Last Updated January 1, 2019
Please read these Terms carefully. By using Under Dog Services, you agree to adhere to and be bound by these Terms, as they may be modified from time to time at Under Dog’s sole discretion. If you do not agree to be legally bound by these terms, you are not permitted to use Under Dog Services.
Amendments:We reserve the right to amend the Terms at any time and will notify you of any such changes by making the revised Terms available through Under Dog Services. Unless otherwise specified, those changes shall be effective immediately. It is your obligation to review changes in these Terms, and you agree that your continued use of Under Dog Services after the posting of any revised Terms constitutes your agreement to be bound by the revised Terms.
YOUR ACCESS TO UNDER DOGSERVICES
Permitted Users:Currently, Under Dog Services are available for use only by individuals who are 18 years of age or older. You acknowledge and agree that you may not access, attempt to access, or use Under Dog Services if you are not at least 18 years of age.
Public Areas and the Subscription Service:Under Dog Services include (i) public areas that are generally accessible to the public and contain information about Under Dog and Under Dog Services (the “Public Areas“), (ii) a subscription service (the “Subscription Service“) that may only be accessed by registered users (the “Registered Users“) and (iii) any applications provided by Under Dog including, but not limited, to applications made available on iTunes and other third party distribution platforms.
Individuals who desire to become Registered Users in order to gain access to the Subscription Service will be required to enter their user email address (the “Email Address“) and password (the “Password“). Registered Users are solely responsible for all activity occurring through the use of their Password and for keeping their User ID and Password confidential. Registered Users are also responsible for all activity by others to whom such Registered Users have voluntarily disclosed their password. Registered Users shall notify us immediately upon becoming aware of any actual or suspected unauthorized use, unauthorized disclosure, or theft of any User ID or Password. You may not attempt to gain unauthorized access to the Subscription Service.
Permitted Use: Subject to the terms and conditions of these Terms, Under Dog grants you a non-exclusive, personal, non-transferable, non-sub licensable, limited and revocable right to access, use and display the Under Dog Services and the Content on any computer for your authorized educational use only (the “Permitted Uses“). You agree to use Under Dog Services and Content only for lawful purposes and for the Permitted Uses. No other use of Under Dog Services or the Content is authorized. You are prohibited from any use of Under Dog Services or Content that would constitute an illegal offense, give rise to liability or otherwise violate any applicable laws or regulations or these Terms. Except as otherwise authorized by these Terms or expressly stated on Under Dog Services, you may not publicly perform, distribute, publicly display, transmit, publish, participate in the sale or transfer of and/or modify the Content and/or create derivative works based on any Content, in whole or in part. No right, title, or interest in Content is transferred to you as a result of your use of Under Dog Services.
Additional Restrictions:The limited license granted to you pursuant to these Terms does not include any resale or commercial use of Under Dog Services or the Content; any derivative use of Under Dog Services or the Content. You may not reproduce, duplicate, copy, sell, resell, modify, reverse engineer, decompile, disassemble or create derivative works of or otherwise exploit for any commercial purpose Under Dog Services, the Content, or any portion of the foregoing, without Under Dog’s express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Under Dog and/or Under Dog affiliates or licensors without Under Dog’s express written consent. None of the Content or Under Dog Services may be retransmitted without Under Dog’s express written consent, nor may it be used on any other Web site or stored on any networked computer environment. You may not use any metatags or any other “hidden text” utilizing any of Under Dog’s names or trademarks without Under Dog’s expresses written consent. Any unauthorized use terminates the permission and/or license granted by us without the need for further action by us.
Trademarks:The marks UNDER DOG MEDIA, ORTHOED, COPESTHETIC, COPESTHETIC CE, JASON B. COPE, and other marks displayed via the Under Dog Services are the trademarks and service marks of Under Dog or its affiliates. Other company, product, and service names and logos used and displayed on or within the Under Dog Services may be trademarks or service marks owned by others. Nothing contained on or within the Under Dog Services should be construed as granting any license or right to use any of the Under Dog trademarks or other trademarks displayed on or within the Under Dog Services without the prior written permission in each instance of Under Dog and/or the owner(s) of such other trademarks. Without limiting the generality of the foregoing, we prohibit the use of any Under Dog trademarks as part of a link to or from any Web site unless such a link is approved in advance by us in writing. All goodwill generated from the use of the Under Dog trademarks on any Web site will inure to our benefit.
