PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING WITH THIS WEB SITE.

The web site is intended for existing patients and potential patients of the orthodontic, dental or pediatric practices as the case may be (“Practice”), who live in the United States. Only persons at least 13 years or older are permitted to register on the web site.

By clicking on the checkbox on the registration form, you agree to be legally bound and to abide by the User Agreement just as if you had signed this agreement. If you do not comply with the User Agreement at any time, we reserve the right to terminate your access to the web site without prior notice.

TABLE OF CONTENTS

• Responsibility For Your Account; Information Sent Through the Web Site
• Privacy
• Copyright; Use of Web Site
• Disclaimers; Limitations of Liability; Indemnification
• Advertising
• Termination of Your Use of the Web Site; Discontinuation/Change in the Web Site
• Governing Law; Venue
• Other Terms

1. Responsibility For Your Account; Information Sent Through the Web Site
   When registering with or sending information through the web site, you agree to: (a) provide true, accurate, current and complete information (such information being "Personal Information") and (b) maintain and promptly update the Personal Information to keep it current and accurate to the extent permitted by the Practice. If you provide any information that is untrue, inaccurate, or incomplete, or the Practice or service providers, including without limitation Orthodontic Centers of America, Inc. (“Service Providers”) have reasonable grounds to suspect that such is the case, the Practice or Service Providers have the right to suspend or terminate your use of the web site and refuse any and all current or future use of the web site to you.
   
   It is your sole and exclusive responsibility to maintain the confidentiality of your User ID or password and for restricting access to your computer. You will be solely and exclusively liable and responsible for all actions taken under your User ID or password, whether those actions are taken by you or a third party using that User ID or password. 
   
   
2. Privacy
   Personal information that you provide about yourself is subject to the Practice’s Privacy Statement 
   
   
3. Copyright; Use of Web Site
   All content included on this web site, including, without limitation information, photos, graphics, logos, button icons, images, digital downloads, software, video clips, sound clips, data compilations (collectively “Content”), is the exclusive property of the Practice or its Service Providers and is protected by copyright and trademark laws. The Practice grants you a limited license to access and make personal, non-commercial use of this web site and the Content; however you may not download (other than page caching) or modify it, or any portion of it, except with the express written consent of the Practice. This web site and Content or any portion of this web site or Content may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of the Practice and its Service Providers. Any unauthorized use of the web site or Content terminates the license granted by the Practice or its Service Providers. You may not use any of the Practice’s or the Service Provider’s tradenames, logos or other proprietary graphics or trademarks without the express written permission of the Practice or the Service Provider. You are prohibited from including links into the web site; framing the web site in any linking arrangement; using any spider, other automatic device, or manual process to monitor or copy the web site or Content; any other interference with technological measures designed to control access or use of the web site or Content; interfering or attempting to interfere with the proper operation of the web site and its activities; and taking any action that might impose an unreasonable or disproportionately large load on the web site’s technical infrastructure. 
   
   
4. DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
   THIS WEB SITE AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE AND CONTENT IS AT YOUR SOLE RISK. 
   
   THE PRACTICE AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES, WORMS OR OTHER MALICIOUS SOFTWARE. THE PRACTICE AND ITS SERVICE PROVIDERS DO NOT WARRANT THAT THE CONTENT WILL BE ACCURATE, UP-TO-DATE, OR OTHERWISE RELIABLE. PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED THROUGH THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS USER AGREEMENT.
   
   TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE PRACTICE AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 
   
   IN NO EVENT SHALL THE PRACTICE, ITS SERVICE PROVIDERS, THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND SUBSIDIARIES (“INDEMNIFIED PARTIES”) BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR DATA ARISING OUT OF OR RESULTING FROM THIS WEB SITE OR CONTENT, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. THE INDEMNIFIED PARTIES’ TOTAL LIABILITY TO YOU, UNDER ANY LEGAL THEORY, IS LIMITED TO $500. 
   
   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
   
   YOU RELEASE AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, ACTIONS AND PROCEEDINGS AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEB SITE, ANY CONTENT AND YOUR VIOLATION OF THIS USER AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS USER AGREEMENT.
   
   If you are a California resident, you waive California Civil Code Section 1542 which reads: “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.” 
   
   
5. Advertising
   In the event specific prices are listed on this web site, the Practice may vary them from time to time. Additional fees may be charged, including, without limitation, records fees and retainer fees that may apply. No representation is made that the quality of the dental services to be performed is greater than the quality of dental services performed by other dentists. Images of persons on this web site are professional models and not patients of the dentist. 
   
   
6. Termination of Your Use of the Web Site; Discontinuation/Change in the Web Site
   The Practice and its Service Providers reserve the right, within their sole discretion, to change, modify, add, suspend, remove or discontinue this web site or any aspect of this web site at any time, and may also impose limits on certain features and services or restrict your access to parts or all of the web site without notice or liability. You agree that the Practice or its Service Providers, in their sole discretion, may terminate your use of the web site, for any reason, including, without limitation, for lack of use of the website or if the Service Provider believes (in its sole judgment and discretion) that you have violated or acted inconsistently with the letter or spirit of this User Agreement. You agree that any termination of your access to the web site under any provision of this User Agreement may be effected without prior notice to you. 
   
   
7. Governing Law; Venue
   Except where prohibited, you agree that the construction, validity, interpretation and enforceability of the User Agreement shall be governed by and construed exclusively in accordance with the laws of the State of Louisiana without giving effect to any principles of conflicts of law of any jurisdiction. You agree that any action at law or in equity arising out of or relating to this web site or its Content shall be filed only in the state or federal courts located in Orleans Parish in the State of Louisiana and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, you agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this web site or Content shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event may you recover attorneys' fees; and (c) under no circumstances you be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. You agree that regardless of any statute or law to the contrary, any cause of action or claim against the Indemnified Parties (as defined above) arising out of or in connection with this User Agreement, your use of the Web Site or Content shall be instituted and served upon the Practice or Service Provider not later than twelve (12) months following the occurrence of the first event giving rise thereto or be forever barred. Any cause of action against the Indemnified Parties not instituted within that time period shall be deemed irrevocably waived. 
   
   
8. Other Terms
   The Practice and its Service Providers reserve the right, at their sole discretion, to amend, change, or modify any portion of this User Agreement, in whole or in part, at any time. Notification of changes in the User Agreement will be posted on this web site. Such amendment will be effective within ten (10) days of posting on this web site, your continued use of the web site indicates your acceptance of these amendments. This User Agreement constitutes the entire agreement between the parties in connection with the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties. The waiver or any modifications of any provision of this User Agreement or any right, power or remedy hereunder shall not be effective unless made in writing and signed by the Practice. No failure or delay by the Practice or its Service Provider in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions. The User Agreement will inure to the benefit of the Practice and its Service Providers and their respective successors, assigns and licensees, and all of their respective officers, directors, employees, consultants and agents.