.  You may not modify any Content without first obtaining written permission from Whole Health.

Intellectual Property Notices

The Content and Website are protected by copyrights or are subject to other proprietary rights.  This means that anyone using the Website is not permitted to use the Content in any manner, except as expressly permitted by Whole Health in this Terms of Use Agreement, or similar agreements of others who have licensed their Content to Whole Health, as expressly permitted by those other parties’ respective Terms of Use, or similar agreements.  Also, any of the names and logos (which are commonly referred to as “trademarks”) that appear on the Website are owned by Whole Health or others who have licensed their use to Whole Health.  The trademarks may not be used in any manner without the prior permission of the owners.  You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of any and all of the Content and trademarks that you see, hear, and use on the Website.  You understand that any unauthorized use of the trademarks or Content would result in irreparable injury to Whole Health for which money damages would be inadequate and in such event Whole Health will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.  You further agree to hold Whole Health harmless and to indemnify Whole Health for any and all direct or indirect damages that do arise as a result of your violation of any applicable policy.  Whole Health may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Website, including pages that are part of the Website.  Except as expressly provided in these Terms of Use, the provision of Whole Health’s Services and the furnishing of such information to you do not give you any license to these patents, trademarks, copyrights, or other intellectual property.  Any rights not expressly granted herein are reserved.

Warranty Disclaimer

Whole Health makes no representations or warranties about the suitability, reliability, availability, timeliness, and accuracy of the information, Services, and related graphics contained or obtained through the Website for any purpose.  All such information, Services, and related graphics are provided “as is” without warranty of any kind.  Whole Health and/or its respective partners hereby disclaim all warranties and conditions with regard to this information, Services, and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

Third Party Applications Disclaimer

You acknowledge that your access and use of any third party applications or software on the Website as part of Whole Health’s Services and Content (the “Third Party Applications”) is at your discretion and risk, and Whole Health has no liability to you arising out of or in connection with your use of the Third Party Applications.  Whole Health hereby disclaims any representation, warranty, or guaranty regarding the Third Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third Party Applications, and you agree to indemnify and hold Whole Health harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third Party Applications.

Limitation of Liability

In no event will Whole Health be liable to you or any third person for any indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website, the provision or failure to provide Services, or for any information or Services obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability, or otherwise, even if Whole Health or any of its suppliers or affiliates has been advised of the possibility of damages.  Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.  If you are dissatisfied with any portion of the Website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.  In no event will Whole Health’s liability for any damages, losses, and causes of action, whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Website.

Governing Law

These Terms of Use are governed by the laws of the State of Ohio, U.S.A.  You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Lima, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Website.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Whole Health as a result of these Terms of Use or use of the Website.  You may not assign these Terms of Use without the prior written consent of Whole Health in all instances.  Whole Health may assign these Terms of Use, in whole or in part, at any time.  Whole Health’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Whole Health’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Whole Health with respect to such use.

Indemnification

You agree to indemnify and hold Whole Health, its parents, subsidiaries, affiliates, officers, employees and agents, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct in connection with the Website.

General

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.  These Terms of Use, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and Whole Health with respect to the Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Whole Health. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained  in printed form.

Arbitration

At its sole discretion, Whole Health may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.  By using the Website, you hereby consent to submission of any dispute to final and binding arbitration.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Customer Support

Whole Health may provide information about how to use the Website.  If you have any questions about the Website or any problems that you would like to report, please contact us at info@wholehealthdentistry.com.