Legal
Notices, Terms of Service, Privacy Statement, Disclaimers,
etc.
The Center for Headaches and Facial Pain and Headaches.com,
LLC
Nothing contained in this website
or e-mail communications is intended to provide medical
advice. Medical/dental decision making requires review
of a complete history and physical examination by a licensed
healthcare provider trained in the specific area in question.
You are encouraged to consult your own physician and/or
dentist, as appropriate.
As an inducement to
people and/or Companies to provide materials on the Internet
or other methods, by using this site, inquiring from us,
reading our materials, or purchasing products or services
from us, or from Vendors which you learn of as a result
of this website or related communications, you agree to
these terms and conditions. Please make sure you read this
section carefully and understand the terms and conditions
herein.
By use of any information and hyperlinks (collectively called
"Materials"), or purchase of any products or services (collectively
called "Products") communicated through this Internet Web
site, listserver, e-mail server, e-commerce processor, autoresponders,
domain name server (collectively called "Service"), or any
contacts or transactions offline, you hereby acknowledge,
and agree to the following:
Companies and our dealers, associates, agents and licensors
expressly do not make any warranties, including, without
limitation, warranties of fitness for a particular purpose,
as well as warranties of accuracy, completeness, currentness,
noninfringement, merchantability with respect to the Service,
the Materials, or the Products provided or offered here.
Neither we nor any of our dealers, associates, agents and
licensors shall be liable for any direct, indirect, incidental,
punitive, or consequential loss, damage or injury of any
kind whatsoever in connection with the Site, Products, or
Services, even if advised of the possibility of such damages.
In no case shall our liability, as well as the liability
of our dealers, associates, agents and licensors, if any,
arising out of any kind of legal claim (whether in contract,
tort or otherwise) in any way connected with the Site, the
Service, the Material, or the Products, exceed the total
dollar amount you paid us or our dealers, associates, agents
and licensors.
By using the Service you assume full responsibility for
the use of all Materials and Products. You assume full responsibility
for adherence to any and all applicable laws and regulations,
including federal, state and local, governing professional
licensing, advertising, business practices, and all other
aspects of doing business in the United States or any other
jurisdiction. Any Materials, Products, and offerings are
void where prohibited by law. We make no GUARANTEES.
All statement, stories, research findings, etc, are derived
from sources believed to be reliable. While all ordinary
due diligent attempts have been made to verify information
provided, in any publication of any nature Companies make
or offer, including books, manuals, cassettes, videos, letters,
websites, etc, neither Author, Publisher, nor Companies
assume any responsibility for errors, omissions, or contrary
interpretation of the subject matter herein. Any perceived
slights of specific persons, peoples, organizations, or
practices is unintentional.
Participant hereby releases Companies, and the Principals
from, and agrees and covenants that participant will not
sue same or take any action on account of any and all claims
or causes of action in connection with the Companies, Program,
and, in no event shall the Companies, Program or the Principals
or Speakers be liable for any punitive damages, incidental
or consequential damages whatsoever. Participant acknowledges
that the limitations of its remedies provided for herein
do not fail of their essential purpose and that it is not
unconscionable for the Companies, the Program and its Principals
to seek and obtain such limitations of its and their financial
exposure to the Participant.
Participant hereby agrees to and does indemnify Companies
and any Course, the Program and its Principals and holds
them, and each of them, harmless from and will defend them
against any and all claims, judgments, liabilities, expenses
and damages (including attorney's fees and costs) arising
out of or in connection with any breach by Participant of
its obligations, agreements of covenants hereunder, and,
any acts or omissions by Participant, its agents, representatives
and employees whatsoever. Any and all claims and actions
arising out of the Program, this document, or otherwise,
shall be exclusively arbitrated in Middlesex County, State
of New Jersey, in accordance with the then prevailing Rules
& Regulations of the American Arbitration Association,
which proceedings shall be final and binding, and strictly
confidential. Neither the existence of such proceedings
or the results thereof shall be disclosed to any third party,
unless expressly required by law.
