CALIFORNIA ASSOCIATION OF ORTHODONTISTS
WEBSITE TERMS OF USE
1. Use Restrictions
Absent prior written permission from California Association of Orthodontists (“CAO”) you
(“you” or “User”) may not copy, distribute, republish, upload, post, or transmit
information contained on this website, including but not limited to, the CAO Orthodontic
Assistant Permit Training Course ("Information") in any manner, provided, however, you
may download one copy of the Information onto one computer, provided you do not
change the Information in any manner and further provided that you do not delete or
change any copyright, trademark, or other proprietary notice contained in the
Information.
This limited license allows you to use the Information only for lawful uses in accordance
with the foregoing and does not allow you to sell the Information, use the Information for
commercial use, use any type of data mining, robots, or similar data gathering or
extraction methods on this website. Any Information downloaded by you from this
website is merely licensed to you by CAO. This license does not transfer to you any
intellectual property rights in the Information under any patent, copyright, or trademark.
All such rights remain with CAO. Modifying, or using the Information for any purpose
other than as specifically authorized herein violates CAO's intellectual property rights.
Absent prior written consent from CAO you may not copy or imitate any elements of this
website, including, but not limited to, graphics, digital images, logos, sounds, images,
icons and buttons, protected by trade dress and other laws. You may not resell, reverse
engineer, disassemble, decompile, or otherwise modify any software contained within
the Information. Absent prior written consent from CAO, you may not use framing,
metatag or hidden text techniques in association with any CAO trademark, logo or other
copyrighted or proprietary information.
CAO will prosecute all violations of CAO's proprietary rights and of any other violation of
this Agreement to the fullest extent permissible under applicable state, federal and/or
international law.
2. Restricted Rights
CAO grants you only RESTRICTED RIGHTS regarding use of the Information and
website.
3. Transmissions
User acknowledges that transmissions by User to or from this website ("Transmissions")
are non-confidential and that others may read and/or intercept such Transmissions.
CAO has the right, but not the obligation, in its sole discretion to review any
Transmissions transmitted using this website or CAO's server and to edit or delete any
Transmissions which violate any term of this Agreement. User hereby consents to
CAO's collection and use of such Transmissions in accordance with CAO's then current
Privacy Statement and acknowledge that submitting Transmissions to this website
creates no confidential or fiduciary relationship between User and CAO.
4. Indemnification
You agree to defend, indemnify and hold CAO, its parents, subsidiaries, affiliates,
managers and employees, its suppliers and their respective affiliates and agents,
harmless from all claims, liabilities, damages and expenses (including attorneys' fees
and expenses) arising out of or relating to your use of this website, including, but not
limited to: (1) your submission to this website of any Transmission; (2) your alleged
breach of this Agreement; or (3) your infringement of any intellectual property or other
right of any person or entity.
5. Limitation of Liability
IN NO EVENT SHALL CAO, ITS PARENTS, AFFILIATES, VENDORS OR SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO
USE THIS WEBSITE, OR FOR THE LOSS OF PROFITS, OR DAMAGES THAT MAY
RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF
FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE,
DESTRUCTION OR UNAUTHORIZED ACCESS TO CAO'S RECORDS, OR FOR THE
COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN
CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR
OTHERWISE, EVEN IF CAO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE
LIMITATION OF LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT THAT CAO'S
TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF
ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY
YOU TO CAO IN EXCHANGE FOR ALLOWING YOU ACCESS TO THIS WEBSITE.
6. Disclaimer
YOU ACKNOWLEDGE THAT THIS WEBSITE AND THE INFORMATION HEREIN ARE
PROVIDED ON AN "AS IS, WHERE IS" BASIS AND THAT CAO MAKES NO
REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED,
REGARDING THIS WEBSITE OR THE INFORMATION. CAO DISCLAIMS ALL
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
MERCHANTABLILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BY USING OR ATTEMPTING TO USE THIS WEBSITE YOU
EXPRESSLY ACKNOWLEDGE: (1) THE INFORMATION COULD INCLUDE
TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) CAO DOES
NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY,
COMPLETENESS OR ACCURACY OF THE INFORMATION; AND (3) CAO DOES
NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE
FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING
CONTENT.
CAO may periodically change the Information. CAO reserves the right to implement
such changes, at any time without notice to you. Unless specifically indicated in writing
to the contrary, no reference in this website to any products, services, processes, or
other information, by trade name, trademark, manufacturer, supplier, or otherwise shall
constitute or imply CAO's endorsement or sponsorship thereof.
