The terms "you," "your," and "yours" refer to you, the visitor to or user of the Website. The terms "eXceed," "we," "us," and "our" refer to eXceed.
1. MEDICAL DISCLAIMER
All information contained on this Web Site, including information relating to orthodontic, dental, medical and health conditions, and products and treatments, is for informational purposes only. This information should not be considered complete and is not intended to be used in place of a patient visit, call, consultation or advice of an orthodontist, dentist or medical professional, or any information contained on or in any product packaging or labels. Information obtained by using the Website is not exhaustive and does not cover all orthodontic or dental procedures or treatments. The information on this Website and any link to other sites is for informational purposes only and is not intended to provide medical advice for any specific medical condition you may have. This Website does not create a doctor/patient relationship.
2. USE OF THE WEB SITE'S CONTENT
Except as expressly provided above, nothing contained in this Website will be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of eXceed or any third party.
3. USER CONDUCT
You agree to not use the Website to:
If you do use the Website to commit any of the above, Exact may, at its sole discretion, terminate your ability to use the Website and prosecute you to the fullest extent allowed by law
4. FEEDBACK AND CONTENT SUBMISSION
5. MODIFICATION AND TERMINATION OF WEB SITE
eXceed reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice. You agree that Exact shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. eXceed may also make improvements and/or changes in the products, services and/or the programs described in this Website at any time without notice. However, eXceed disclaims any responsibility to update, improve or change this Website.
6. OTHER WEB SITES AND RESOURCES
Third parties using the Website may provide links or access to other Websites and resources. Because eXceed has no control over such sites and resources, you acknowledge and agree that eXceed is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that eXceed shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Websites available on or through any such site or resource.
8. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND FOR INFORMATIONAL PURPOSES ONLY. EXACT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE WEBSITE AND WEBSITE CONTENT, AND YOU RELY ON THE WEBSITE AND WEBSITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE USE, DOWNLOADING OR ACCESSING OF ANY MATERIAL THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXACT OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
9. LIMITATION OF LIABILITY
EXCEED AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE, AND THEIR OFFICERS, DIRECTORS, SUBSIDIARIES, EMPLOYEES, AFFILIATES, AGENTS, PARTNER, SUCCESSORS AND ASSIGNS (THE RELEASED PARTIES) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EXACT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) RESULTING FROM YOUR USE OF THE WEBSITE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE, EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, OR SHALL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.
10. COPYRIGHT/INTELLECTUAL PROPERTY INFRINGEMENT.
eXceed respects the intellectual property rights of others, and requires you to do the same. It is the policy of eXceed to terminate the access privileges of those who repeatedly infringe the copyright or intellectual property rights of others. If you believe that your work has been posted on the Website in a way that constitutes copyright or other intellectual property infringement, please contact eXceed at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest; (2) a description of the work that you claim has been infringed, and identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (3) your address, telephone number and e-mail address; (4) a statement by you that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owners behalf.
Exceed Services GMBH
Attention: Copyright Agent
13. LEGAL DISPUTES
14. MODIFICATION OF AGREEMENT