No publication released by Companies is intended for use
as a source of medical, dental or legal advice. All information
may be subject to varying national, state, and/or local
laws or regulations. All users are advised to retain the
services of competent professionals for medical, dental
and legal advice.
The purchaser or reader of all publications devices and
services assumes responsibility for the use of said materials
and information, including adherence to all applicable laws
and regulations, federal, state, and local, governing professional
licensing, business practices, and all other aspects of
doing business in the United States or any other jurisdiction
in the world. No guarantees are made. We reserve the right
to make changes. You do not have to accept these terms.
You can reject any offer we or our vendors make and leave
the site, etc. The Companies assume no responsibility or
liability whatsoever on the behalf of any purchaser of these
materials.
Appropriate Use of Services
Companies provide certain Services, and make no effort to
edit, control, monitor or restrict the content of data other
than as necessary to provide such Services. You are responsible
for your own content.
You agree that you will not distribute, electronically transmit
or display any materials in connection with use of Companies'
Services which: violate any state, federal or foreign laws
or regulations; infringe on any intellectual property rights
(e.g., copyright, trademark, patent or other proprietary
rights) of any party; are defamatory, slanderous or trade
libelous; are threatening or harassing; are discriminatory
based on gender, race, age " this includeds NO pornography
of any kind; that promote hate; that violate any Companies'
policy posted on Companies' Site; or contain viruses or
other computer programming defects which result in damage
to any party.
Trademarks
All trademarks or registered trademarks are property of
their respective owners. Usage of other trademarks is only
for illustrative, educational, or entertainment purposes,
without intent to infringe. Any such trademark usage does
not constitute endorsement by Companies, or any of its dealers,
associates, affiliates, licensors.
Copyright
Unless where indicated otherwise, copyright for all materials
©Center for Headaches and Facial Pain, all rights reserved
worldwide. By submitting unsolicited Material through the
Service or to any email, you agree that such material enters
our copyright, unless indicated or agreed upon otherwise,
and can and may be used in Companies' educational and other
efforts.
No translation or reproduction, either electronically or
mechanically, is permitted without the express written permission
from Companies except in cases where proper credits have
been given. Any violation of our copyrights, patents or
trademarks will be quickly prosecuted to the fullest extent
of the law.
Privacy Statement
We respect your privacy. We do not share or rent our email
or mailing list information with others.
We disclaim responsibility for accidental or intentional
misuse of information by ourselves or any 3rd party. Also
we may disclose information when we are legally compelled
to do so or to protect site owner's rights.
If you supply us with your address you may receive periodic
mailings from us with information on new products and services.
If you do not wish to receive such mailings, please let
us know by responding to the remove link included with each
system e-mailing.
For each visit to our Web site, our Web server automatically
recognizes only the visitor's IP address, but not the e-mail
address, unless the visitor volunteers their e-mail address
to us by filling out a Web form.
We electronically collect the e-mail addresses of those
who post messages to our discussion forums, of those who
complete online web forms and of those who communicate with
us via e-mail.
We aggregate information on what pages and other resources
users access or visit, as well as user-specific information
on what pages users access or visit, and information volunteered
by the user, such as survey information, web form content
and/or site registrations.
The information we collect may be used to improve the content
of our Web site, to notify users about updates to our Web
site and by us to contact users for marketing purposes targeted
to users' specific needs.
If you do not want to receive e-mail from us in the future,
please let us know by responding to any system e-mailing
by clicking on the link at the bottom. This will remove
your e-mail address from our databases and Web site. This
also includes removal from e-zine mailings.
Changes in Legal
Terms of Use
These terms of use are subject to change at any time, without
notice. All changes to these Terms of Use are published
here; we encourage you to check back often for the latest
version of this page. We reserve the right to make changes.
All changes are retroactive to include all previous encounters
and transactions.
General Provisions
Product prices and availability: The price or fee charged
for every product or service sold by the Companies will
be determined by Companies according to pricing policies.
In case of any price discrepancies, the price charged to
the customer will always be the price listed on webpage,
where a price is listed. Product and service availability
can change, and Company will present the best information
available to all sponsoring sites and its clients regarding
availability of products and services.
