Terms of Use

TERMS OF USE FOR PARTICIPATING DENTISTS Thank you for your interest in the Top3Dentists website. These Terms of Use (“Terms”) govern your use of the Web site located at http://www.top3dentists.com (the “Site”), your use of any software that Top3Dentists makes available to users of the Site (the “Software”), and the goods and services that are made available through the Site (the “Products”). In these Terms, the Site, the Software, and the Products are collectively referred to as the “Top3Dentists Network.” Please read these Terms carefully. By using the Top3Dentists site you are stating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Top3Dentists Network.
  1. Your Responsibilities: You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Top3Dentists Network and for paying all charges related thereto. You agree not to use the Top3Dentists Network to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (g) interfere with or disrupt the Top3Dentists Network or servers or networks connected to the Top3Dentists Network, or disobey any requirements, procedures, policies, or regulations of networks connected to the Top3Dentists Network.
  2. Membership: Registration. When you register to become a member of the Top3Dentists Network, Top3Dentists collects certain personal information (including a credit card number) about you. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. You agree that Top3Dentists may use any information Top3Dentists obtains about you in accordance with the provisions of Top3Dentists’ Privacy Policy.

    Passwords and Security. When you register, you will be asked to provide a user name and password through which you will be able to access the Top3Dentists Network. Your membership is personal, which means, for example, that you are prohibited from sharing your user name and password with your friends and from posting your user name and password in a newsgroup or on a Web page. All visits to the Site via your account are logged and your account may be used only on one computer at a time. You are responsible for maintaining the confidentiality of your password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify Top3Dentists of any unauthorized use of your password or any other breach of security related to the Site. Top3Dentists reserves the right to require you to change your password if Top3Dentists believes that your password is no longer secure. Top3Dentists will not be liable for any loss or damage arising from your failure to adequately safeguard your password.

    Fees. By joining the Top3Dentists Network, you agree to pay the membership fee identified at the time you join. Your membership will extend for the time period you select at the time of your registration (the “Membership Period”). If you have elected at the time of your registration for your membership to renew automatically at the end of your Membership Period, your membership will automatically renew for successive Membership Periods and your credit card will be charged the then-applicable membership fee. If you have elected at the time of your registration for your membership not to renew automatically at the end of your Membership Period, for your convenience Top3Dentists will notify you when your membership is about to expire. Top3Dentists reserves the right at any time to charge fees for access to new Top3Dentists Network content or services or to change the fees it charges for access to the Top3Dentists Network (or any portion thereof). In no event will you be charged for access to the Top3Dentists Network unless Top3Dentists obtains your prior agreement to pay such charges.

    Refund Policy. Top3Dentists is unable to offer refunds for memberships. It is your responsibility to determine if the Top3Dentists Network meets your needs BEFORE registering. Once you have signed up, a refund cannot be given. In no event will you receive a refund if Top3Dentists terminates your membership under Section 9 of these Terms.

    Cancellations. You may cancel your membership at any time. To do so, please login using your user name and password and visit the “My Account” area of the Site. If you do cancel, you will not receive a refund of your membership fee but you will continue to have access to the Top3Dentists Network for the remainder of your Membership Period. If you cancel, you will not receive notice when your membership period is about to expire and if you would like to renew your membership you will need to register again.

  3. Merchandise: From time to time, you may be able to purchase merchandise (e.g., patient educational materials, memberships plaques, etc.) through the Top3Dentists Network. All merchandise is provided on an “as is” basis, all sales are final, and no refunds will be given.
  4. Submissions: If you submit or make available for inclusion on or through the Top3Dentists Network any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Submissions”), you grant Top3Dentists a perpetual, irrevocable, worldwide, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Submissions (in whole or in part) in any format or medium now known or later developed. Top3Dentists does not claim ownership of any of your Submissions. You acknowledge that Top3Dentists may or may not pre-screen Submissions, but that Top3Dentists shall have the right (but not the obligation) in its sole and absolute discretion to pre-screen, refuse, move, or remove any Submissions. You agree that you are solely responsible for all of your Submissions.
  5. Copyright Infringement: Top3Dentists respects the intellectual property rights of others. Accordingly, Top3Dentists has a policy of disabling access to any Submissions or any other user-generated content that violates copyright law, suspending access to the Top3Dentists Network to any user who uses the Top3Dentists Network in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Top3Dentists Network in violation of copyright law.

    Pursuant to Title 17 of the United States Code, Section 512, Top3Dentists has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the Top3Dentists Network, please provide written notice to Top3Dentists’ designated agent for notice of claims of copyright infringement at:

    Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Top3Dentists to locate that material; (d) contain adequate information by which Top3Dentists can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to Top3Dentists’ designated agent.

