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Please read these Terms of Use carefully before you start to use this Website and any related sub-pages. These Terms of Use will, among other things:
By using the Website you agree to be bound and abide by these Terms of Use and consent to having your personal information collected and processed in accordance with our Privacy Policy, which can be found at https://kidsdentisteastcobb.com/. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND CHILDREN'S DENTISTRY OF EAST COBB CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST CHILDREN'S DENTISTRY OF EAST COBB TO BINDING, CONFIDENTIAL AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. THESE TERMS OF USE ALSO LIMIT YOUR ABILITY TO PARTICIPATE IN A MASS ARBITRATION.
These Terms of Use compose of:
These Terms of Use are entered into by and between you and CHILDREN'S DENTISTRY OF EAST COBB ("CHILDREN'S DENTISTRY OF EAST COBB," "we," "our," or "us") by your use of the Website. The following terms and conditions, together with any documents that they expressly incorporate by reference shall be referred to as the "Terms" and shall govern your access to and use of the CHILDREN'S DENTISTRY OF EAST COBB domain (https://www.kidsdentisteastcobb.com/ (the "Website")).
When we refer to "you" or "your," we mean the person who is visiting and using the Website. If you are accessing the Website on behalf of, or for the purposes of, another person, including a business or other organization, "you" or "your" also means that other person, including a business organization, if applicable.
Please note that the Website is not targeted at children or intended for use by individuals under the age of 18. If you are under the age of 18, you are not permitted to use the Website. If you use the Website, you affirm that you are at least 18 years old.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction and Arbitration sections will not apply to any disputes for which the parties have actual notice before the date the change is posted.
You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Please read this section carefully – it significantly affects your legal rights, including your right to file a lawsuit in court and participate in a class action. In consideration of and as condition of your use of CHILDREN'S DENTISTRY OF EAST COBB's sites, you and CHILDREN'S DENTISTRY OF EAST COBB (collectively, the "Parties") agree as follows:
You and CHILDREN'S DENTISTRY OF EAST COBB agree that most disputes that arise between us and that cannot be resolved informally shall be resolved through binding individual arbitration with limited exceptions as set forth below. Arbitration is less formal than a lawsuit in court, uses a single neutral arbitrator instead of a judge or jury, and discovery and appellate review is more limited. This section also includes a class action waiver and jury trial waiver. For the avoidance of doubt, this section survives termination of these Terms and your relationship with CHILDREN'S DENTISTRY OF EAST COBB.
It is CHILDREN'S DENTISTRY OF EAST COBB's goal that we meet your expectations; however, there may be instances when you have a problem or dispute that needs special attention. In those instances, CHILDREN'S DENTISTRY OF EAST COBB is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem, claim, or dispute that you may have with or against CHILDREN'S DENTISTRY OF EAST COBB (a "Dispute," as defined below), you acknowledge and agree that you will first give CHILDREN'S DENTISTRY OF EAST COBB an opportunity to informally resolve your Dispute as set forth below in this section.
"Dispute" shall be interpreted broadly and shall include any dispute, claim or controversy between you and CHILDREN'S DENTISTRY OF EAST COBB, its affiliates and subsidiaries arising out of or relating to these Terms, your access or use of this Website, your use of any products or services sold through this Website or your relationship with CHILDREN'S DENTISTRY OF EAST COBB whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
The Parties agree that Disputes will be arbitrated on an individual basis only. Neither of the Parties will: (i) assert or pursue in arbitration any Dispute on a class, collective or representative basis or in any other way other than on an individual basis; or (ii) join, opt into, serve as class representative in, participate in, remain as a class member in or receive any recovery from, any purported class, collective, or representative action. In no event will there be any form of class, collective, consolidated, or representative arbitration.
Before submitting a demand for arbitration, if either you or CHILDREN'S DENTISTRY OF EAST COBB has a Dispute with the other Party, that Party shall first provide the other Party with a written notice related to that Dispute ("Notice"). A Notice must include: (a) a detailed description of the Dispute; (b) the nature and basis of the claim(s); (c) the relief sought and a calculation for it; (d) information sufficient to identify any relevant transactions; and (e) the Party's mailing address, email address, and a phone number.
Both you and we agree that this informal dispute resolution process is mandatory and a condition precedent that must be satisfied before initiating arbitration. Any applicable limitations period will be tolled for 60 days from the time a fully compliant Notice is served on the other Party.