7. Links to Third-Party Sites
This website may include hypertext links to other websites and CAO has no control
over, and makes no representations of any kind regarding the content on such websites
or the content on any website linked to such websites, or any changes or modifications
made thereto. You hereby acknowledge that by using any such hypertext links, you
thereby irrevocably waive any and all claims against CAO regarding such websites and
must adhere to the usage and privacy policies governing such sites. Note that this
website's use of hypertext links to other websites does not imply CAO's sponsorship or
endorsement of any such websites.
8. Copyright
All copyrightable Information (other than this website Terms of Usage and the Privacy
Statement ), including the selection and arrangement thereof are copyright of CAO. ALL
RIGHTS RESERVED. Except as stated herein, you may not copy, reproduce, distribute,
republish, download, post or transmit, the Information in any form or by any means,
including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise,
without the prior written permission of CAO.
9. Trademark
All trademarks used on this website are the property of their respective owners and may
not be used without permission therefrom. Whether or not specifically designated as
such, colors, graphics, logos, sounds, images, icons and buttons displayed in this
website ("Marks") are property of CAO and/or its affiliates. Absent prior written consent
from CAO and/or its affiliates, you may not copy, imitate or use any portion of the
Marks.
10. Impermissible Activity
You must not use this website or the CAO server to transmit any data which: (1) is
unlawful, threatening or abusive; (2) encourages criminal or other activity which would
reasonably give rise to civil liability or otherwise violate any local, state, federal or
international law; (3) is vulgar, profane, obscene or offensive; (4) is pornographic,
sexually explicit or indecent; (5) contains false or misleading information (6) inhibits
another user from use or enjoyment of this website; (7) is defamatory or libelous; (8)
contains a virus or surreptitious code; or (9) contains any type of commercial
component or advertising.
11. Data Collection and Use
Your Transmissions are subject to CAO's Privacy Statement. By using this website, you
agree to review the Privacy Statement, and be bound by its terms and conditions. From
time to time, CAO may change its Privacy Statement without notice to you. Your
continued use of this Website after the posting of any changes, shall constitute your
agreement with and acceptance of such changes.
12. Monitoring the Site
You acknowledge that you are solely responsible for all of your activities in relationship
to this website, including the contents of all Transmissions, and the consequences
thereof. You agree to indemnify, defend and hold CAO harmless for any liability arising
from your use of this website. While CAO respects your privacy, you hereby
acknowledge that this Agreement creates no reasonable expectation of privacy in any
Transmissions. CAO may, but is under no obligation to, use blocking and/or filtering
software and other monitoring devices to prevent the dissemination of unsolicited
electronic communications (spam). You may not use this website in association with
such spam, any computer viruses or any other potentially damaging computer code.
CAO will prosecute Violations of this provision to the fullest extent allowed by law and
reserves the right to take additional action regarding any such activity or conduct. Such
additional action may include recovery of costs and expenses associated with
identifying offenders and preventing their access to this website as well as lost profits,
damages, court costs and attorney fees associated with repairing any damaged
software or hardware. Notwithstanding any provisions of the Privacy Policy, CAO
reserves the right to report any Transmissions which it believes violate any law or
regulation to appropriate law enforcement officials, regulators, or other third parties, and
to assist such parties in their investigations.
13. Governing Law
This is the entire agreement between you and CAO relating to your use of this website.
The laws of the State of California, United States of America shall govern this
Agreement and the Privacy Policy, notwithstanding any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to this Agreement
or the Privacy Statement shall be filed only in a court of competent jurisdiction in
California, and you hereby irrevocably and unconditionally consent and submit to the
exclusive jurisdiction of such action.
15. Termination
Either you or CAO may terminate this Agreement at any time. You may terminate this
Agreement by destroying all materials obtained from this website. CAO may terminate
this Agreement immediately, without notice, for any reason, or no reason, and reserves
the right to block or prevent your future access to this website.
16. Severability
If any portion of this Agreement or the Privacy Statement is determined by a court of
competent jurisdiction to be unlawful, void, or unenforceable, that portion will be
deemed severable and will not affect the validity and enforceability of any remaining
provisions hereof.
If you do not agree to these Terms of Usage, please do not register with or enter this
website. Your use of the website signifies your acceptance of these terms. As these
terms are subject to change at any time without notice, please check them before using
the website to determine whether a change has been made.