  6. Trademarks: “Top3Dentists” and the Top3Dentists logo, as well as certain other of the words and logos displayed in the Top3Dentists Network, constitute trademarks, trade names, or service marks (“Marks”) of Top3Dentists or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Top3Dentists or those other entities.
  7. Site Content: The content on the Site, including without limitation all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Site Content”), is copyrighted by Top3Dentists and/or its licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Top3Dentists or its licensors. The Site Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Top3Dentists and its applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for your personal, noncommercial use. You must abide by all copyright notices, information, or restrictions contained in or attached to any Site Content. The foregoing obligations and restrictions shall not apply with respect to your use of your own Submissions.
  8. Termination: You agree that Top3Dentists may terminate your Top3Dentists Network membership or suspend your access to all or part of the Top3Dentists Network, without notice, if: (a) you violate these Terms; (b) Top3Dentists is unable to verify or authenticate any information that you provide; or (c) you engage in any conduct that Top3Dentists, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of Top3Dentists, any other Top3Dentists Network user, or any third party. Further, you agree that Top3Dentists shall not be liable to you or any third party for removing your Submissions or suspending or terminating your access to the Top3Dentists Network (or any portion thereof). You may discontinue your participation in and access to the Top3Dentists Network at any time. Top3Dentists reserves the right to investigate your use of the Top3Dentists Network in the event Top3Dentists, in its sole and absolute discretion, believes you have violated these Terms.
  9. Modifications To Terms: Top3Dentists may, in its sole and absolute discretion, change these Terms from time to time. Top3Dentists will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the Top3Dentists Network. Continued use of the Top3Dentists Network following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
  10. Modifications To Top3Dentists Network: Top3Dentists reserves the right to modify or discontinue the Top3Dentists Network with or without notice to you. Top3Dentists shall not be liable to you or any third party should Top3Dentists exercise its right to modify or discontinue the Top3Dentists Network. If, however, Top3Dentists discontinues the Top3Dentists Network, Top3Dentists will refund to you any membership fees you have pre-paid for the period after which Top3Dentists has discontinued the Top3Dentists Network.
  11. Links: Top3Dentists’ provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Top3Dentists’ endorsement of such other Web site or resource or its contents. Top3Dentists shall have no responsibility or liability for any information, software, or materials found at any other Web site or Internet resource.
  12. No Resale Of Top3Dentists Network: You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any unlicensed commercial purposes any portion of the Top3Dentists Network, use of the Top3Dentists Network, or access to the Top3Dentists Network.
  13. Disclaimer of Warranties: You understand and expressly agree that use of the Top3Dentists Network is at your sole risk. The Top3Dentists Network is provided on an “as is” and “as available” basis. Top3Dentists expressly disclaims all warranties of any accolade_type, whether express or implied, with respect to the Top3Dentists Network (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). Top3Dentists makes no warranty that the Top3Dentists Network will meet your requirements, or that the Top3Dentists Network will be uninterrupted, timely, secure, or error free. Top3Dentists makes no warranty as to the results that may be obtained from the use of the Top3Dentists Network, or as to the accuracy or reliability of any information obtained through the Top3Dentists Network, or that defects in the Top3Dentists Network will be corrected. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the Top3Dentists Network is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from Top3Dentists or through the Top3Dentists Network shall create any warranty not expressly made herein.
  14. Limitation of Liability: You understand and expressly agree that to the extent permitted under applicable law, in no event will Top3Dentists or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the Top3Dentists Network.
  15. Exclusions And Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that Top3Dentists may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Top3Dentists’ liability shall be the minimum permitted under such applicable law.
  16. Indemnification: You agree to indemnify, defend, and hold harmless Top3Dentists, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from (1) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the Top3Dentists Network, (2) your (or anyone using your account’s) use of the Top3Dentists Network, (3) your (or anyone using your account’s) violation of these Terms, and (4) your (or anyone using your account’s) violation of any rights of any other person or entity.
  17. Miscellaneous: These Terms constitute the entire and exclusive and final statement of the agreement between you and Top3Dentists with respect to the subject matter hereof, and govern your use of the Top3Dentists Network, superseding any prior agreements or negotiations between you and Top3Dentists with respect to the subject matter hereof. These Terms and the relationship between you and Top3Dentists shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Top3Dentists Network shall be brought in the Federal or State courts located in San Diego County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Top3Dentists to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Top3Dentists and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Top3Dentists Networks or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 3, 4, 5, 7 through 9, and 12 through 16 of these Terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Top3Dentists Network.
  18. Contact Information: To obtain information about Top3Dentists, please e-mail us at info@top3dentists.com

    You may also contact us at the following physical address: (insert physical mailing address here)