FindMyOrtho.com Terms of Use

Effective Date: ___10/1/2012____

Welcome to orthodontist-Orlando.com. Utopian Life Partners (“ULP”) offers the FindMyOrtho.comwebsite, its content, and services in connection with its website and content (collectively “Website”). You agree, by your accessing of the Website, that you have read, understood, and agree to be bound by these terms of use, regardless of your status as a visitor, advertiser or interact in any way with the Website or information/services offered through the Website. If you do not agree with the terms and conditions contained within this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

The articles, ebook and videos on this site do not dispense medical, legal or professional advice, nor do they prescribe any treatment or strategy that should be tested without the advice of a professional. Information presented on this site is for educational or entertainment purposes only. You are responsible for your own actions should you use any information found on this site.

ULP’s site content is protected by copyright law. All rights are reserved. You many not use the Website for anything else that is not allowed under these Terms of Use or the copyright law of the United States.

READ THESE TERMS OF USE. THEY CONTAIN INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

ULP MAY MODIFY, DELETE, OR ADD TO THESE TERMS OF USE AT ANY TIME AND WITHIN ITS DISCRETION. IF UTOPIAN LIFE PARTNERS CHANGES THESE TERMS OF USE, IT WILL CHANGE THE EFFECTIVE DATE OF THE TERMS OF USE LOCATED AT THE TOP OF THIS PAGE. YOU AGREE TO BE BOUND BY ANY MODIFICATION OF THESE TERMS OF USE AND TO REVIEW THE MOST CURRENT VERSION OF THESE TERMS OF USE PRIOR TO USING THE WEBSITE OR SITE CONTENT. YOUR USE OR ACCESS OF THE SITE CONTENT FOLLOWING A CHANGE IN THE EFFECTIVE DATE CONSTITUTES ACCEPTANCE OF THE CHANGE IN THE TERMS OF USE.

1. Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess the consent of your legal parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

You warrant that you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise. You warrant that you are not prohibited from assenting to this Agreement by any preexisting agreement.

If you are using the Website on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.

ULP is a service provider and makes no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of the information contained within any online or any other goods or services displayed on or offered through the Website. You understand and agree that the content of this Website does not contain or constitute representations to be reasonably relied upon, and you agree to hold ULP harmless for any errors, omissions, or misrepresentations contained within the Website’s content. ULP does not endorse or recommend any product or service and is provided for informational and advertising purposes only. FindMyOrtho.com does not endorse any orthodontist that has a listing on the website.

2. User Provided Data

You warrant that you will provide the most current, accurate, and complete information about yourself where requested by ULP. You are responsible for your use of this Website.

3. Privacy Policy

You agree to be bound by ULP’s Privacy Policy. That Privacy Policy is incorporated into these Terms of Use.

4. Ownership of Website Content

The Website, which includes but is not limited to the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like, as well as their selection and arrangement, are owned by ULP. The Website is subject to copyright, trademark, and other intellectual property rights. ULP will protect its copyright protected Website content to the fullest extent allowed under law.

Except for the User Generated Content that you provide, the Website may not be used, modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any for or by any means, in whole or in part, without ULP’s prior written consent.

5. User Generated Content

You are responsible for your User Generated Content you submit to this Website. This includes but is not limited to any text, photos, email, name, likeness, video, advertisements, listings, information, and other content that you contribute to the Website. Your User Generated Content belongs to you, subject to our rights as outlined below and you warrant your legal right to provide any User Generated Content to this Website.

You give ULP an irrevocable and non-exclusive license to use your User Generated Content for the purposes of the Website or our Trusted Partners program. These purposes may include but are not limited to making copies for storage or archival purposes. You give ULP permission to reproduce, publish, distribute, modify, destroy, or otherwise utilize your User Generated Content for the purposes of the Website or our Trusted Partners program. You agree to waive all moral rights in your User Generated Content, and you warrant that you have not otherwise asserted moral rights in your User Generated Content.

You agree and warrant that your User Generated Content will not violate or infringe upon the rights of third parties, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also agree and warrant that your User Generated Content will not contain defamatory material or any other unlawful material.

If ULP receives a notice of copyright infringement, that notice will be handled in compliance with the Digital Millennium Copyright Act. The Digital Millennium Copyright Act safe harbor provisions and ULP’s Copyright Policy are incorporated into this Terms of Use agreement.

