Terms & Conditions
Last Updated March 25, 2019
The Website Terms and Conditions (“Terms”, “Terms and Conditions”, or “Agreement”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as the “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Terms and Conditions.
This Website is not for use by minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, Beaverton Smile Center, LLC (the “Owner” or “Site Owner”) and/or its licensors own all rights to the intellectual property and material contained on this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website only. Reuse or republication of intellectual property owned by Beaverton Smile Center, LLC is strictly prohibited.
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Beaverton Smile Center, LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
In these Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant the Site Owner a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. The Owner reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
Links to Third Party Sites
Some links on this Website lead to websites not created or maintained by the Owner. The linked sites are not under the control of the Owner and the Owner is not responsible for the contents of any linked site or any link contained on a linked site.
This Website is provided “as is,” with all faults, and the Owner makes no express or implied representations or warranties of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consultation or advice to you.
Limitation of Liability
In no event shall [Sender.Company] , nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and the Owner, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby fully indemnify the Owner from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
The Owner is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
The Owner shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between the Owner and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
This Agreement is governed by State of Oregon law, without regard to its conflict of laws principles. Any action to enforce this Agreement must be brought in the courts of Multnomah County, State of Oregon. This choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to violation of intellectual property rights.
Cancellation of Orders
Request for cancellations and return of funds for purchases made on this Website must be made in writing and emailed to firstname.lastname@example.org. Cancellations received 15 or more days prior to the course start date are eligible for a refund of the course fee, minus a $500 administration fee. Cancellations received 14 days or less from the course start date are not eligible for refund. No-shows for the course are not eligible for a refund.