Website service interruption: Companies will make every
effort to keep their website(s) operational. However, certain
technical difficulties may, from time to time, result in
temporary service interruptions. Customer, Client, Prospect,
Surfer, Participant agrees not to hold Companies liable
for any of the consequences of such interruptions.
Miscellaneous: Companies, in addition to their own businesses,
does all business for and on behalf of themselves. From
time to time Companies and individuals or other companies
enter into agreements. Parties hereby agree that said individuals
and companies are independent contractors and nothing in
this agreement is intended to or will create any form of
partnership, joint venture, agency, franchise, sales representative
or employment relationship between the parties. Participant
shall not assign this Agreement, by operation of law or
otherwise, without the prior written consent of Companies.
Subject to the foregoing restriction, this agreement is
binding upon, and is for to the benefit of and is enforceable
by the parties and their respective successors and assigns.
Titles are used here as guidelines, and have no legal significance,
and cannot be cited as evidences.
Construction and Interpretation. This agreement shall be
governed and construed by the laws of the State of New Jersey.
The situs for all actions is South Amboy, NJ. All provisions
of this Agreement are intended to be interpreted and construed
in a manner to make such provisions valid, legal and enforceable
in a court of law. If, for any reason, a provision is declared
illegal or unenforceable, the remainder of this Agreement
shall not be affected thereby and shall be interpreted so
as to give full effect to the intent of this Agreement.
The provisions of this Agreement shall be enforceable notwithstanding
the existence of any claim or cause of action of Companies
against Individual/company or against Individual/company,
whether predicated on this Agreement or otherwise.
Assignment. Company may assign its rights under this Agreement
and this Agreement shall inure to the benefit of the successors
and assigns of Company, and shall be binding upon Affiliate
Partner, its heirs, executors, administrators, guardians,
and permitted successors and assigns. Affiliate Partner
may not assign its rights or obligations under this Agreement
without the advance written consent of Company, which consent
may be withheld or conditioned by Company in its sole discretion.
ENTIRE AGREEMENT AND AMENDMENT. THIS AGREEMENT REPRESENTS
THE ENTIRE UNDERSTANDING OF THE PARTIES WITH RESPECT TO
THE SPECIFIC MATTER OF THIS AGREEMENT AND SUPERSEDES ALL
PREVIOUS UNDERSTANDINGS, WRITTEN OR ORAL, BETWEEN THE PARTIES
WITH RESPECT TO THE SUBJECT MATTER. HEADINGS ARE FOR CONVENIENCE
ONLY, AND NOT FOR INTERPRETATION OF AGREEMENT. FAILURE BY
COMPANY OR ASSOCIATES TO INSIST UPON THE OTHER PARTY'S COMPLIANCE
WITH ANY PROVISION IN THIS AGREEMENT SHALL NOT BE DEEMED
A WAIVER OF SUCH PROVISION.
YOU ACKNOWLEDGE THAT YOU ARE FULLY COMPETENT TO CONTRACT
IN YOUR OWN NAME, HAVE READ THIS AGREEMENT, HAVE HAD AN
OPPORTUNITY TO CONSULT WITH YOUR OWN LEGAL ADVISORS IF YOU
SO DESIRE, AND AGREE TO ALL THE TERMS AND CONDITIONS SET
FORTH HEREIN. YOU AGREE THAT, IN INTERPRETING THIS AGREEMENT,
NO WEIGHT SHALL BE PLACED UPON THE FACT THAT THIS AGREEMENT
HAS BEEN DRAFTED BY US, AND YOU SHALL NOT ASSERT THAT THIS
AGREEMENT IS UNENFORCEABLE OR INVALID ON THE GROUNDS THAT
IT IS A CONTRACT OF ADHESION, THAT IT IS UNCONSCIONABLE
OR ANY SIMILAR THEORY. YOU HAVE INDEPENDENTLY EVALUATED
THE DESIRABILITY OF RESPONDING TO ANY OFFER, PURCHASING
ANY PRODUCT, PARTICIPATING IN ANY PROGRAM, AND VISITING
ANY WEBSITE, AND ARE NOT RELYING ON ANY REPRESENTATION,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
NOTHING CONTAINED IN THIS WEBSITE OR E-MAIL COMMUNICATIONS
IS INTENDED TO PROVIDE MEDICAL ADVICE. MEDICAL/DENTAL DECISION
MAKING REQUIRES REVIEW OF A COMPLETE HISTORY AND PHYSICAL
EXAMINATION BY A LICENSED HEALTHCARE PROVIDER TRAINED IN
THE SPECIFIC AREA IN QUESTION. YOU ARE ENCOURAGED TO CONSULT
YOUR OWN PHYSICIAN AND/OR DENTIST, AS APPROPRIATE.
