WEBSITE TERMS OF USE
www.destinydentalcare.com is operated by D2 Dental of Hammond, P.C., D2 Dental of Lansing, P.C., D2 Dental of Illinois, P.C., D2 Dental of Michigan, P.C., D2 Dental of Ohio, Inc., and D2 Dental of Wisconsin, S.C., collectively referred to as “Destiny Dental”.
This website (“Destiny Dental Website,” “Destiny Dental,” or the “Website”) provides general information about Destiny Dental and its services free of charge to users in the United States. All uses of the Destiny Dental Website are subject to the following terms and conditions of use (these “Terms of Use”).
Please read these Terms of Use carefully before accessing or using any part of this Website. By accessing or using this Website, you agree that you have read, understand, and agree to be bound by these Terms of Use, as amended from time to time, as well as the Destiny Dental Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Website.
Destiny Dental may revise and update these Terms of Use at any time by posting the amended terms to this Website. Your continued use of the Destiny Dental Website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website.
Copyright Restrictions/Use of Content
The entire contents of this Website (including all information, software, text, displays, images, and audio) and the design, selection, and arrangement thereof, are owned and copyrighted by Destiny Dental or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets, and other proprietary rights. You are authorized only to use the content on the Destiny Dental Website for personal use. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, or distribute any of the material on this site without the prior written consent of Destiny Dental, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Destiny Dental Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with Destiny Dental or the applicable owner of such content. Except as expressly authorized by Destiny Dental in writing, you may not reproduce, sell, or exploit for any commercial purposes (a) any part of this Website, (b) access to this Website, or (c) use of this Website or of any services or materials available through this Website.
Trademarks
The term “Destiny Dental” and “D2 Dental” are trademarks, and the Destiny Dental logo and all related product and trade names, service marks, copyrights, designs, and slogans are Destiny Dental trademarks (collectively “Destiny Dental Marks”). Such marks remain the property of Destiny Dental. You recognize and acknowledge the ownership of these marks and understand that you do not acquire, through the use of this website, any right, title, or interest in the marks. You agree not to change, modify, and/or exploit the marks, nor participate in any activity that modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without express written authorization is strictly prohibited.
Medical Advice is NOT Provided on this Website
The information and content contained on the Destiny Dental Website is for informational purposes only and is never intended to be a substitute for or relied on for professional dental or medical advice, diagnosis, or treatment. If you think you may be experiencing a medical emergency, immediately call your doctor or 911. You should always seek the advice of your physician or other qualified healthcare provider concerning your health or any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking such advice because of information or opinions on the Destiny Dental Website. Destiny Dental does not recommend or endorse any specific tests, products, equipment, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by Destiny Dental, its employees and organized medical staff, others appearing on the Website at the invitation of Destiny Dental, or other visitors or contributors to the Website is solely at your own risk.
Prohibited Uses
Any use of this website for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use this website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation, or statute; and/or (v) activities that infringe upon any legally protected property right, etc. By using this site, you agree that we reserve the right to monitor transmissions and investigate any alleged prohibited use of this website and to disclose any and all information relating to such prohibited use. Destiny Dental, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual’s illegal or prohibited use of this website. Any violation of this or any other section contained herein may result in termination of service and/or any other action we determine to be appropriate under the circumstances.
Liability of Destiny Dental and its Licensors
Destiny Dental does not assume any liability for the materials, information, and opinions provided on, or available through, the Destiny Dental Website (the “Site Content”). Reliance on the Site Content is solely at your own risk. Destiny Dental disclaims any liability for injury or damages resulting from the use of any Site Content.
THE DESTINY DENTAL WEBSITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER DESTINY DENTAL NOR ANY PERSON ASSOCIATED WITH DESTINY DENTAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE DESTINY DENTAL WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER DESTINY DENTAL NOR ANYONE ASSOCIATED WITH DESTINY DENTAL WARRANTS OR REPRESENTS THAT THE DESTINY DENTAL WEBSITE, THE SITE CONTENT, OR THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE DESTINY DENTAL WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE DESTINY DENTAL WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. DESTINY DENTAL DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN NO EVENT WILL DESTINY DENTAL OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE DESTINY DENTAL WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE DESTINY DENTAL WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY DESTINY DENTAL AND WHETHER OR NOT DESTINY DENTAL HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Indemnification
You agree to indemnify and hold harmless Destiny Dental and its officers, trustees, directors, employees, agents, affiliates, third-party information providers, licensors, and others involved in the Destiny Dental Website or the delivery of products, services, or information over the Destiny Dental Website, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorney’s fees, arising from any violation by you of this Agreement or your use of the Destiny Dental Website or any products, services, or information obtained from this Website.
Privacy and Protection of Personal Information
Destiny Dental’s use of your personal information collected through this Website and your responsibilities in connection with protecting your privacy are described in our privacy policy and are incorporated by reference into these Terms of Use. Destiny Dental’s privacy obligations and your rights with regard to your health information received, maintained, or transmitted by Destiny Dental are protected as described in our HIPAA Notice of Privacy Practices.
Comments and Submissions
Destiny Dental welcomes your comments. All comments, suggestions, or other information sent by you to this Website are for internal use by Destiny Dental or its business partners and will become Destiny Dental’s property. You agree that all intellectual property rights are transferred to Destiny Dental. You understand that any postings to publicly available portions of the Destiny Dental Website are non-confidential for all purposes.
Third-Party Links to Other Sites
The Destiny Dental Website may contain links to other websites on the Internet. Destiny Dental is not responsible for and does not endorse the content, products, or services of any third-party websites, including, without limitation, sites framed within the Destiny Dental Website or third-party advertisements, and does not make any representations regarding their quality, content, or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
If you choose to correspond, participate in a promotion, or engage in transactions with any merchant linked to through this Website, you acknowledge and agree that Destiny Dental is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Destiny Dental will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of links to such merchants on this Website.
Compliance
Destiny Dental makes no representation that materials on this Website are appropriate or available for use in other locations. If you access this Website from other locations, you are responsible for complying with local laws.
Contacting Destiny Dental
Please contact the Web Coordinator at contact@destinydentalcare.com if you become aware of any content or other incident that you believe to be in violation of these Terms of Use.
Miscellaneous
These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the state of Illinois, USA, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Destiny Dental with respect to the Destiny Dental Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Destiny Dental Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Destiny Dental’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Destiny Dental Website shall be in the state or federal courts located in Chicago, Illinois, USA. You agree to submit to the jurisdiction of such courts.
If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.