All materials and contents contained in this Web site (including but not limited to the text, graphics, logos, button icons, images, audio clips and software), and the Web site itself, are copyrighted materials belonging exclusively to Mydent International, Inc. or its content suppliers and are protected by federal Copyright Law and international treaties. Mydent International, Inc. enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code.
Defend, Mydent International, graphics, and web site are the exclusive property and trademarks of Mydent International, Inc. Mydent International, Inc. reserves all rights in the premises, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43).
DISCLAIMERS AND LIMITATION OF LIABILITY
Defend and Mydent International Web site users (“User”) expressly agree that use of Defend’s Web Site is at User’s sole risk. Neither Defend nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively “Providers”), or the like, warrant that the Defend site will operate uninterrupted or error-free; nor do they make any warranty as to any results that may be obtained from the use of the Defend site.
Under no circumstances shall Defend or any other party involved in creating, producing, or distributing the Defend site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use this Site, including but not limited to reliance by a User on any information obtained from Defend through this Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Defend’s records, programs, or services. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
User agrees to use the Defend site only for lawful purposes. User is prohibited from posting any information on the Defend site. User is further prohibited from transmitting through the Defend site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If the Defend site is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content delivered or created by User, Defend may investigate the allegation and determine in its sole discretion whether to disclose such content (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Defend; or (iii) to protect the rights or property of Defend, its Users or providers.
This site is created and controlled by Defend in the State of New York. As such, the laws of the State of New York will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Defend reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of New York for any litigation arising out of or relating to use of this Site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New York courts and agrees not to plead or claim in any New York court that such litigation brought therein has been brought in an inconvenient forum.