Veneerray's privacy policy is hereby incorporated by reference into this Agreement. You should read the privacy policy and stay familiar with its terms.
IN NO EVENT SHALL VENEERRAY BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING. IN NO EVENT SHALL THE TOTAL LIABILITY OF VENEERRAY UNDER THIS AGREEMENT OR REGARDING THE WEBSITE EXCEED ONE THOUSAND DOLLARS ($1000.00). Some jurisdictions do not allow certain limitations of damages so the foregoing may not apply to you
If you have a dispute with one or more users of the Website, including (without limitation) with respect to any posting, commentary, or other content posted or otherwise provided by any such user on or through the Website, you release and forever discharge Veneerray and its affiliates (and all officers, directors, employees, members, shareholders, managers, counsel, insurers, representatives, and agents thereof) from any and all claims (monetary or otherwise), demands, lawsuits, attorneys' fees, costs, losses, liabilities, and/or causes of action, whether under contract, tort, or any other theory of legal liability, and whether presently known or unknown, accrued, liquidated or contingent, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
This Agreement shall be subject to the laws of the State of Illinois as apply to contracts entered into and performed in Illinois between Illinois residents and without regard to conflicts of laws principles. The State and Federal courts for DuPage County, Illinois, shall have sole and exclusive jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts.
VENEERRAY PROVIDES THE WEBSITE AND ALL SERVICES ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY. VENEERRAY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEAL, USAGE, OR TRADE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR TITLE. WITHOUT LIMITING THE FOREGOING, BY USING THE WEBSITE, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT (A) YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING APPROPRIATE LEVELS OF KNOWLEDGE AND TRAINING FOR THE SUCCESSFUL OPERATION OF YOUR DENTAL PRACTICE, (B) THE INFORMATION AND OTHER RESOURCES PROVIDED BY VENEERRAY THROUGH THE WEBSITE ARE OFFERED AS A PART, BUT NOT THE ONLY PART, OF THE KNOWLEDGE-BASED RESOURCES THAT YOU NEED TO SUCCESSFULLY OPERATE YOUR DENTAL PRACTICE, (C) INFORMATION PROVIDED THROUGH THE WEBSITE IS SUBJECT TO CHANGE FROM TIME TO TIME, INCLUDING (WITHOUT LIMITATION) TO TAKE INTO ACCOUNT NEW IDEAS OR DEVELOPMENTS IN CLINICAL CARE, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT INFORMATION THAT YOU MAY OBTAIN THROUGH THE WEBSITE IS CURRENT, ACCURATE AND COMPLETE, AND (D) NEITHER VENEERRAY OR ANY OF ITS AFFILIATES, NOR ANY DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, OR INSTRUCTORS THEREOF IS RESPONSIBLE FOR ENSURING THAT THAT THE INFORMATION AND OTHER RESOURCES PROVIDED BY VENEERRAY OR ITS AFFILIATES THROUGH THE WEBSITE ARE SUFFICIENT FOR YOUR PRACTICE NEEDS. YOU WILL THUS HOLD VENEERRAY AND ITS AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, AND INSTRUCTORS HARMLESS FROM YOUR USE OR MISUSE OF VENEERAY’S SERVICES AND PRODUCTS INCLUDING ANY ALLEGATION AGAINST YOU OF MALPRACTICE IN THE USE OR MISUSE OF VENEERAY’S SERVICES OR PRODUCTS.
Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of Veneerray. Any purported assignment without such permission shall be void. This Agreement, including corresponding access to your Practice Information and Postings, may be assigned by Veneerray in whole or in part without notice. Any waiver of any rights of Veneerray under this Agreement must be in writing, signed by a duly authorized agent of Veneerray, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. Your use of the Website shall at all times comply with all applicable laws, rules, and regulations. This Agreement is the entire agreement between you and Veneerray with respect to this subject matter and supersedes any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. You will indemnify and hold Veneerray and its affiliates (and all officers, directors, employees, members, shareholders, managers, counsel, insurers, representatives, and agents thereof) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or regulation, or the rights of any third party. You agree that: (i) the Website shall be deemed solely located in DuPage County, Illinois; and (ii) the Website is and shall be deemed a passive website that does not give rise to personal jurisdiction over Veneerray, either specific or general, in jurisdictions other than Illinois. YOU AND VENEERRAY AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have any questions or comments about Veneerray or this Agreement, you may contact Veneerray at:
Veneerray LLC
P.O. Box 126, 3 Grant Square
Hinsdale, IL 60521
Phone: (630) 325-2525
info@veneerray.com