Terms and Conditions for dentists being listed on www.mynewsmile.com
Another identical listing of terms and conditions may be found at www.mynewsmile.com/termsconditions.htm.
PLEASE REVIEW THESE TERMS AND CONDITIONS BEFORE SUBSCRIBING TO OUR REFERRAL SERVICE. THIS SERVICE IS PROVIDED BY INFINITY DENTAL WEB, INC., SUBJECT TO THE TERMS AND LIMITATIONS GIVEN BELOW.
Acceptance of Terms
We may revise or modify this Agreement at any time for any reason and at our sole discretion. We will post the revised Agreement on the site and will notify you by e-mail to the e-mail address on file with us as to the changes in terms. Our sending notification to the e-mail address you provide us meets our obligation of informing you of the changes in terms. It is your responsibility to provide us with updated e-mail and other contact information by filling out an updated listing form at www.mynewsmile.com/referralenroll.htm.
We have the right to refuse a listing request from anyone based on any reason whatsoever. Your only remedy is non-payment. Your submission of a listing request is an acknowledgement of our right to deny that request at our sole discretion.
Information You Provide
You expressly warrant that all information you provide to us on this form is complete and accurate. Any misrepresentation by you, upon discovery by us, is grounds for our termination of the service without refund or recourse by you of any kind.
Fees will be charged to the credit card whose numbers you provide to us on an annual basis. Your card will be charged on each anniversary of your initial subscription. Notice is given to the e-mail address you provide to us when your card is charged. In order to keep our costs low, we automate this process as much as possible. Charges show up on your credit card as being billed by Infinity Dental Web, Inc. If, upon renewal, credit card information has become obsolete and it requires more than four reminders to you to update the information, we reserve the right to charge extra for your renewal, for the time required to obtain this information from you.
Exclusivity of Your Listing
Listings are generally given with an exclusivity radius of 20 miles. Exclusivity for an expanded geographical area is available for extra fees. In metropolitan areas of greater than 1 million population, we may sell not more than one listing per eight hundred thousand population. In other words, if a metropolitan area has a population of four million, we may list five dentists, regardless of how close or far apart they are.
You may cancel at any time giving us at least 30 days written notice prior to the expiration of your current subscription. Refunds will not be given for portions of a subscription period. Notice must be provided in writing to our company address (listed at infinitydentalweb.com/contact-us.html) or to our company e-mail address, dave at infinitydentalweb dot com.
We may cancel your entire subscription or portions of your subscription (such as for extended geographical areas) at any time for any reason without advance notice. In the case of such cancellation, we will refund any unused portion of your subscription.
If we cancel because of a discovery that information you provided was a misrepresentation of your training, credentials, or qualifications, we will not be obligated to provide any refund. Since the success of our site is based on the trust we cultivate with the consumer, misrepresentations must be treated harshly.
If our Web site is cancelled or becomes inoperable for any reason for any sustained period, we will be obligated to refund to you any unused portion of your subscription. Such refund will be credited to the credit card that you have provided to us.
You agree that any dispute or claim that may arise out of or relating to this Agreement shall be settled by arbitration in the State of Arizona, according to Rules of the American Arbitration Association.
Infinity Dental Web, Inc. has the right to assign its rights under this Agreement. You may not assign your rights under this Agreement without our prior written consent.
Rates for certain services may vary and are subject to change at any time. Such changes shall be effective upon 45 days’ notice being given. Notice shall be deemed given when modifications to these Terms & Conditions are sent to your email address or to your home or business address on file with Infinity Dental Web, Inc.
If you object to any fee increase and for some reason you did not take action to cancel your service in a timely manner after we gave proper notice, you have a right to cancel your service by giving us notice within 60 days after such fee increase has been charged to your credit card. We will then cancel your service within 30 days after receiving your notice and will provide you a refund for the unused portion of your subscription. We urge you to give dual notice, as listed above under cancellation, because we cannot be responsible for problems in delivery of mail or e-mail.
If you own a web site, you agree to link our site on your site.
You warrant that any photographs that you provide to us for use on www.mynewsmile.com are not protected by copyright law and you have full power to grant us the right to use those photographs on our site. You warrant that any claim by you that such photographs are of dental work you performed, that you did indeed perform the work and that your characterizations of this work are complete and accurate.
All materials on this site (as well as the organization and layout of the site) are owned and copyrighted by Infinity Dental Web, Inc., and may, except where expressly indicated, be accessed, downloaded or printed for your personal non-commercial use only. Without the prior written permission of Infinity Dental Web, Inc., you may not copy, distribute or transfer any material on this site, in whole or in part, and you may not use any parts of this site in your dental office or in any other commercial way.
Further, you grant Infinity Dental Web, Inc. a non-exclusive world-wide, royalty-free, perpetual license with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to us for display on this site. You agree to hold us harmless from any claims of copyright infringement arising out of materials you have provided to us.
Choice of Law
This Agreement is governed by the laws of the State of Arizona.
You agree to indemnify, defend and hold harmless Infinity Dental Web, Inc., its affiliates and business partners from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of this agreement, and (ii) your posting of material to this site.
Any waiver by Infinity Dental Web, Inc. of a breach or attempted breach by you of any provision of this Agreement shall not be construed to be a waiver by us of this entire Agreement.
ACKNOWLEDGEMENT OF ARBITRATION. YOU UNDERSTAND AND ACKNOWLEDGE THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE. YOU UNDERSTAND THAT YOU WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MIGHT ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT, UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL OR CIVIL RIGHTS. INSTEAD, YOU AGREE TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.