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Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site! P&R Dental Strategies, LLC D/B/A Fluent ("Fluent") may revise and update these Terms and Conditions at any time. Your continued usage of the Fluent website ("Fluent site," or the "site,") will mean you accept those changes.

INDEX

  1. AGREEMENT TO TERMS AND CONDITIONS
  2. NATURE OF INFORMATION: NO MEDICAL OR DENTAL ADVICE GIVEN
  3. TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY AND USE OF CONTENT
  4. NO LICENSE TO USE
  5. PRIVACY POLICY
  6. SITE SECURITY
  7. LIMITATION OF LIABILITY OF FLUENT AND ITS LICENSORS
  8. ADVERTISEMENTS AND LINKS TO OTHER SITES
  9. GENERAL DISCLAIMER AND WARRANTIES
  10. GOVERNING LAW, ARBITRATION AND JURISDICTION
  11. TRANSMISSION OF INFORMATION
  12. COMPLETE AGREEMENT
  13. NOTICES, QUESTIONS AND COMMUNICATIONS

1. AGREEMENT TO TERMS AND CONDITIONS
These Terms and Conditions of Use (terms) apply to all Web sites (sites) owned, operated, licensed or controlled by P&R Dental Strategies, LLC D/B/A Fluent, a Delaware corporation. By accessing, visiting and/or using the sites, you, the user, (a) acknowledge that you have read and understood these terms, and (b) agree that you will be bound by these terms. If you do not agree to be bound by these terms, do not use this site. Fluent may change these terms at any time by posting the change to this site. Please check these terms periodically for changes.

2. NATURE OF INFORMATION: NO MEDICAL OR DENTAL ADVICE GIVEN
We have the right to post and alter information for educational purposes. All material on the Fluent site including text, graphics, FAQ's, listings, search engines and results, fee lookup tables, etc. are provided for educational purposes only. This includes all information and material provided or created by Fluent, its affiliates, licensors or partners. None of this material, including information in the Ask-A-Dentist service is intended to substitute for a physician's or dentist's consultation and is provided with the understanding that the staff of Fluent and/or any affiliated parties are not engaged in rendering dental or medical advice or services. Consult your own physician or dentist to determine the applicability of this material to your own symptoms or medical/dental condition. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

3. TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY AND USE OF CONTENT
Trademarks and Service Marks. "Fluent" is a trademark of Fluent. All other marks that appear throughout the sites belong to Fluent or to Fluent partners, affiliates and others and are protected by United States and international copyright and trademark laws. Any use of any marks appearing in the sites without the express written permission of Fluent or the respective owner of the mark is strictly prohibited.

Use of Content and Copyrights. Fluent authorizes you to view or download a single copy of the material on the Fluent site solely for your personal, noncommercial use if you include the following copyright notice: "© P&R Dental Strategies, LLC D/B/A Fluent 2023" and other copyright and proprietary rights notices which were contained in the content. Any special rules for the use of certain software and other items provided on the Fluent site may be included elsewhere within the site and are incorporated into these terms and conditions by reference.

With the exception of the use described above, you may not, without Fluent's prior written consent; (a) use the materials on any other Web site, in any advertising or publicity, or in any other way; (b) modify any of the materials for any purpose; or (c) copy, reproduce, republish, upload, post, transmit or distribute any of the materials in any way.

The content is protected by copyright under both United States and foreign laws. Title to the content remains with Fluent or its licensors. Any use of the content not expressly permitted by these terms and conditions is a breach of these terms and conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Fluent. All rights not expressly granted herein are reserved to Fluent and its licensors. If you violate any of these terms and conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of any portion of the content.

Intellectual Property Infringement Claims. Fluent will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, Fluent will act promptly to investigate the claim and take action accordingly. Send any notice of claimed copyright infringement to the address or telephone number below:

Copyright Agent
Fluent
300 American Metro Blvd., Suite 190
Hamilton, NJ 08619

email: [email protected]

Please include the word "copyright" in the subject line for all claims of intellectual property infringement.

