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DENTIST
IN LAS VEGAS.COM Service Agreement Last Updated: February
2009
How
You May Use the Service.
In using the service, you will:
obey
the law;
obey any codes of conduct or other notices we provide;
How
You May Not Use the Service.
In using the service, you may not:
engage
in, facilitate or further unlawful conduct;
use the service in a way that harms us or our advertisers,
affiliates, resellers, distributors and/or vendors,
or any customer of ours or our advertisers, affiliates,
resellers, distributors and/or vendors;
use any portion of the service as a destination linked
from any unsolicited bulk messages or unsolicited
commercial messages ("spam");
Payment.
When you create a billing account, you enter your
payment method. You must be authorized to use the
payment method. You authorize us to charge you for
the service using your payment method and for any
paid feature of the service for which you choose to
sign-up or use while this contract is in force. You
will pay service charges in advance. We may charge
you a different amount than what you approved. If
it is a greater amount, we will tell you the amount
and the date of the charge at least 10 days before
we make the charge. Also, we may charge you up to
the amount you have approved, and notify you in advance
of the difference. We may bill you for more than one
of your prior billing periods together. If we informed
you that the service will be provided indefinitely
or automatically renewed, we may automatically renew
your service and charge you for any renewal term.
Updates
to Your Billing Account. You must keep all information
in your billing account current, including your billing
address and the expiration date of your credit card.
You may change your payment method at any time. If
you tell us to stop using your payment method, we
may cancel your service. Your notice to us will not
affect charges we submit to your billing account before
we reasonably could act on your request.
Trial
Period Offers. You may have received a limited
time of free service or some other trial period offer.
Unless we notify you otherwise, if you are participating
in any trial period offer, you must cancel the service
by the end of the trial period to avoid incurring
charges. If you do not cancel your service, and we
have informed you that the service will automatically
be converted into a paid subscription at the end of
the trial period, then you authorize us to charge
your payment method for the service.
Prices and Price Increases. The price for the service
excludes all taxes, unless stated otherwise. We may
change the price of the service from time to time,
but we will tell you before we do.
If
there is a specific time length and price for your
service offer, then that price will remain in force
for that time. After the offer period ends, your use
of the service will be charged at the new price. If
your service is on a period basis (for example, monthly),
with no specific time length, then we will tell you
the date of any price. That date will be not less
than 30 days after we tell you of the price change.
If you do not agree to these changes, then you must
cancel and stop using the service before the changes
take place. If you cancel your service, then your
service ends at the end of your current service time
length or, if we bill your account on a period basis,
at the end of the period in which you cancelled.
Refund
Policies. Unless otherwise provided by law or
in connection with any particular service offer, all
charges are non-refundable, and the costs of any returns
will be at your expense.
Late
Payments. Except to the extent prohibited by law,
we may assess a late charge if you do not pay on time.
You must pay these late charges when we bill you for
them. The late charge will be the lesser of 1% of
the unpaid amount each month or the maximum rate that
is permitted by law. We may use a third party to collect
past due amounts. You must pay for all reasonable
costs we incur to collect any past due amounts. These
costs may include reasonable attorneys' fees and other
legal fees and costs. We may suspend or cancel your
service if you fail to pay in full on time.
Your
Materials.
You may be able to submit materials for use in connection
with the service. The service includes publicly accessible
areas ("public areas of the service") and
areas to which you can control access by others ("shared
and private areas of the service"). You understand
that Microsoft does not control or endorse the content
that you and others post or provide on the service.
Except for material that we license to you, we do
not claim ownership of the materials you post or provide
on the service. However, with respect to content you
post or provide you grant to those members of the
public to whom you have granted access (for content
posted on shared and private areas of the service)
or to the public (for content posted on public areas
of the service) free, unlimited, worldwide, nonexclusive
and perpetual permission to:
Subscription
Term.
Paid Subscriptions. The "Subscription Term"
for paid subscriptions begins on the date that you
activate your account and ends on the date corresponding
to the number of subscription months that you have
purchased (e.g., 12, 24 or 36 months). A renewal of
your subscription must occur to continue receiving
subscription services. Renewals may require additional
or different license terms.
Trial Use. The "Trial Period" for trial
use begins on the date that your contract was signed
and ends on the date corresponding to the length of
the trial offer (e.g., 90 days later).
Updates.
Back Up Your Data. Upon termination or cancellation
of the service by you or us for any reason, Kazico
may delete your data permanently from our servers.
You are responsible for taking all necessary steps
to back up your data and ensuring that you maintain
your primary means of business.
How
We May Change the Contract.
If we change this contract, then we will tell you
at least 30 days before the change takes place. If
you do not agree to these changes, then you must cancel
and stop using the service before the change takes
place. If you do not stop using the service, then
your use of the service will continue under the changed
contract.
