These Terms and Conditions contain legal obligations. Please read them carefully.
Ownership of Service
The Keystone Dental websites www.KeystoneDental.com and any variations of or successors to these websites, collectively, the "Keystone Dental Website" or the "Website") and the Keystone Dental service (together with the Website, the “Keystone Dental Service” or the “Service”) are owned by Keystone Dental, Inc. and, from time to time, its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "Keystone Dental"). The Keystone Dental Service currently consists of various web pages at or linked to the Website as well as areas of numerous websites operated by other companies that have entered into an agreement with Keystone Dental to publish their Content through the Keystone Dental Service on their site. The Keystone Dental Service may expand or change from time to time.
Application of General Terms and Conditions
Use by end users of the Keystone Dental Service and the Keystone Dental Website is governed by these General Terms and Conditions. For publishers' use of the Keystone Dental publishing services, a separate set of terms and conditions apply which are found at the URL http://www.KeystoneDental.com/terms-and-conditions/acceptable-use-policy/. Unless explicitly stated otherwise, any new Services, including any new Keystone Dental properties, shall be subject to these General Terms and Conditions. In addition, Keystone Dental may have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement/s for certain of its Services. When you are using any service or product offered by Keystone Dental that does not have a separate legal agreement, these General Terms and Conditions will apply. In addition, Keystone Dental also may offer certain services from time to time that are governed by the terms of service of the respective service partners. Where the Keystone Dental Service is running on third-party websites, the terms and conditions of use of those websites may be applicable in addition to these terms and conditions.
Keystone Dental does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
Please direct any legal questions to: Chief Financial Officer Keystone Dental, Inc. 154 Middlesex Turnpike Burlington, Massachusetts 01803
Acceptance and Accuracy
By using the Keystone Dental Service and/or the Website, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and conditions and any other posted guidelines or rules applicable any website where the Keystone Dental Service is found. Keystone Dental may make improvements and/or changes to the Website at any time. Although we attempt to periodically update information on the Website, the information, materials and services provided on or through the Website may occasionally be inaccurate, incomplete or out of date. Keystone Dental does not have a duty to update information contained in the Website, and Keystone Dental will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currentness of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it. In addition, individual members of the Keystone Dental team may from time to time post blogs under their own byline on the Website. The views expressed in such blog posts are the author's and do not necessarily reflect the views of Keystone Dental.
Conditions and Restrictions of Use.
Use of the Keystone Dental Service is subject to compliance with these Terms and Conditions. You acknowledge and agree that Keystone Dental may terminate and/or suspend your access to any portion of the Keystone Dental Service should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Keystone Dental. Any such termination or suspension shall be in Keystone Dental' sole discretion and may occur without prior notice, or any notice. Keystone Dental further reserves the right to terminate or suspend any user's access to Keystone Dental or to any portion of the Keystone Dental Service for any conduct that Keystone Dental, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Keystone Dental or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Keystone Dental further reserves the right to terminate or suspend any user's access to the Keystone Dental Service for any reason or for no reason at all, in Keystone Dental' sole discretion, without prior notice.
Access to Content
Please be aware that the majority of the content found on or through the Keystone Dental service is for general audiences, but there may be certain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If Keystone Dental learns that anyone under the age of 13 seeks to conduct a transaction through the Services, Keystone Dental will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the Keystone Dental Service may not be available to children under 13 under any circumstances.
Registration and Privacy
Responsibility for Minors
In cases where you have authorized a minor to use the Services, you recognize that you are fully responsible for: ( i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE KEYSTONE DENTAL SERVICE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
Content Not Screened or Error Free
You acknowledge and agree that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. You further acknowledge and agree that the Services and the Content may contain errors or omissions. You acknowledge and agree that Keystone Dental does not screen or review published content on the Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions. Under no circumstances will Keystone Dental be liable in any way for any user or other third party Content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, emailed or otherwise transmitted via the Services. Keystone Dental does not guarantee that any Content will be to your satisfaction. If you believe that Content published on or through the Keystone Dental Service contains defamatory material or otherwise is published in violation of these terms and conditions, however, please contact us right away at:
Keystone Dental, Inc.
Chief Financial Officer
154 Middlesex Turnpike Burlington, MA 01803
By Phone: +1 781-328-3300
User Agreement Not to Circumvent Publishers’ Ownership Rights
You acknowledge and agree that your rights to view the publisher content that you access on or through the Keystone Dental Service are strictly limited to the terms of those rights that you obtained in connection with your acquisition of the Content itself. Except as permitted expressly by such rights, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any Content obtained through the Keystone Dental Service, including, without limitation, by incorporating data and or Content from the Service into any e-mail, search, catalogue, directory, or other "white pages" products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or other form of unlawful behavior for which you may be held criminally and/or civilly liable.
In addition to 6.F. above, you agree that you will not use Keystone Dental Services to:
Keystone Dental, Inc.
Chief Financial Officer
154 Middlesex Turnpike
Burlington, MA 01803
Phone: +1 781-328-3300
By Email: copyright@KeystoneDental.com
For a full understanding of any rights and or remedies you may have in the case of any infringement, please consult with an attorney.
License to Content
DISCLAIMER OF WARRANTIES
KEYSTONE DENTAL AND THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, KEYSTONE DENTAL DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, KEYSTONE DENTAL DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES. KEYSTONE DENTAL SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KEYSTONE DENTAL DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SERVICES. KEYSTONE DENTAL DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. KEYSTONE DENTAL DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. KEYSTONE DENTAL MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY KEYSTONE DENTAL.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
FORWARD-LOOKING STATEMENTS. THE WEBSITE CONTAINS EXPRESS OR IMPLIED FORWARD-LOOKING STATEMENTS, WHICH ARE BASED ON CURRENT EXPECTATIONS OF MANAGEMENT. THESE STATEMENTS RELATE TO, AMONG OTHER THINGS, OUR EXPECTATIONS REGARDING MANAGEMENT’S PLANS, OBJECTIVES, AND STRATEGIES. THESE STATEMENTS ARE NEITHER PROMISES NOR GUARANTEES BUT ARE SUBJECT TO A VARIETY OF RISKS AND UNCERTAINTIES, MANY OF WHICH ARE BEYOND OUR CONTROL, AND WHICH COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THOSE CONTEMPLATED IN THESE FORWARD-LOOKING STATEMENTS AND SUCH STATEMENTS ARE CURRENT ONLY AS OF THE DATE THEY ARE MADE. FOR A DISCUSSION OF SUCH RISKS AND UNCERTAINTIES, SEE "RISK FACTORS" IN THE COMPANY'S S-1, FILED WITH THE SEC ON AUGUST 24, 2011.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL KEYSTONE DENTAL OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF KEYSTONE DENTAL OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE KEYSTONE DENTAL NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL KEYSTONE DENTAL OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
You agree to indemnify and hold Keystone Dental and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your violation of these Terms and Conditions or any other applicable published Keystone Dental usage terms, conditions, policies, or requirements, or your violation of any rights of another.
Third Party Links
The Website may contain links to websites operated by other parties. The linked sites are not under the control of Keystone Dental, and Keystone Dental is not responsible for the content available on any other Internet sites linked to the Website. Such links do not imply Keystone Dental’s endorsement of material on any other site, and Keystone Dental disclaims all liability with regard to your access to such linked websites. Keystone Dental provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to the Website is at your own risk.
Consent to Exclusive Jurisdiction, Waiver of Objections
These Terms and Conditions and the relationship between you and Keystone Dental shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Massachusetts for the adjudication of any and all claims arising out of your use of the Keystone Dental Services, and you waive any objection thereto.