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.