PURSUANT TO N.J.A.C. 13:30-6.2
(e) THE NJ STATE BOARD OF DENTISTRY HAS RULED THAT: "ALL
ADVERTISEMENTS SHALL CONTAIN THE LICENSEE'S NAME AND THE
PHRASE GENERAL DENTIST, OR, IF THE LICENSEE HOLDS A SPECIALTY
PERMIT PURSUANT TO N.J.A.C. 13:60-6.2, THE PHRASE "NJ
SPECIALTY PERMIT NO. ___________" AND THE SPECIALTY FOR
WHICH THE PERMIT IS GRANTED." IN COMPLIANCE WITH THIS
REGULATION: IRA KLEMONS, D.D.S., PH.D., GENERAL DENTIST.
PURSUANT TO N.J.A.C. 13:30-6.2
(I) THE NJ STATE BOARD OF DENTISTRY HAS RULED THAT: "IF
A LICENSEE ADVERTISES THAT HE OR SHE HAS OBTAINED A MASTER,
MEMBER, FELLOW OR DIPLOMATE STATUS IN ANY DENTAL ORGANIZATION,
THE ADVERTISEMENT SHALL DISCLOSE THE LICENSEE'S STATUS AS
EITHER A GENERAL DENTIST OR AS THE HOLDER OF A SPECIALTY
PERMIT PURSUANT TO N.J.A.C. 13:30-6.2, THE NAME OF THE DENTAL
ORGANIZATION, AND IF THE ADVERTISEMENT CONCERNS AN AREA
OF PRACTICE NOT RECOGNIZED AS A SPECIALTY PURSUANT TO N.J.A.C.
13:30-6.2 (C), THAT THE SERVICES PROVIDED ARE NOT A RECOGNIZED
DENTAL SPECIALTY." IN COMPLIANCE WITH THIS REGULATION: LICENSEE
STATUS - GENERAL DENTIST, THE DENTAL ORGANIZATIONS LISTED
ON THIS WEBSITE - "THE SERVICES PROVIDED ARE NOT A RECOGNIZED
DENTAL SPECIALTY."
THE ETHICAL REQUIREMENTS
OF THE AMERICAN DENTAL ASSOCIATION INCLUDE THE FOLLOWING
PURSUANT TO 5.I.2 FELLOWSHIPS. "GENERAL
DENTISTS MAY ANNOUNCE FELLOWSHIPS OR OTHER CREDENTIALS EARNED
IN THE AREA OF GENERAL DENTISTRY SO LONG AS THEY AVOID ANY
COMMUNICATIONS THAT EXPRESS OR IMPLY SPECIALIZATION AND
THE ANNOUNCEMENT INCLUDES THE DISCLAIMER THAT THE DENTIST
IS A GENERAL DENTIST. THE USE OF ABBREVIATIONS TO DESIGNATE
CREDENTIALS SHALL BE AVOIDED. SUCH USE WOULD LEAD
THE REASONABLE PERSON TO BELIEVE THAT THE DESIGNATION REPRESENTS
AN ACADEMIC DEGREE WHEN SUCH IS NOT THE CASE." IN
COMPLIANCE WITH THESE REQUIREMENTS: NOTHING CONTAINED HEREIN
EXPRESSES OR IMPLIES SPECIALIZATION AND THE DENTIST IS A
GENERAL DENTIST.
CENTER
