Last updated: November 2, 2018
Deploy provides internet advertising services through website/blog development, content licensing, account setup, optimization, management and hosting. Deploy offers the following options, which may be changed from time to time:
- New Customer Without URL: Customer chooses new website URL (ex. yourpractice.com). Company acquires domain name, designs and hosts the website/blog for Customer.
- New Customer With URL: Customer’s existing site is aesthetically enhanced. Customer will maintain ownership of URL and will be required to change name servers to point to Deploy’s web servers.
IV. Intellectual Property
All content on the Site, Client Sites and Deploy-owned properties including but not limited to, designs, text, graphics, pictures, information, and their selection and arrangement (“Content”) are the property of Deploy or its licensors. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Content, the Site, Client Sites, or any portions of the Site(s). In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site(s).
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Deploy or other third parties. You are not permitted to use the Marks without the prior written consent of Deploy or such third party that may own the Marks. “Deploy”, “Deploy Dental”, the Deploy Family of logos are trademarks of Deploy, LLC.
IV. Links to Third Party Sites
The Site may include links that will take you to other sites outside of the Site (“Linked Sites”). The Linked Sites are provided by Deploy to you as a convenience and the inclusion of the links do not imply any endorsement by Deploy of any Linked Site. Deploy has no control of the Linked Sites and you therefore acknowledge and agree that Deploy is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site.
If Deploy suspects Click Fraud on your account from the partner sites, Deploy will submit this event to the pertinent partner site for investigation. If the partner site issues any refunds for such an event, the partner site will directly credit the customer back with the refund amount requested. Deploy will not be responsible for any refunds or credits to the customer if the partner site has not acknowledged click fraud and/or not issued the refund for the event”.
VI. Warranty Disclaimers
THE SITE IS PROVIDED BY DEPLOY “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DEPLOY MAKES NO WARRANTY THAT (i) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE QUALITY OF THE SITE OR SERVICES PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (iii) ANY ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED.
THIS SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. DEPLOY MAY MAKE CHANGES TO THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE MAY BE OUT OF DATE, AND DEPLOY MAKES NO COMMITMENT TO UPDATE THE SITE.
VII. Deploy’s Potential Liability is Limited
You agree not to hold Deploy, Deploy managers, members, contractors, advisors, investors or any other stakeholders liable for information, insight, claims, merchantability, offerings, or materials presented on this Site or through the Services. Furthermore you accept and acknowledge that Deploy is not liable for any disruptions in internet service, inadequate service or otherwise undesirable performance. If you are a customer who purchased any of the Services, you understand and acknowledge that business specifics may result in performance that is above or below customers who are similar to you. Deploy shall not be responsible for any services provided by a third party.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL DEPLOY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, EVEN IF DEPLOY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DEPLOY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO DEPLOY WITHIN THE 6 MONTHS PRIOR TO THE EVENT THAT INCURRED THE LIABILITY. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO DEPLOY FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM DEPLOY REGARDLESS OF THE CAUSE OF ACTION.
For Customers who are attorneys and who have agreed to allow Deploy, LLC to record certain phone calls to Customer in compliance with the Agreement separately entered into by Customer and Deploy, in which Customer agreed to purchase, and Deploy agreed to provide, certain advertising services (“Advertising Services”). Please be advised that the recording of calls made to your dental/medical office may, in some circumstances, invalidate or limit HIPAA compliancy for such recorded call. It is entirely Customer’s responsibility to investigate the effect of recording calls on doctor/patient privilege for the purposes of Customer’s medical history. Customer hereby waives and releases, now and forever, any and all claims it may have against Deploy arising out of or in connection with any invalidation or limitation of doctor/patient privilege resulting from Deploy’s recording of phone calls in providing the Advertising Services.
VIII. Choice of Law, Waiver and Claims
Any controversy or claim arising out of or relating to the Terms or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Sonoma County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Deploy may seek any interim or preliminary relief from a court of competent jurisdiction in Sonoma County, California, as necessary to protect the rights or property of you or Deploy.
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