If you have any questions about this Agreement please contact us at support[at]contentdentist.com.
Site Usage:
By using this site and/or downloading or purchasing any material, you agree to be bound by this Agreement. This Agreement applies to you and, if you are using this website on your client`s behalf, to you and all of your clients. We reserve the right to change this Agreement at any time without further notice. We reserve the right to modify our pricing structure and add or remove Content at any time.
This site is owned and operated by Short Hills Design, LLC. All assets, including but not limited to written content, audio and video material, in any medium provided by Short Hills Design, LLC hereunder, (collectively referred to as Content) are owned by Short Hills Design, LLC. All Content is protected by US and international copyright laws. All rights not specifically granted under this Agreement are reserved to Short Hills Design, LLC.
Short Hills Design, LLC is the sole holder of all exclusive rights to all Content. None of our Content may be resold or redistributed by any means or made available for redistribution or resale by a third party without Short Hills Design, LLC separate written consent.
We do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve Content or related information.
Short Hills Design, LLC may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this Agreement. If a license is revoked, you agree to immediately stop using this site and the Content, delete all Content and all copies from all Content and destroy all other copies. Your use of this site and any Content shall comply with all applicable law. Short Hills Design, LLC may restrict or remove your access to this site at any time or restrict or remove the use of any Content for any reason and may replace the Content with other Content.
Access: To obtain access to our Content, you have to create a ContentDentist.com account and you agree to provide complete, true and accurate information. Short Hills Design, LLC reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account number and password supplied to you by Short Hills Design, LLC. Our privacy policy can be reviewed at the following link. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Short Hills Design, LLC of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Content downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify Short Hills Design, LLC of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using ContentDentist.com account or web site or related services.
“Digital Products" refers to any Content purchased on ContentDentist.com, and not to the other offered services such as uploading content to your website for you, or for writing additional custom content. Any other services will be covered under a separate agreement with Short Hills Design, LLC.
License:
When you purchase Digital Products you are purchasing a non-transferable, non-exclusive right to access the content and use it one unique domain or unique subdomain. For example, if you have two offices and their respective domain names are north.myoffice.com and south.myoffice.com you will require two licenses per item of Content purchased.
Restrictions:
The Content may not be redistributed or resold in any way, and may not be made publicly accessible other than as expressly described in the License above on one (1) one single domain or subdomain. You agree that the sole purpose of your website is not to provide dental content for purchase, and any attempt to compete with ContentDentist.com will result in the immediate termination of this agreement and potential legal remedies.
Delivery:
All digital products will be delivered via email, where you will be able to click and download your purchased content.
Refunds:
We do not offer refunds for digital products. If you have a question about a particular product, please contact us ahead of time.
Branding:
The trademarks, services and logos used and displayed in ContentDentist.com are registered and unregistered trademarks of Short Hills Design, LLC its subsidiaries and affiliates. ContentDentist.com trademarks may only be used publicly with the permission of Short Hills Design, LLC with proper acknowledgment. Except as expressly granted Short Hills Design, LLC does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.
Jurisdiction:
This Agreement is entered into and shall be governed by and construed in accordance with the laws of the State of New Jersey (without giving effect to its choice of law principles). The parties agree that all suits or actions of any kind brought to interpret or enforce the terms of, or otherwise arising out of or relating to, this Agreement shall be filed and litigated solely in the state courts of New Jersey. Each party hereby consents to the personal and subject matter jurisdiction of said courts.
Indemnification:
You agree to indemnify, defend, and hold harmless Short Hills Design, LLC against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site, your failure to abide by any restriction regarding the use of Content, or any claim by a third party related to the use of a Content, alone or in combination with any other material.
Limitation of Liability:
Neither Short Hills Design, LLLC nor any of its officers, employees, affiliates, agents, or licensors, nor any third party from which Short Hills Design, LLC has obtained rights to produce the Content and services referred to in this agreement, shall be liable to or anyone else for consequential, special, incidental, indirect or similar damages even if advised of the possibility of such damages.
Survival of Agreement:
Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
Disclaimer:
SHORT HILLLS DESIGN, LLC PROVIDES YOU WITH ITS SITE AND CONTENT ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER SHORT HILLS DESIGN, LLC NOR ANY AFFILIATES SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE CONTENT, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL SHORT HILLS DESIGN, LLC’S LIABILITY FOR YOUR USE OF ANY CONTENT PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT CONTENT. SHORT HILLS DESIGN, LLC TAKES NO REPSONSIBILITY FOR THE IMPLEMENTATION OF THE CONTENT.
No Waiver:
No action of Short Hills Design, LLC, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause, and each will remain in full force and effect.
Unauthorized Use:
Without limitation, Content may not be used as a trademark or service mark (unless the appropriate extended license is being used), for any pornographic or unlawful purpose, to defame a person, to violate a person`s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity.
Unauthorized use of the Content constitutes copyright infringement and shall entitle Short Hills Design, LLC to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Content. The foregoing is not a limiting statement of Short Hills Design, LLC’s rights or remedies in connection with any unauthorized use.