Copyright:All Content included within or made available through Under Dog Services, including, without limitation, software, editorial materials, photographs, text, graphics, logos, audio, button icons, and images are the property of Under Dog, its affiliates, content suppliers, or its licensors and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content included within or made available through Under Dog Services is the exclusive property of Under Dog or such third parties, as applicable, and protected by U.S. and international copyright laws. All software used in connection with the Under Dog Services is the property of Under Dog or its software suppliers and protected by U.S. and international copyright laws.
If you believe, in good faith, that Under Dog Services infringed your copyright, you should send a notice of claimed copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2) (a portion of the “Digital Millennium Copyright Act”), to Under Dog Media, LP at:
Under Dog Media, LP
7015 Snider Plaza, Suite 200
Dallas, Texas 75205
by email: [email protected]
You must include the following information in all notices of claimed copyright infringement:
* An electronic or physical signature of the personal authorized to act on behalf of the owner of the copyright alleged to have been infringed
* A description of the allegedly infringing work or material;
* A description of where the allegedly infringing material is located within Under Dog Services;
* Information reasonably sufficient to allow us to contact you;
* A statement by you that you have a good faith belief that the disputed use of the materials is not authorized by the proprietary right owner, its agent or the law; and
* A statement by you that the information provided in the notice of claimed copyright infringement is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf or the owner whose exclusive right is allegedly infringed.
Unsolicited Submissions:Any unsolicited communications that you make to Under Dog through Under Dog Services, including communications containing feedback, comments, ideas and concepts (collectively, “Unsolicited Communications“) will be considered non-confidential and non-proprietary. Under Dog and its affiliates are free to use and dispose of such Unsolicited Communications for any purpose and in any manner whatsoever. By submitting an Unsolicited Communication, you hereby grant Under Dog and its affiliates a perpetual, royalty-free, fully paid-up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Communications. By providing Unsolicited Communications you warrant and represent that you own or otherwise control all of the rights to your Unsolicited Communications. Please be aware that no compensation will be paid with respect to the use of any Unsolicited Communications by Under Dog or any of its affiliates.
Disclaimer:YOU ACKNOWLEDGE AND AGREE THAT UNDER DOG SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING ANY OF THE FOREGOING, NONE OF UNDER DOG, ITS AFFILIATES OR THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE ” UNDER DOG PARTIES“) WARRANT THAT UNDER DOG SERVICES WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT UNDER DOG SERVICES OR THE SERVER THAT MAKES SUCH SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF UNDER DOG SERVICES, THAT YOUR USE OF UNDER DOG SERVICES IS AT YOUR SOLE RISK AND THAT NONE OF THE PARTIES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF UNDER DOG SERVICES.
THIS INFORMATION PROVIDED THROUGH THE CONTENT AND UNDER DOG SERVICES IS PROVIDED FOR GENERAL MEDICAL/DENTAL EDUCATION PURPOSES ONLY AND IS NOT MEANT TO SUBSTITUTE FOR THE INDEPENDENT MEDICAL JUDGMENT OF A PHYSICIAN/DENTIST RELATIVE TO DIAGNOSTIC AND TREATMENT OPTIONS OF A SPECIFIC PATIENT’S MEDICAL/DENTAL CONDITION. IN NO EVENT WILL THE UNDER DOG PARTIES BE LIABLE FOR ANY DECISION MADE, TREATMENT PROVIDED AND/OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE CONTENT AND/OR UNDER DOG SERVICES.
