Introduction

Welcome to the website of Dr. Christina Brinda. By accessing and using this website, including any content, functionality, and services offered on or through https://www.brindadental.com (the “Website”), you acknowledge and agree to be bound by the following terms and conditions (the “Terms of Use”).

It is important that you read and understand our entire terms and conditions before signing up for our services. The entire terms and conditions can be found at the end of this document. To assist you with your review, below is a brief summary statement for each of the key sections of the terms and conditions. The summary provided below is merely a handy reference guide, and is not a substitute for reviewing the entire terms and conditions, which constitute the binding agreement. Any capitalized terms that appear, but are not defined in the introduction, have the meanings given to them elsewhere in the terms and conditions.

  1. These terms and the signed Proposal represent our agreement with you.
  2. We do not have long term commitments. Either party may request adjustments to or cancel the Services by providing reasonable notice during the prior month to when the adjustment will be effective. Cancellations occurring during the current billing cycle will be effective for the following month.  We aren’t responsible for delivery delays outside of our control.
  3. You are responsible for all content and images on your site including the site terms, conditions, and any privacy policy.
  4. You agree to pay us as outlined in the Proposal and any future services upon invoice.  We do not offer refunds on collected funds outside of your initial 14-day Guarantee.
  5. You own your website, domain, content and images. We own all software, processes and artifacts created or used to deliver your services.  If you request, you will receive a full HTML copy of your website with all associated images.

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Dr. Christina Brinda (“Company,” “we,” “us,” “our”). By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use

We reserve the right to update or modify these Terms of Use at any time without prior notice. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means you accept and agree to the changes.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Dr. Christina Brinda, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation.

Content and Services

The content on our Website is for general informational purposes only and is not intended to amount to advice on which you should rely. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website.

Limitation on Liability

    1. The Company shall not be liable for any direct or consequential costs or damages resulting from the delay or stoppage in delivery of the Services caused by a Force Majeure (as defined in Section 11 below) event or the Client’s failure to provide the Company with adequate delivery instructions or any other instructions relevant to the supply of the Services.
    2. The Company warrants that the Services will conform with their description using reasonable care and skill to conform in all material respects. Except for the above express limited warranty, the Company makes, and Client receives, no warranty or guaranty with respect to the services and/or the Client information, express, implied, statutory, or in any other provision of this agreement or communication with Client, and the Company specifically disclaims any implied warranty of merchantability or fitness for a particular purpose.
    3. The Company expressly disclaims any liability and Client agrees to hold Company harmless for any liability arising from information posted on the Client’s website, information stored on the Client’s website including, without limitation, any damage or destruction of Client information and/or the services, any unauthorized use by any third party of any Client information and any violation of any property rights of Client or any third party in the Client information. It shall be Client’s sole duty and liability to monitor the Client information to maintain its accuracy and completeness on its website and to promptly make all corrections, modifications, repairs and replacements which may be required in order to maintain the Client information on its website.
    4. Any claim by Client on account of breach of warranty shall be waived conclusively unless Client gives the Company written notice thereof within thirty (30) days of performance of the alleged defective Marketing Service by the Company. The Company shall not be responsible or liable to Client or to any third party for any lost profits, or incidental, consequential, indirect, special or contingent damages for any breach of warranty or other breach of the Company’s obligations hereunder, the Company’s liability and Client’s exclusive remedy being limited to the Company’s choice of: (i) reperformance of the Marketing Service in order to correct any such defect; (ii) the refund of the Fees for the defective Marketing Service, or (iii) the granting of a reasonable allowance on account of such defects. The Company shall be given a reasonable opportunity to investigate all claims and to inspect allegedly defective Services.
    5. Client agrees to and hereby does indemnify, defend and hold the Company, its directors, officers, employees, agents and computer and other consultants and advisors free and harmless from and against any and all loss, claim, damage, expense, penalty, demand, reparation, cost of defense, attorney’s fees or liability whatsoever (whether paid or credited under settlement, order, judgment or otherwise) arising out of or in any way caused by or connected with the Services furnished pursuant to this Agreement and/or the Client Information, excluding only any claim within the scope of the limited warranty and remedy herein above set forth in this Section.
    6. Should the above be limited or excluded by law of the Client’s domicile, the invalidity of such terms and conditions shall in no way invalidate any other conditions in this agreement. Client agrees to hold the Company harmless from any claims of infringement or defamation with regards to the names any other unique materials specified by Client for the Website. Client agrees not to modify the software or examine, copy, or reverse engineer the source code of the software in any way, or to allow any other person to do so.
    7.  Accessing these websites is at your own risk and Dr. Christina Brinda shall assume no liability for users use on any linked sites.

Your Representations, Warranties and Covenants.

    1. You represent and warrant that you have all necessary rights and authority to enter into the relationship with the Company contemplated by the Agreement. You represent, warrant and covenant that any content or materials that you provide to the Company do not and will not: (i) infringe on any third party’s copyright, patent, trademark, trade secret, moral right or other proprietary rights or right of publicity or privacy; (ii) violate any law, statute, ordinance or regulation, including, without limitation, laws and regulations governing export control, false or misleading advertising or unfair competition; (iii) be defamatory or libelous; (iv) be pornographic or obscene; or (v) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines. You further represent, warrant and covenant that the product or service that is being (or will be) promoted through any campaign is (i) lawful and (ii) not the subject of any ongoing investigation by any local, state or federal regulatory or quasi-regulatory authorities.

Miscellaneous

    1. Governing Law

      1. The Agreement will be governed and construed in accordance with the laws of the State of Colorado without giving effect to conflict laws principles.

    2. Electronic Communication and Notices

      1. When you use our sites and services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our sites and services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    3. Severability

      1. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.

    4. Assignment

      1. You may not assign the Agreement without the prior written consent of the Company. The parties’ rights and obligations will bind and inure to the benefit of their respective successors, heirs, executors and joint administrators and permitted assigns.

    5. Force Majeure

      1. Neither party shall have any liability for any failure or delay (other than with respect to payment obligations) resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or inventory shortage, unavailability of currency, transportation interruption of any kind, work slowdown or any other condition affecting production or delivery in any manner beyond the reasonable control of such party.