6. Interactive Computer Service Provider

With regard to certain Website content, ULP is an interactive service provider under § 230 of the Communications Decency Act. ULP publishes Website that may contain user generated content and links to third party websites that are not owned or operated by ULP. ULP has no responsibility for these third party websites or for the user generated content of those sites. You use third party websites at your own risk, and you expressly warrant and agree to hold ULP harmless for any and all liability arising out of your use of third party websites.

ULP is not obligated to review or monitor the Website, but it may choose to do so. ULP may delete or remove Website, including User Generated content, without notice and for any reason.

ULP’s provision of Website as an interactive service provider does not imply its approval or endorsement of third party or User Generated Content.

7. Limited License to Use Website

ULP grants you a limited license to access and use the Website for your own personal non-commercial use. Any other use of the Website is prohibited.

You may not republish, incorporate, or otherwise use the Website without the prior, written authorization of ULP. You may not use any data mining, robots, scraping, or other data gathering or extraction methods on the Website. Any use of the Website must keep intact all copyright, trademark, or other notices and provide the name of ULP, the name of the original author, or, if the original author designates another party for attribution, the name of such other party, the title of the work, and the URL identifier associated with the Website, if any.

You agree and warrant that you will use the Website for commercial use with the written consent of ULP. The prohibited commercial uses include but are not limited to: sale of the Website; use of the Website for the purpose of gaining subscription or advertising revenue; and use of the Website to displace the market for ULP.

You agree and warrant that you will not modify the Website.

You agree and warrant that you will comply with these Terms of Use and with all applicable local, national, and international laws and regulations.

This limited license will terminate automatically if you breach the terms and conditions of this Terms of Use. ULP may, in its discretion, block your access or take whatever action in its discretion ULP believes is appropriate.

8. Advertisers

ULP accepts advertisers and sponsors to display their advertisements and other information in certain areas of the Website such as, but not limited to, sidebar, directory listing, advertisements or banner advertisements. If you are an advertiser, you take full responsibility for any advertisements you place, and any services you provide or products you sell though those advertisements. ULP simply provides the space to place such advertisements, and has not other relationship with advertisers or sponsors.

Advertisers agree that they possess all rights and authority to place advertisements on the Website including, but not limited to, intellectual property rights, publicity rights and contractual rights. Advertisers agree that all advertisements placed on the site qualify as User Generated Content as defined herein and under law. Advertisers agree that such advertisements are subject to our DMCA Copyright Policy and take-down provisions found therein. Advertisers agree that there shall be no refund or other compensation for DMCA takedown related issues.

9. Website Visitors and all Others

The Website may include links and advertisements to other websites, products and/or services though advertiser, sponsor and other information displayed on the Website. You acknowledge that these links, whether advertisers, sponsors or others, are provided solely as a convenience to you and not as an endorsement by UTP or by any of its third-party providers regarding the content of those other websites. UTP does not review, qualify or verify any information about its advertisers or sponsors. They simply pay a fee to display their information or advertisement. Neither UTP nor its other third-party advertisers or sponsors are responsible for or will have any liability with respect to the information contained in any websites that you may access as a result of such links, advertisements or sponsor information including any objectionable or offensive content. If you decide to visit any other website or forum for any reason, including those linked from this Website, you do so at your own risk. ULP will not be responsible for the illegality of or any error in accuracy in any advertisers, or sponsors, materials.

10. Contests

ULP may run contests through the Website wherein photographs or images are submitted for specific purposes. ULP may, but is not required, to offer prizes for contest winners.

You must be at least 19 years of age to participate in contests, or win prizes offered by the Website. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website by you is greater than 19 years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least 19 years of age at time of contest registration if you are a legal resident of Alabama or Nebraska. Legal Residents of all 50 states and Washington DC, excluding Arizona, Iowa, Louisiana, Maryland, Montana and Vermont, are eligible to participate in contests offered by the Website. Legal residents of the excluded states are ineligible for prizes offered by the Website.

ULP reserves the right to suspend or terminate you ability to participate in any contest in its sole discretion and/or withhold or revoke the awarding of any prizes.

11. Trademarks

ULP trademarks, including its domain names, logos, slogans and designs, protected in accordance with the laws of the United States. You may not use ULP’s marks, or any colorable imitation thereof, as an indicator of source or as a part of a domain name that is likely to cause consumer confusion. ULP’s marks may not be used or imitated without the prior written permission of ULP.

12. Representations, Warranties, and Disclaimer

UTOPIAN LIFE PARTNERS, INC. OFERS THE SITE CONTENT ON AN AS-IS BASIS. UTOPIAN LIFE PARTNERS, INC. MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND CONCERNING THE SITE CONTENT, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

UTOPIAN LIFE PARTNERS, INC. IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT, USER CONDUCT, OR THIRD PARTY APPLICATIONS, SOFTWARE, OR OTHER CONTENT POSTED. UTOPIAN LIFE PARTNERS, INC. ASSUMES TO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, OR UNAUTHORIZED ACCESS TO A ANYONE, OR ALTERATION THEREOF.