You and CHILDREN'S DENTISTRY OF EAST COBB agree that subject to the limited exceptions set forth in these Terms, the sole and exclusive forum for any and all Disputes shall be final and binding individual arbitration.
Notwithstanding the foregoing, either Party retains the right to have a Dispute heard in small claims court provided the Dispute falls within the jurisdictional limits of that court and otherwise qualifies for that court, seeks individualized relief, and so long as the action remains in that court.
You and CHILDREN'S DENTISTRY OF EAST COBB acknowledge that this section affects interstate commerce and that the Federal Arbitration Act ("FAA") and federal arbitration law apply.
Arbitration under these Terms shall be administered by the American Arbitration Association (the "AAA") in accordance with the then-current AAA Consumer Arbitration Rules, available at https://www.adr.org/Rules or by calling 1-800-778-7879.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING IN ARBITRATION OR IN LITIGATION.
The arbitration will be conducted before a sole neutral arbitrator. You may choose to have the arbitration conducted by phone, video hearing, or solely through written submissions, except that any Dispute seeking $25,000 or more shall have an in-person or video hearing unless the Parties agree otherwise. The Parties agree that the arbitration proceedings will be kept confidential.
If twenty-five (25) or more claimants submit Notices raising similar claims against CHILDREN'S DENTISTRY OF EAST COBB and are represented by the same or coordinated counsel ("Mass Arbitration"), additional staged procedures shall apply.
Stage One: Counsel for each side shall select 25 Disputes to proceed as individual arbitrations. After this initial set, counsel shall participate in a global mediation session.
Stage Two: If unresolved, counsel for each side shall select 50 Disputes to proceed. Upon completion of Stage Two mediation, remaining Disputes may proceed in a court of competent jurisdiction.
If we make any future changes to this arbitration agreement, you may reject any such change by sending your personally signed, written notice within 30 days of the change to CHILDREN'S DENTISTRY OF EAST COBB email address.
You and CHILDREN'S DENTISTRY OF EAST COBB each agree that any proceeding will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. To the fullest extent permitted by law, you and CHILDREN'S DENTISTRY OF EAST COBB waive the right to a jury trial.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use our Website:
Additionally, you agree not to:
The Website and materials contained therein may not be used for the development, training, testing, validation, improvement or deployment of any artificial intelligence tool.
The Website, including its content, features, and functionality ("CHILDREN'S DENTISTRY OF EAST COBB Content") are owned by CHILDREN'S DENTISTRY OF EAST COBB, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
CHILDREN'S DENTISTRY OF EAST COBB's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CHILDREN'S DENTISTRY OF EAST COBB or its affiliates or licensors. You must not use such marks without our prior written permission.
We have the right to:
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
All information we collect through the Website is subject to our Privacy Policy. This Website may contain links to other independent third-party sites ("Linked Sites"). Such Linked Sites are not under our control, and CHILDREN'S DENTISTRY OF EAST COBB is not responsible for and does not endorse the content of such Linked Sites.
We shall make reasonable efforts to keep the Website operational. However, certain technical difficulties, maintenance or testing, or updates may result in temporary interruptions. We reserve the right to modify or discontinue functions and features of the Website at any time.
You may link to our homepage provided you do so in a way that is fair and legal and does not damage our reputation, but you must not establish a link to suggest any form of association, approval, or endorsement on our part.
If you are having difficulty accessing our Website, please contact us using the contact information at the end of these Terms. We will work to provide our products and services to you through alternative means.
If you provide us your e-mail through the Website, you agree to receive marketing and promotional messages from us. You may opt-out by following the instructions in those messages.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PROVIDED BY LAW, CHILDREN'S DENTISTRY OF EAST COBB HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CHILDREN'S DENTISTRY OF EAST COBB, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
You agree to defend, indemnify, and hold harmless CHILDREN'S DENTISTRY OF EAST COBB, its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Website.
No waiver by CHILDREN'S DENTISTRY OF EAST COBB of any term or condition shall be deemed a further or continuing waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions continue in full force and effect.
CHILDREN'S DENTISTRY OF EAST COBB may assign these Terms in whole or in part. You may not assign the Terms to any third party.
The Terms constitute the sole and entire agreement between you and CHILDREN'S DENTISTRY OF EAST COBB regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
The Website is operated by:
CHILDREN'S DENTISTRY OF EAST COBB
1230 Johnson Ferry Road, Suite I-10, Marietta, Georgia 30068
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@kidsdentisteastcobb.com