THE OPINIONS, RECOMMENDATIONS AND PERSPECTIVES EXPRESSED VIA UNDER DOG SERVICES ARE THOSE OF AUTHORS ONLY AND DO NOT NECESSARILY REFLECT THE OPINIONS, IDEAS OR RECOMMENDATIONS OF THEIR AFFILIATED INSTITUTIONS, UNDER DOG, THE UNDER DOG PARTIES, UNDER DOG EDITORIAL BOARDS AND CONSULTANTS, AND/OR THE COMMERCIAL SUPPORTERS OF ANY OF THE FOREGOING. CLINICAL JUDGMENT MUST GUIDE EACH CLINICIAN IN WEIGHING THE BENEFIT OF ANY DIAGNOSTIC INTERVENTION OR TREATMENT APPROACH AGAINST THE RISK OF THE INTERVENTION OR TREATMENT. DOSAGE, INDICATIONS, AND METHODS OF USE FOR PRODUCTS REFERRED TO VIA UNDER DOG SERVICES ARE NOT NECESSARILY THE SAME AS INDICATED IN THE PACKAGE INSERT FOR THE PRODUCT AND MAY REFLECT THE CLINICAL EXPERIENCE OR EXPERTISE OF THE INDIVIDUAL AUTHOR. ANY DIAGNOSTIC PROCEDURES OR TREATMENTS SHOULD NOT BE UTILIZED BY CLINICIANS OR OTHER HEALTHCARE PROFESSIONALS WITHOUT EVALUATION OF THEIR PATIENTS’ CONDITIONS, AND OF POSSIBLE CONTRAINDICATIONS OR RISKS AND WITHOUT A REVIEW OF ANY APPLICABLE MANUFACTURER’S PRODUCT INFORMATION AND COMPARISON WITH THE RECOMMENDATIONS OF OTHER AUTHORITIES.
Limitation of Liability:YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF OUR SERVICES OR OUR CONTENT IS TO STOP USING UNDER DOG SERVICES AND/OR THE CONTENT. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL UNDER DOG AND OUR AFFILIATES AND PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE UNDER DOG SERVICES OR ANY OF THE CONTENT AND/OR WITH ANY DECISIONS MADE, TREATMENT PROVIDED AND/OR ACTIONS TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE CONTENT AND/OR UNDER DOG SERVICES, INCLUDING: LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, THE UNDER DOG PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OR WITH APPLICABLE FEDERAL, STATE, AND LOCAL LAWS.
THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY UNDER DOG OR UNDER DOG PARTY OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE STATES, LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
Indemnification:You agree to defend, indemnify, and hold Under Dog and Under Dog affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of Under Dog Services or Content.
Termination:You acknowledge and agree that Under Dog may suspend or terminate your access to and use of Under Dog Services at any time, with or without cause, at absolute discretion and without notice, including for any breach of these Terms. The relevant version of these Terms shall continue to apply to all prior use of Under Dog Services. The following paragraphs of these Terms shall survive termination of your use or access to Under Dog Services: paragraphs concerning indemnification, disclaimers, limitations of liability, termination and general provisions and any other provision that by its terms survives termination of your use of or access to Under Dog Services.
Links to Other Websites and Services:To the extent that Under Dog Services contain links to outside services and resources, the availability and content of which Under Dog does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Under Dog makes no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD PARTY SITES, AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.
Applicable Law:Under Dog Services are created and controlled by Under Dog, LP and/or its affiliates in the State of Texas, USA, without regard to its conflict of laws rules. As such, the laws of the State of Texas will govern these disclaimers, terms, and conditions, without giving effect to any principals of conflict of laws. All claims and disputes arising out of these Terms or Under Dog Services, other than action for specific performance or injunctive relief brought by Under Dog, shall be exclusively brought in the state courts located in Dallas, Texas, USA and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- Application of This Agreement. The terms of this Alternative Dispute Resolution (“ADR Agreement”) Agreement shall apply to any and all disputes between the parties (including any claims arising out of or relating to an agreement between the parties or any claim that this ADR Agreement or any of its parts, is invalid, illegal or otherwise voidable or void) EXCEPT for the following:
- Cases Less Than $25,000. The obligation to mediate or arbitrate will not apply to any dispute involving less than $25,000.00 including exemplary damages, but excluding attorneys’ fees and interest. (In any petition or complaint filed with any court, a party must stipulate that the maximum amount sought is $25,000.00, otherwise the terms of this ADR Agreement, including the requirement to arbitrate, apply).
