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Please read these Terms of Use carefully before you start to use this Website and any related sub-pages. These Terms of Use will, among other things:
By using the Website you agree to be bound and abide by these Terms of Use and consent to having your personal information collected and processed in accordance with our Privacy Policy, which can be found at https://childrensdentistryofdecatur.com/. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND CHILDREN'S DENTISTRY OF DECATUR CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST CHILDREN'S DENTISTRY OF DECATUR TO BINDING, CONFIDENTIAL AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. THESE TERMS OF USE ALSO LIMIT YOUR ABILITY TO PARTICIPATE IN A MASS ARBITRATION.
These Terms of Use compose of:
These Terms of Use are entered into by and between you and CHILDREN'S DENTISTRY OF DECATUR ("CHILDREN'S DENTISTRY OF DECATUR," "we," "our," or "us") by your use of the Website. The following terms and conditions, together with any documents that they expressly incorporate by reference shall be referred to as the "Terms" and shall govern your access to and use of the CHILDREN'S DENTISTRY OF DECATUR domain (https://childrensdentistryofdecatur.com/ (the "Website")).
When we refer to "you" or "your," we mean the person who is visiting and using the Website. If you are accessing the Website on behalf of, or for the purposes of, another person, including a business or other organization, "you" or "your" also means that other person, including a business organization, if applicable.
Please note that the Website is not targeted at children or intended for use by individuals under the age of 18. If you are under the age of 18, you are not permitted to use the Website. If you use the Website, you affirm that you are at least 18 years old.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction and Arbitration sections will not apply to any disputes for which the parties have actual notice before the date the change is posted.
You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Please read this section carefully – it significantly affects your legal rights, including your right to file a lawsuit in court and participate in a class action. In consideration of and as condition of your use of CHILDREN'S DENTISTRY OF DECATUR's sites, you and CHILDREN'S DENTISTRY OF DECATUR (collectively, the "Parties") agree as follows:
You and CHILDREN'S DENTISTRY OF DECATUR agree that most disputes that arise between us and that cannot be resolved informally shall be resolved through binding individual arbitration with limited exceptions as set forth below. Arbitration is less formal than a lawsuit in court, uses a single neutral arbitrator instead of a judge or jury, and discovery and appellate review is more limited. This section also includes a class action waiver and jury trial waiver. For the avoidance of doubt, this section survives termination of these Terms and your relationship with CHILDREN'S DENTISTRY OF DECATUR.
It is CHILDREN'S DENTISTRY OF DECATUR's goal that we meet your expectations; however, there may be instances when you have a problem or dispute that needs special attention. In those instances, CHILDREN'S DENTISTRY OF DECATUR is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem, claim, or dispute that you may have with or against CHILDREN'S DENTISTRY OF DECATUR (a "Dispute," as defined below), you acknowledge and agree that you will first give CHILDREN'S DENTISTRY OF DECATUR an opportunity to informally resolve your Dispute as set forth below in this section. CHILDREN'S DENTISTRY OF DECATUR agrees that it will do the same as to any Dispute that it might have with you.
"Dispute" shall be interpreted broadly and shall include any dispute, claim or controversy between you and CHILDREN'S DENTISTRY OF DECATUR, its affiliates and subsidiaries arising out of or relating to these Terms, your access or use of this Website, your use of any products or services sold through this Website or your relationship with CHILDREN'S DENTISTRY OF DECATUR whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Dispute shall include: (a) any dispute or claim that arose before the existence of this or any prior Terms (including any claims related to advertising); (b) any dispute or claim that is currently the subject of any class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms. Dispute, however, does not include disputes or claims concerning patents, copyrights, trademarks, and trade secrets, publicity, and claims of piracy or unauthorized use of intellectual property.
The Parties agree that Disputes will be arbitrated on an individual basis only. Neither of the Parties will: (i) assert or pursue in arbitration any Dispute on a class, collective or representative basis or in any other way other than on an individual basis; or (ii) join, opt into, serve as class representative in, participate in, remain as a class member in or receive any recovery from, any purported class, collective, or representative action, regardless of whether such action was originally brought as a lawsuit or as an arbitration. In no event will there be any form of class, collective, consolidated, or representative arbitration.
Before submitting a demand for arbitration in accordance with the provisions set forth in this section, if either you or CHILDREN'S DENTISTRY OF DECATUR has a Dispute with the other Party, that Party shall first provide the other Party with a written notice related to that Dispute ("Notice"). If you have a Dispute with CHILDREN'S DENTISTRY OF DECATUR, you agree to provide CHILDREN'S DENTISTRY OF DECATUR with the Notice by sending the Notice by e-mail to CHILDREN'S DENTISTRY OF DECATUR email address. If we have a Dispute with you, we will provide you with the Notice by sending it to the most recent contact information we have on file for you.
A Notice must include all of the following: (a) a detailed description of the Dispute; (b) the nature and basis of the claim(s); (c) the relief sought and a calculation for it; (d) information sufficient for CHILDREN'S DENTISTRY OF DECATUR or you to identify any relevant transactions, accounts, or experiences; and (e) the Party's mailing address, email address, and a phone number.
