Your Local Dentist

PATIENTS DENTISTS
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TERMS OF USE


ACCEPTANCE OF TERMS

The services that Your Local Dentist provides to you are subject to the following Terms of Use per package of services included.

“Dental Services” are defined as such categories of patient oral necessities to be treated by the dentist, who will hereby be referred to as the “Client”. Such Dental Services include:

Invisalign                                                        Snap on Smile
Veneers                                                           Dental Crowns
Lumineers                                                       Sleep apnea
Smile Makeover                                             Dental Emergencies

*This could include other dental Services agreed upon between Your Local Dentist and the client.


DESCRIPTION OF SERVICES

     1. If Package Number 1 is chosen, the following agreement is in place:

(a) Client will agree to either a 6month or 12month long contract with Your Local Dentist. (Choice to be made on signing page.) Where they are allotted one (1) Dental Need from the list provided above.

            (a2) Client agrees to pay the full designated amount upfront, established on signature page, pertaining to their chosen contract length.

            (a3) If Client wishes to add additional categories, price of each additional category must be agreed upon between Your Local Dentist and the client and must be written out by Your Local Dentist and initialed by both parties on the signature page.

            (a4) Any payment plan which strays from this agreement must be written out and initialed by Your Local Dentist on the signature page.

(b) Client will agree to be listed on our website map only under a phone number provided by Your Local Dentist which will track calls made to the client through our site.

(c) Client will agree that after 3 rings to their office, if there is no answer, a representative from Your Local Dentist will be notified and will then take over patient call.       

  1. If Package Number 2 is chosen, the following agreement is in place:

(a) Client will agree to a 12 month long contract at price established on signing page with Your Local Dentist, where they are allotted four (4) Dental Services from the list provided above.

            (a2) Client agrees to pay the full year price upfront.

            (a3) If Client wishes to add additional categories, price of each additional category must be agreed upon between Your Local Dentist and the client and must be written out by Your Local Dentist and initialed by both parties on the signature page.

            (a4) Any payment plan which strays from this agreement must be written out and initialed by Your Local Dentist on the signature page.

(b) Client will agree to be listed on our website map only under a phone number provided by Your Local Dentist which will track calls made to the client through our site.

(c) Client will agree that after 3 rings to their office, if there is no answer, a representative from Your Local Dentist will be notified and will then contact the patient.

  1. If Package Number 3 is chosen, the following agreement is in place:

(a) Client will agree to a 12 month long contract at price established on signing page with Your Local Dentist, where they are allotted eight (8) Dental Services from the list provided above.

            (a2) Client agrees to pay the full year price upfront.

            (a3) If Client wishes to add additional categories, price of each additional category must be agreed upon between Your Local Dentist and the client and must be written out by Your Local Dentist and initialed by both parties on the signature page.

            (a4) Any payment plan which strays from this agreement must be written out and initialed by Your Local Dentist on the signature page.

(b) Client will agree to be listed on our website map only under a phone number provided by Your Local Dentist which will track calls made to the client through our site.

(c) Client will agree that after 3 rings to their office, if there is no answer, a representative from Your Local Dentist will be notified and will then contact the patient.
(d) Client is guaranteed twelve leads from Your Local Dentist within this package. A “lead” is defined, at minimum, as a potential patient who comes in for a consultation. Anything beyond that is also considered a “lead”.
            (d2) If at least 12 leads have not presented themselves within the year contract, Your Local Dentist will not charge the Client during the next contract until the 12 leads have been accumulated from the initial agreement. At this point, the following year agreement stands.

(e) The Client and their practice will be featured several times through out the year, on our website banner. Your Local Dentist will track all calls made to the client through the banner.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Services are for your personal, commerical and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from these Services provided.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement disclosures relating to the collection and use of your information.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

USE OF SERVICES

By way of example, and not as a limitation, you agree that when using Your Local Dentist Services, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of anyone employed by Your Local Dentist or any other Your Local Dentist clients.
  • Use any material or information, including images or photographs, which are made available through our Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any part.
  • Restrict or inhibit any other Client or potential Client from using and benefiting from Your Local Dentist services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Package offered by Your Local Dentist.
  • Harvest or otherwise collect information about or contact other Your Local Dentist Clients, regarding services offered or comparison of agreements.
  • Violate any applicable laws, regulations or this agreement.
  • Create a false identity or false information for the purpose of misleading Your Local Dentist.


Your Local Dentist Inc. is not obligated, but reserves the right to review any patient feedback pertaining to the Client and may decide terminate this agreement at any point, without notice, and for any reason whatsoever.
Your Local Dentist reserves the right at all times to disclose any information as Your Local Dentist deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Your Local Dentist's sole discretion.
Your Local Dentist does not control or endorse the content, messages or information found on any of their Clients websites, public or private property. Therefore, Your Local Dentist specifically disclaims any liability with regard to packages provided and any actions resulting from your participation in any services.

TERM AND TERMINATION

Depending upon the package chosen, The initial term of this Agreement shall be for a period of either one (1) year or six (6) months from the Effective Date. This Agreement can be extended by Client by paying, in advance, the renewal fees in existence at the time of renewal, unless previously agreed upon through promotional offers. No termination or expiration of this Agreement shall abridge or deprive either party of any remedy it may have against the other party arising out of this Agreement or as a matter of law or otherwise. Notwithstanding the foregoing, this Agreement may be terminated by either party, upon written notice, if the other party breaches any material term of this Agreement and fails to cure that breach within fifteen (15) days of receipt of written notice thereof. The Effective Start Date is the date the Client signs up for the package.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

LINKS TO THIRD PARTY SITES
ANY THIRD PARTY LINKS ON THE YOUR LOCAL DENTIST.COM SITE ARE NOT UNDER THE CONTROL OF YOUR LOCAL DENDIST.AND YOUR LOCAL DENTIST IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. YOUR LOCAL DENTIST IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. THE INCLUSION OF ANY THIRD PARTY LINK DOES NOT IMPLY ENDORSEMENT BY YOUR LOCAL DENTIST OF THE SITE.   

UNSOLICITED IDEA SUBMISSION POLICY

YOUR LOCAL DENTIST, INC.OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS, OFFERS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN YOUR LOCAL DENTIST SERVICES OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO YOUR LOCAL DENTIST SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO YOUR LOCAL DENTIST OR AVITAL WEB INC., OR ANYONE AT THESE COMPANIES. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT YOUR LOCAL DENTIST and AVITAL WEB, INC. MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in Your Local Dentist.com and Avital Web, Inc. websites are presented solely for the purpose of education in the United States. This site is controlled and operated by Your Local Dentist from its offices within the State of California, United States of America. Your Local Dentist makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Your Local Dentist.

INDEMNIFICATION

Client hereby agrees to indemnify, defend and hold Your Local Dentist., and its officers, directors, agents, vendors, licensees and subcontractors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability and costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of: (i) any breach by Client of the Service Agreement, these Terms and Conditions or any other contract between Your Local Dentist and the Client; (ii) claims based upon representations made by the Client; (iii) information and services provided by the Client, and (iv) any and all actions, conduct or acts of omission of the Client.  
The Client shall cooperate as fully and as reasonably required in the defense of any claim. Your Local Dentist reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by the Client.