WE
MAKE NO WARRANTY.
We provide the service "as-is," "with
all faults" and "as available." We
do not guarantee the accuracy or timeliness of information
available from the website. We and our affiliates,
resellers, distributors and vendors (collectively,
the "Kazico parties") give no express warranties,
guarantees or conditions. You may have additional
consumer rights under your local laws that this contract
cannot change. We exclude any implied warranties including
those of merchantability, fitness for a particular
purpose, workmanlike effort and non-infringement.
LIABILITY LIMITATION.
You can recover from the Kazico parties only direct
damages up to an amount equal to your service fee
for one month. You cannot recover any other damages,
including consequential, lost profits, special, indirect,
incidental or punitive damages.
This
limitation applies to anything related to:
the
service, content (including code) on third party Internet
sites, third party programs or third party conduct,
viruses or other disabling features that affect your
access to or use of the service,
incompatibility between the service and other services,
software and hardware,
delays or failures you may have in initiating, conducting
or completing any transmissions or transactions in
connection with the service in an accurate or timely
manner, and claims for breach of contract, breach
of warranty, guarantee or condition, strict liability,
negligence, or other tort.
It
also applies even if:this
remedy does not fully compensate you for any losses,
or fails of its essential purpose; or Kazico knew
or should have known about the possibility of the
damages.
Some states do not allow the exclusion or limitation
of incidental or consequential damages, so the above
limitations or exclusions may not apply to you. They
also may not apply to you because your province or
country may not allow the exclusion or limitation
of incidental, consequential or other damages.
Changes
to the Service; If We Cancel the Service.
We may change the service or delete features at any
time and for any reason. We may cancel or suspend
your service at any time. Our cancellation or suspension
may be without cause and/or without notice. Upon service
cancellation, your right to use the service stops
right away. Our cancellation of the service will not
alter your obligation to pay all charges made to your
billing account. If we cancel the service in its entirety
without cause, then we will refund to you on a pro-rata
basis the amount of payments that you have made corresponding
to the portion of your service remaining right before
the cancellation.
Interpreting the Contract.
All parts of your contract apply to the maximum extent
permitted by law. A court may hold that we cannot
enforce a part of this contract as written. If this
happens, then you and we will replace that part with
terms that most closely match the intent of the part
that we cannot enforce. The rest of this contract
will not change. This is the entire contract between
you and us regarding your use of the service. It supersedes
any prior contract or statements regarding your use
of the service. If you have confidentiality obligations
related to the service, those obligations remain in
force. The section titles in the contract do not limit
the other terms of this contract.
Assignment.
We may assign this contract, in whole or in part,
at any time with or without notice to you. You may
not assign this contract, or any part of it, to any
other person. Any attempt by you to do so is void.
You may not transfer to anyone else, either temporarily
or permanently, any rights to use the service or any
part of the service.
No Third Party Beneficiaries.
This contract is solely for your and our benefit.
It is not for the benefit of any other person, except
for permitted successors and assigns under this contract.
Claim Must Be Filed Within One Year.
Any claim related to this contract or the service
may not be brought unless brought within one year.
The one-year period begins on the date when the claim
first could be filed. If it is not filed in time,
then that claim is permanently barred. This applies
to you and your successors. It also applies to us
and our successors and assigns.
Notices We Send You; Consent Regarding Electronic
Information.
This contract is in electronic form. We have promised
to send you certain information in connection with
the service and have the right to send you certain
additional information. There may be other information
regarding the service that the law requires us to
send you. We may send you this information in electronic
form. You have the right to withdraw this consent,
but if you do, we may cancel your service. We may
provide required information to you:
by
e-mail at the e-mail address you specified when you
signed up for your service;
Notices provided to you via e-mail will be deemed
given and received on the transmission date of the
e-mail. As long as you can access and use the service,
you have the necessary software and hardware to receive
these notices. If you do not consent to receive any
notices electronically, you must stop using the service.
NOTICES
Notices and Procedure for Making Claims of Copyright
Infringement
Under 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 RECEIVE NO RESPONSE.
Copyright
and Trademark Notices
All contents of the service are Copyright © 2008
Kazico Ltd and/or its third party suppliers, Copyright
and other intellectual property laws and treaties
protect any content provided as part of the service.
We or our clients own the title, copyright, and other
intellectual property rights to the content . The
names of actual companies, banners, and products mentioned
herein may be the trademarks of their respective owners.
The example companies, websites, organizations,
products, domain names, e-mail addresses, logos, people,
places and events depicted herein may be fictitious.
No association with any real company, organization,
product, domain name, e-mail address, logo, person,
places or events is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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