During the informal dispute resolution process, should the Party receiving the Notice make a request, both Parties shall participate in an individualized telephonic settlement conference to facilitate potential resolution of the Dispute. You and we agree to negotiate in good faith in an effort to resolve any Dispute. This should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of a compliant Notice, you and we agree to the further dispute resolution provisions below.
Both you and we agree that this informal dispute resolution process is mandatory and a condition precedent that must be satisfied before initiating arbitration. Any applicable limitations period (including statutes of limitations) will be tolled for 60 days from the time a fully compliant Notice is served on the other Party unless the Parties mutually agree to extend that period.
You and CHILDREN'S DENTISTRY OF DECATUR agree that subject to the limited exceptions set forth in these Terms, the sole and exclusive forum for any and all Disputes between you and CHILDREN'S DENTISTRY OF DECATUR shall be final and binding individual arbitration.
Notwithstanding the foregoing, either Party retains the right to have a Dispute heard in small claims court provided the Dispute falls within the jurisdictional limits of that court and otherwise qualifies for that court, seeks individualized relief, and so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction.
You and CHILDREN'S DENTISTRY OF DECATUR acknowledge that this section of the Terms affects interstate commerce and that the Federal Arbitration Act ("FAA") and federal arbitration law (and not state arbitration law) apply (despite any other choice of law provision).
Arbitration under these Terms shall be administered by the American Arbitration Association (the "AAA") in accordance with the then-current AAA Consumer Arbitration Rules (including applicable AAA Supplementary Rules), which are available at https://www.adr.org/Rules or by calling 1-800-778-7879, as modified by these Terms.
The Parties agree that the arbitrator may award the same relief available in court provided that such relief (including declaratory or injunctive relief) shall only be in favor of the individual Party seeking relief and only to the extent necessary to provide the relief warranted by that Party's individual claim.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING IN ARBITRATION OR IN LITIGATION. FURTHER, UNLESS YOU OR WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ANY PERSON'S OR ENTITY'S CLAIMS WITH THOSE OF ANOTHER PERSON OR ENTITY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.
The arbitration will be conducted before a sole neutral arbitrator. You may choose to have the arbitration conducted by a phone, telephonic, or video hearing, or solely through written submissions, except that any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing unless the Parties agree otherwise. The Parties agree that the arbitration proceedings will be kept confidential.
If twenty-five (25) or more claimants (including you) submit Notices or seek to initiate arbitrations raising similar claims against CHILDREN'S DENTISTRY OF DECATUR and are represented by the same or coordinated counsel or are otherwise coordinated ("Mass Arbitration"), you agree that these additional procedures shall apply.
Stage One: If at least 50 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for CHILDREN'S DENTISTRY OF DECATUR shall each select 25 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. After this initial set of staged proceedings, counsel for the Parties shall participate in a global mediation session.
Stage Two: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for CHILDREN'S DENTISTRY OF DECATUR shall each select 50 Disputes per side to be filed and to proceed as cases in individual arbitrations. Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction.
If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice within 30 days of the change to CHILDREN'S DENTISTRY OF DECATUR email address.
You and CHILDREN'S DENTISTRY OF DECATUR each agree that any proceeding, whether in arbitration or litigation in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. To the fullest extent permitted by law, you and CHILDREN'S DENTISTRY OF DECATUR waive the right to a jury trial.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use our Website:
Additionally, you agree not to:
Accessing or using the Website via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited. The Website and materials contained therein may not be used by you for the development, training, testing, validation, improvement or deployment of any artificial intelligence tool.
The Website, including its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) ("CHILDREN'S DENTISTRY OF DECATUR Content") are owned by CHILDREN'S DENTISTRY OF DECATUR, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
CHILDREN'S DENTISTRY OF DECATUR's name, the CHILDREN'S DENTISTRY OF DECATUR logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CHILDREN'S DENTISTRY OF DECATUR or its affiliates or licensors. You must not use such marks without our prior written permission.
We have the right to:
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
All information we collect through the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
This Website may contain links to other independent third-party sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and CHILDREN'S DENTISTRY OF DECATUR is not responsible for and does not endorse the content of such Linked Sites.
We shall make reasonable efforts to keep the Website operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Website.
You may link to our homepage of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
If you are having difficulty accessing our Website, please contact us using the contact information described at the end of these Terms. We will work to provide our products and services to you through alternative means.
If you provide us your e-mail through the Website, you agree to receive marketing and promotional messages from us. You may opt-out of these marketing and promotional messages by following the instructions in those messages.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PROVIDED BY LAW, CHILDREN'S DENTISTRY OF DECATUR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CHILDREN'S DENTISTRY OF DECATUR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY SITE LINKED TO IT, ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
You agree to defend, indemnify, and hold harmless CHILDREN'S DENTISTRY OF DECATUR, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.
No waiver by CHILDREN'S DENTISTRY OF DECATUR of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
CHILDREN'S DENTISTRY OF DECATUR may assign these Terms, and any of its rights under the Terms, in whole or in part. You may not assign the Terms, in whole or in part, nor transfer or sub-license your rights under the Terms, to any third party.
The Terms constitute the sole and entire agreement between you and CHILDREN'S DENTISTRY OF DECATUR regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
The Website is operated by:
CHILDREN'S DENTISTRY OF DECATUR
5243 Snapfinger Woods Dr, Ste 107
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@childrensdentistryofdecatur.com