4. NO LICENSE TO USE AND RESTRICTED RIGHTS
No License. Except as expressly provided otherwise in these terms, nothing in any site, including these terms, grants any license or right to use any materials without the prior written permission of the owner of the materials.

5. PRIVACY POLICY
It is Fluent's policy to respect the privacy of all visitors to our sites. We operate under the following set of privacy principles:

6. SITE SECURITY
You agree not to violate or attempt to violate the security of the sites, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.

7. LIMITATION OF LIABILITY OF FLUENT AND ITS LICENSORS
Under no circumstances, including without limitation, negligence, will Fluent be liable for any direct, indirect, special, incidental or consequential damages including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, arising out of the use or inability to use the sites or the material, even if Fluent or a Fluent affiliate has been advised of the possibility of such damages. If your use of the sites or the materials results in the need for service, repair or correction of equipment, software or data, you assume all cost related to that service, repair and correction. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. By using a site, you agree that Fluent's maximum aggregate liability to you for all claims arising from use of the sites or any materials is limited to $50.

Fluent is not liable for any personal injury, including death, caused by your use or misuse of the site, content, including any public or private areas. Any claims arising in connection with your use of the site, any content, including any public or private areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these terms and Conditions are exclusive and are limited to those expressly provided for in these terms and Conditions.

The use of the Fluent site and the content is at your own risk. When using the Fluent site, information will be transmitted over a medium which is beyond the control and jurisdiction of Fluent and its suppliers. Accordingly, Fluent assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Fluent site. The Fluent site and the content are provided on an "as is" basis.

Fluent, its licensors, and its suppliers, to the fullest exent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantiability, non-infringement of third parties rights, and fitness for a particular purpose. Specifically, Fluent, its licensors, and its suppliers make no representations or warranties about the following:

8. ADVERTISEMENTS, THIRD PARTY WEB SITES AND LINKS TO OTHER SITES
Fluent does not endorse the content on any third-party websites. Fluent is not responsible for the content of linked third-party sites, sites framed within the Fluent site, or third-party advertisements, and does not make any representations regarding their 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 sites. Fluent does not endorse any product advertised on the Fluent site. Fluent sells advertising space to dentists, vendors and other persons who provide goods and/or services ("Advertisers") and the sites may include links to Web sites owned and operated by others ("Third Party Web sites"). The directory listings, ads, and Third Party Web sites are generally created and owned by Advertisers or other parties and are the responsibility of those persons and not of Fluent. Consequently, Fluent cannot and does not represent or warrant the validity, correctness, accuracy, reliability or truthfulness of any ads, directory listings or Third Party Web sites. Although Fluent may periodically attempt to verify the accuracy of ads, directory listings and Third Party Web sites, neither Fluent nor any of the Fluent affiliates will be liable for any inaccuracies, inclusions, exclusions, omissions, typographical errors or other inaccuracies of any information included in the ads, the directory listings or the Third Party Web sites. Just as when you purchase a product or service from persons listed in your telephone directory, you should exercise appropriate discretion, good judgment and caution in relying on information in any directories and ads included in the sites and in any Third Party Web sites. You bear all risk associated with the information in the sites, including all ads, directory listings, and Third Party Web sites, and your use of any such information is subject in all respects to these terms. Fluent reserves the right to terminate any links to other sites without notice.

9. GENERAL DISCLAIMER AND WARRANTIES
Fluent is based in Hamilton, New Jersey, in the United States of America. Fluent makes no claims that the content is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Fluent site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: General Disclaimer and Warranties, Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

All information and other material, whether included in ohl.go2dental.com or in any other Fluent or affiliated site, is provided "AS IS" and without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, Fluent disclaims all warranties, express and implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, course of dealing and non-infringement. Fluent does not warrant that the functions contained in any site or in the materials will be uninterrupted or error free, that defects will be corrected or that the sites, any materials or any server(s) used by Fluent are free from viruses or other harmful components. Fluent does not make any representations regarding the use, validity, correctness, accuracy, reliability or truthfulness of the sites, any materials or any sites linked to or from any of the sites.