- Equitable Relief.The obligation to mediate or arbitrate will not apply to any claim by either party seeking equitable relief, including requests for temporary restraining orders, preliminary injunctions, writs of attachment, appointment of a receiver, or any other orders which a court may issue when deemed necessary in its discretion to preserve the status quo or prevent irreparable injury, including the claim of either party for injunctive relief to preserve the status quo pending the completion of a mediation or arbitration proceeding. The party awarded interim or injunctive relief will not be required to post bond.
The term “party” includes the party and, as applicable, its officers, directors, agents, employees, heirs, assigns, or other representatives.
- Arbitration.Except disputes not subject to arbitration as set forth in Section 1above no party will bring a civil action in any court against the other. Any dispute between the parties that has not been resolved in by mediation will be resolved by submission to binding arbitration. The arbitration will be conducted under the authority of the Federal Arbitration Act.
- Appointment of an Arbitrator. The arbitration shall be conducted by a single impartial arbitrator appointed by agreement of the parties.
- Qualification of Arbitrator. To serve as an arbitrator, the arbitrator must be a member of the bar of the state of Texas, who has actively engaged in the practice of law for at least ten years.
- Agreed Arbitrator or AAA. In the event the parties have not agreed to an arbitrator within fifteen (15) calendar days of the Demand for Arbitration, then either party may request that an arbitrator be appointed by the office of the American Arbitration Association (“AAA”) in Dallas, Texas according to its rules and procedures for selecting a neutral arbitrator.
- Initiating Arbitration. Arbitration shall be commenced by a written Statement of Claim and Demand For Arbitration, describing in reasonable detail the dispute and the amount and nature of the relief sought given by the claimant (the “Claimant”) to the respondent (the “Respondent”). The Statement of Claim shall follow the format of a complaint filed in federal court – including a statement of facts and legal claims. Upon receiving the Statement of Claim, the Respondent shall provide Claimant a written response, within 15 days. The Statement of Claim shall follow the format provided for filing an answer in federal court – including admissions, denials, and any counterclaims. The Statement of Claim and Response shall be provided to the arbitrator.
- Arbitrator’s Fees. The arbitrator’s fees will be divided equally between the parties, unless otherwise determined by the arbitrator in the final award. Within 15 days of the Demand for Arbitration, each party shall place in escrow with the arbitrator (either the AAA or the arbitrator, if the parties have chosen a non-AAA arbitrator) the sum of $2,500 (the “Arbitration Fee”) as prepayment for the services provided by the arbitrator. The arbitrator shall be entitled to draw upon such funds for services provided and shall release the balance of such funds, if any, at the time of entering an arbitration award. The amount set out above as the Arbitration Fee is not a limit on the actual arbitrator’s fees. Failure of either party to provide such Arbitration Fee to the arbitrator in the period provided will result in a default arbitration award being taken against such party.
- Individual Claims Only. The arbitration will be limited solely to the dispute or controversy between the parties. Neither party shall be entitled to join or consolidate claims by or against other parties, or arbitrate any claim as a representative or class action or in a private attorney general capacity.
- Place of Hearings. All hearings and other proceedings will take place in Dallas County, Texas unless otherwise agreed by the parties.
General Provisions:Failure by Under Dog, to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right. In the event that any portion of these Terms is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect the original intent, the remaining portions remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions. These Terms constitutes the entire agreement between you and Under Dog, with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreement not specifically incorporated herein, provided, however, that if you register for and participate in any continuing education programs offered by Under Dog, additional terms and conditions may apply to such programs. Any claim under these Terms must be brought within one (1) year after the date upon which the cause of action arose.