ACCEPTANCE OF TERMS
MODIFICATION OF TERMS
Bear Creek Family Dentistry shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms with respect to access to or use of this website. Revisions and additions to these Terms shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional Terms on the website. You are responsible for reviewing these Terms periodically for any modifications that may affect your rights or obligations hereunder. ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS.
USE OF THE WEBSITE
The website allows you to learn about Bear Creek and to request services. However, you are prohibited from doing any of the following: (a) using this website, including its services and/or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our website, services, or tools; (b) submitting any false, inaccurate, misleading, defamatory, or libelous content; (c) taking any action that may damage our systems; or (d) using our website for any unlawful purpose.
These Terms will remain in full force and effect while you use this website and until terminated by Bear Creek. Bear Creek reserves the right to terminate these Terms without notice at any time.
NON-COMMERCIAL USE BY MEMBERS
Members on this website are prohibited from using the services of the website in connection with any commercial endeavors or ventures. This includes providing links to other websites, whether deemed competitive to this website or not. Juridical persons or entities including but not limited to organizations, companies, and/or businesses should not use the website for any purpose.
LINKS & FRAMINGS
We welcome you to link to public portions of our website. At our discretion, we may request that you remove links to our website. In this case, you must immediately stop providing any links to our website on written notice from us.
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
We make no express or implied warranties or representations with respect to the services provided by Bear Creek. In addition, we make no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the website or any part of it at any time. The information, content and services on the website are provided on an “as is” basis. When you use the website and or participate therein, you understand and agree that you participate at your own risk.
INTELLECTUAL PROPERTY RIGHTS/CONFIDENTIALITY
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the website, and that you will not acquire any right, title, or interest in or to the website except as expressly set forth in these Terms. You agree not to disclose information you obtain from us and/or from our affiliates, advertisers and suppliers.
You agree to defend, indemnify, and hold harmless Bear Creek, Bear Creek’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of our website. You are solely responsible for interactions with our business partners and affiliated companies and other users of the website. To the extent permitted by applicable law, you hereby release Bear Creek from any and all claims or liability related to any service provided through the website and any conduct, action, or inaction by a business partner or affiliated company. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the website or any product or service provided to you arising out of or relating to your use of the website.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of these Terms, without liability to us. However, we may assign these Terms to any person at any time without notice.
Bear Creek’s failure to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
SEVERABILITY OF TERMS
In the event that any provision of these Terms is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms shall remain valid and enforceable according to its terms.
These Terms describe and encompasses the entire agreement between the parties and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the contents and materials provided by or through this website, and the subject matter of these Terms. This agreement shall be governed by and construed in accordance with the substantive laws of Texas, without any reference to conflict-of-laws principles.
CHOICE OF LAW, JURISDICTION, FORUM
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with these Terms is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Dallas County, Texas, to the exclusion of any other courts without giving effect to its conflict of law’s provisions or your actual state or country of residence.
EFFECTIVE DATEThe Effective Date of these Terms is January 1, 2015.