10. GOVERNING LAW, ARBITRATION & JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with Fluent, or in any way relating to your use of the Fluent site, resides in the courts of the State of Delaware and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Delaware in connection with any such dispute including any claim involving Fluent or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

Governing Law. These Terms and Conditions are governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. In no event will these terms or any claims, disputes or controversies in connection with these terms or the sites be governed by any international treaty or convention, including without limitation, the Convention for the International Sale of Goods.

Arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether statutory, common law or equitable and whether pre-existing, present or future) against Fluent, its agents, employees, affiliates, successors and assigns (collectively, the "Fluent Affiliates"), relating to these terms and/or the sites will be resolved by binding arbitration administered by an Arbitration Service, to be determined by Fluent, under its arbitration rules then in effect or if it is unavailable for any reason, by the American Arbitration Association under its Commercial Arbitration Rules. Any arbitration will be conducted before a single neutral arbitrator and will be limited solely to the dispute between you, the user, and Fluent. The arbitration will be conducted in New Jersey, at a facility to be named by Fluent, or by telephone or online. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

Jurisdiction. In the event any claim, dispute or controversy is not subject to binding arbitration as provided in the preceding section, you agree that the exclusive jurisdiction for such claim, dispute or controversy relating to the sites, including these terms, will be the state and federal courts located in the City of Trenton and County of Mercer, New Jersey, that you will not file any action or proceeding in any other jurisdiction; and that you waive any argument that City of Trenton and County of Mercer, New Jersey, is an inconvenient forum.

11. TRANSMISSION OF INFORMATION
Fluent will treat all messages, material, information or ideas (the "Transmission") you transmit to or post on any site, including without limitation on any Forum, by any means, as non-confidential and non-proprietary, and Fluent may use or disclose those Transmissions for any purpose, including without limitation developing, manufacturing and marketing goods and/or services. However, Fluent will handle all personal data provided to Fluent in the manner provided in Fluent's Privacy Policy.

By sending any Transmission to any site, you agree that (a) the Transmission does not (i) violate any law, regulation or third party right; (ii) contain any nudity, pornographic or other adult material; (iii) contain any obscenities or material that libels, slanders or defames any person, facility or product; (iv) invade the privacy of any person, infringe the proprietary rights of any person, constitute an unfair or improper trade practice or other wrongful business conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism; (v) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law; (b) you will not (i) use any site for any commercial purpose, including without limitation advertisements; (ii) solicit funds, goods or services; (iii) solicit other visitors to any site to join or become a member of any commercial online club, service or other organization; (iv) post chain letters or pyramid schemes; (v) post a link to any site that contains or does any of the prohibited actions described in subsection (a) above or this subsection (b); or (c) you will not impersonate another person.

By sending any Transmission to any site or to us, you automatically grant (or warrant that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed. In addition, you warrant that all "moral rights" in those Transmissions have been waived.

12. COMPLETE AGREEMENT
Except as expressly provided in a particular "legal notice" on the Fluent site, these Terms and Conditions constitute the entire agreement between you and Fluent with respect to the use of the Fluent site, and content. Your use of the Fluent site is also subject to the Fluent Privacy Policy. These terms apply to all uses of the site unless you and Fluent have signed a separate formal contract, in which case, that separate agreement will govern to the extent it conflicts with these terms.

13. NOTICES, QUESTIONS AND COMMUNICATIONS
If you wish to contact Fluent, please direct all inquiries (except for claims of copyright infringement) to [email protected] or telephone us at 609.783.9004. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 4 above.

Thank you for your cooperation. We hope you find the Fluent site helpful and convenient to use! Questions or comments regarding this website should be directed by electronic mail to [email protected] or via U.S. mail to:

Fluent
Attn: Web Manager
300 American Metro Blvd., Suite 190
Hamilton, NJ 08619

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