Terms of
Use
The
following guidelines supply Subscribers (defined below) with a set of
straightforward, fair rules outlining the rights and limitations for Internet
access of online versions of Insurance
Solutions Newsletter ("ISN")
by Authorized Users (defined below) (such access shall constitute the
"Services"). These guidelines
replace any prior statement between American Dental Support, L.L.C. ("Publisher")
and any Subscriber regarding user access to ISN.
General: Your use of the
Services constitutes your agreement to these Terms of Use. If you do not agree with these Terms of Use,
please do not use the Services.
Publisher reserves the right to change, modify, add or remove portions
of these Terms of Use at any time.
Please check this page periodically for any modifications. Your use of any of the Services following a
posting of changes constitutes your acceptance of the changes.
Definitions
“Authorized
Users” are any individual Subscriber and any employee of a corporate subscriber,
other individuals who have permission to use the computers on the subscribing
institution’s geographically constrained site. A “site” is an organizational unit. For organizations located in more than one
city, each city office is considered a different site. For organizations within the same city that
are administered independently, each office is considered a different site.
"Subscriber"
is any individual or corporate entity that has ordered the Newsletter where:
(a) Publisher has accepted the order, and
(b) Publisher has received the required subscription fee.
The
Subscriber and the Publisher agree to adhere to the following guidelines:
1. The
Subscriber will assume responsibility for all authentication and verification
processes to ensure that only Authorized Users have access to ISN.
2. The
Publisher holds the copyright for all works published in ISN, as a compilation and as to the individual articles,
collectively and individually, unless otherwise expressly noted.
3. All use of ISN’s content is subject to pertinent copyright law. Reproduction of ISN content is allowed only as follows:
(a) Downloading: Downloading,
printing, or saving of content for personal, non-commercial use is permitted,
so long as you do not remove or alter any copyright, trademark, service mark or
other proprietary notices or legends. Systematic
downloading or retrieval is prohibited.
(b) Commercial Redistribution:
No commercial use (e.g. downloading, posting a file, or printing to resell or
distribute) of any articles or parts of articles is permitted without prior,
express written consent of the Publisher.
4. Subscriber agrees to the following
terms:
(a) The Subscriber is
responsible for creating and maintaining practical security measures, and
posting policies consistent with the rights and restrictions described in these
guidelines, to ensure that only Authorized Users can access ISN. The Subscriber is prohibited from making
agreements for access to ISN with
individuals, organizations, vendors, affiliates, or partners, which are not parts
of the same institution purchasing this subscription.
(b) If the Subscriber
becomes aware of unauthorized access to ISN,
it will notify Publisher immediately and cooperate in locating and attempting
to stop the specific individuals who are abusing the service. If the specific
abuser(s) cannot be identified or stopped, the Publisher has the right to
withhold, suspend, or terminate access to all or any portion of ISN’s web site, without liability.
(c) The Subscriber agrees
not to remove, cover, overlay, obscure, block, or change any copyright notices,
legends, or terms of use which the Publisher may post on the site in order to
inform users about system features, terms of use, or copyright notices.
5. Subscription
Access: The Publisher provides ISN
access only for the term of this subscription; and does not undertake to ensure
future access to the online archives once the subscription term has expired. The Publisher intends to retain full-text
versions of all articles for all past issues posted online and to continue to
make this database available to all currently active Subscribers. However, because the Publisher cannot be
certain of future technology, storage, or maintenance costs, this access cannot
be guaranteed. The Publisher reserves
the right to remove all or portions of the archive of past issues. Only current Subscribers may access materials
under access control.
6. Technical
Access: The Publisher intends for the site to be available 24-hours per
day, 7 days per week. However, the Publisher WILL NOT BE LIABLE FOR DAMAGES OR
REFUNDS SHOULD THE SITE BECOME UNAVAILABLE TEMPORARILY OR ACCESS TO THE SITE
BECOMES SLOW OR INCOMPLETE due to system back-up procedures, internet traffic
volume, upgrades, overload of requests to the servers, general network failures
or delays, or any other cause which may from time to time make the site
inaccessible for the Authorized Users.
7. Termination
of Subscription. The Publisher shall
have the right to terminate the subscription without notice to the Subscriber
if the Subscriber violates any of these Terms.
8. Disclaimer
of Warranties: WHILE THE PUBLISHER SEEKS TO ENSURE THE ACCURACY OF CONTENT
POSTED ONLINE, THE PUBLISHER DOES NOT WARRANT OR GUARANTEE ITS ACCURACY,
COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED,
AND STATUTORY) ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. ALL SERVICES ARE PROVIDED "AS
IS."
9. Limitation of Liability: IN NO CASE SHALL THE PUBLISHER BE LIABLE FOR ANY
CONTENT OR ACCESSIBILITY PROBLEMS WITH THE SITE FOR DAMAGES, INCLUDING ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED
OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR
IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION.
9. Legal
Notices
(a) All contents of the Services are © 2001-2006 American Dental Support, L.L.C., unless
otherwise marked.
(b) INSURANCE SOLUTIONS NEWSLETTER™,
AMERICAN DENTAL SUPPORT™, and
™ are trademarks or service marks of Publisher. Other marks that appear throughout the
Services may belong to third-party trademark owners. Except as permitted by applicable laws, you
are prohibited from using any of the marks appearing in the Services without
express written consent from the trademark owners.
10. Governing
Law: These Terms of Use are governed by the laws of the United States and
the State of Washington, without giving effect to any principles of conflicts
of law.