ULP reserves the right to discontinue the Website at any time.

13. Limitation on Liability

YOU AGREE THAT UTOPIAN LIFE PARTNERS, INC. WILL NOT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY DAMAGES ARISING OUT OF THIS LICENSE OF THE WEBSITE CONTENT, USE OF THE WEBSITE OR SERVICES OFFERED THROUGH THE WEBSITE IN ANY MANNER, OR PARTICAPTION IN ANY CONTEST, WHETHER THOSE DAMAGES ARE SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNATIVE, OR EXEMPLARY WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE AND WHETHER OR NOT UTOPIAN LIFE PARTNERS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY. NOTWITHSTANDING THE FOREGOING, THE AGGREGATE LIABLITY OF ULP TO A USER FOR DIRECT DAMAGES SHALL BE LIMITED TO AGGREGATE OF FEES PAID BY THAT USER DURING THE USERS USE OF THE SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

14. Indemnification

Advertisers & Contest Participants: You agree and warrant that you will defend, indemnify, and hold ULP harmless, including its members, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including attorneys fees, that arise from: (1) your advertisements or any other information you provide or display on the Website; (2) your violation of this Terms of Use agreement; (3) your violation of the rights of a third party, including but not limited to intellectual property rights; or (4) any claims that your services or business caused damage to a third party. You agree that your obligation to defend, indemnify, and hold ULP harmless will survive the termination or failure of this Terms of Use agreement and your use of the Website.

All Others: You agree and warrant that you will defend, indemnify, and hold ULP harmless, including its members, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including attorneys fees, that arise from: (1) your use of and access to the Website; (2) your violation of this Terms of Use agreement; (3) your violation of the rights of a third party, including but not limited to intellectual property rights; or (4) any claims that your User Generated Content caused damage to a third party. You agree that your obligation to defend, indemnify, and hold ULP harmless will survive the termination or failure of this Terms of Use agreement and your use of the Website.

15. Assignment

This Terms of Use agreement, and any rights or duties that are granted under it, may not be transferred or assigned by you. ULP may assign its rights and duties under this agreement at any time.

16. Additional Terms and Conditions

You agree that, for all legal and non-legal purposes, the Website is based in the State of New York. You also agree that the Website is a passive website that does not give rise to personal jurisdiction over ULP in jurisdictions other than New York. This Terms of Use agreement will be governed and interpreted under the laws of the State of New York, without regard to conflicts of laws principles. Any dispute arising out of or otherwise connected to this agreement or the Website will be decided exclusively by arbitration.

YOU AND UTOPIAN LIFE PARTNERS, INC. AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR CORRELATING TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT. THIS ARBITRATION WILL BE HELD IN SPARTA, NEW JERSEY IN ACCORDANCE WITH THE MOST RECENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS OF THE STATE OF NEW JERSEY AND WILL HAVE THE DISCRETION TO AWARD COSTS AND FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEY’S FEES. YOU AND UTOPIAN LIFE PARTNERS, INC. AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBITRATION MAY BE ENTERED AS A JUDGMENT IN ANY COURT SITTING WITHIN THE STATE OF NEW YORK THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND UTOPIAN LIFE PARTNERS, INC. UNDERSTAND AND AGREE THAT THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF NEW YORKIN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THESE TERMS OF USE. YOU AND UTOPIAN LIFE PARTNERS, INC. SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

The validity or enforceability of this Terms of Use agreement will not be affected by a finding that any provision of this Terms of Use agreement is invalid or unenforceable. If any provision of this Terms of Use agreement is found to be invalid or unenforceable, that provision will be reformed to the extent necessary to make it valid and enforceable.

No term or provision of this agreement will be deemed to have been waived and no breach of this agreement is consented to unless such a waiver or consent is in writing and signed by the party to be charged with the waiver or consent.

This Terms of Use agreement and its incorporated Privacy Policy and Copyright Policy constitute the entire agreement between the parties with respect to the Website and use of Orthodontist-Orlando.com. There are no understandings, agreements, or representations with respect to the Website that is not specified in this agreement. ULP will not be bound by any additional provisions that may appear in any communication from you.

YOU AND UTOPIAN LIFE PARTNERS, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE CONTENT OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. IF IT DOES NOT, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.