Terms of Use

People of Color in Dental (“PoC in Dental”, “we,” “us,” or “our”) oversees this website, https://www.pocindental.org/ (“Site”) and related services (collectively, our “Services”). These Terms of Use (“Terms”) are applicable to you (“user(s),” “you,” or “your”) and govern your access to and use of the Services, as well as any information, text, graphics, photos, or other material uploaded, downloaded or appearing on the Services. The Terms contained herein apply to all users of this Site and our Services.

 

Read these Terms carefully before you begin using this Site. BY CLICKING “I AGREE” OR BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, ITS SERVICES, AND THE CONTENT AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS.

PoC in Dental makes no representation or warranty of any kind that use of this Site outside of the United States is lawful or permissible. Those who access this Site from other jurisdictions are responsible for their compliance with local laws pertaining to the use of this Site.

The Services are not intended for use by minors. By using the Services, you represent and warrant that you are eighteen (18) years of age or older.

1. Access to and Use of the Site and the Services

You may access and use the Site for personal, non-commercial purposes only, consistent with these Terms. Access to certain portions of the Site is restricted to registered users. To use our Services, register an account and/or make a purchase through our Site, you may be required to provide certain information, including, but not limited to, your name, telephone number(s), and e-mail as well as other personally identifiable information (“Personal Information”). By providing such information, you acknowledge and agree that we may, and you specifically authorize us or permitted third parties, to process all requests and transactions related to the Site and its operation, including without limitation purchases and/or registration. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your account/profile.

a. Registration and Security. You agree, represent, warrant, and guarantee that all Personal Information provided by you, either through our Site or when speaking to a PoC in Dental representative over the phone, is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when providing information. When you create an account and subsequently log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the Services or Site through your account without your consent or your account has been accessed without your permission). We also recommend that you do not store your password through your web browser or other software. We strongly recommend that you do not use the Services or access the Site on any public computer.

b. Limitations on Use. The Site may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Site and its content. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site:

1) in any manner transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);

2) in any manner transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);

3) in any manner transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;

4) copy, reproduce, republish, upload, post, transmit, or distribute the Services, the Site, or any content thereof;

5) share or sell information derived from or related to the Services, the Site, or any content thereof;

6) modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute, or display, or create derivative works, compilations, or collective works based on the Services, the Site, or any content thereof;

7) knowingly or negligently permit other individuals or entities to use or copy the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device;

8) circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any content;

9) use the Services to collect or store Personal Information about other users;

10) use the Services in any manner that violates applicable local, state, national, and foreign laws, treaties, and regulations, including, without limitation, all local ordinances applicable to your use of the Services;

11) knowingly include or use any false or inaccurate information in any customer account;

12) in any way transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other user to the Site;

13) attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Site;

14) attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;

15) transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;

16) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Site;

17) use the Site in any way that competes with us; or

18) encourage, collaborate, or instruct any other person or entity to do any of the foregoing.

ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICES OR SITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COSTS) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.

We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Site. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment. NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THE SITE OR TO RETAIN THE CONTENT ON THE SITE UNLESS OTHERWISE AGREED OR REQUIRED BY LAW.​

3. Disclaimer of Warranties

THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY KIND OF, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WARRANTIES OF ANY KIND. POC IN DENTAL, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE OR INFORMATION FOUND ON THE SITE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE SITE AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, UNINTERRUPTED, SECURE, ERROR-FREE, VIRUS FREE, OR FREE FROM HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES WITH REGARD TO ANY OF THE SERVICES OR ACTIVITIES POC IN DENTAL MAY UNDERTAKE PURSUANT TO THE TERMS. NO ORAL OR WRITTEN ADVICE, INFORMATION, OR STATEMENT PROVIDED BY POC IN DENTAL OR ITS REPRESENTATIVES SHALL NOT CREATE ANY WARRANTY OR IN ANY WAY INCREASE TH SCOPE OF THIS DISCLAIMER. YOU ASSUME ANY AND ALL RISK ASSOCIATED WITH, ARISING OUT OF OR FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SITE OR (ANY OTHER PERSON OR ENTITY’S USE OF THE SITE THROUGH YOUR ACCOUNT), THE SITE’S SERVICES OR THE CONTENT ON THE SITE. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT US TO DISCLAIM WARRANTIES IN THESE WAYS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

4. Your Security

You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any third-party website linked to it.

Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.

5. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE POC IN DENTAL, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ANY AND ALL LIABILITY AND CLAIMS ASSOCIATED WITH YOUR ACCESS OR USE (OR INABILITY TO ACCESS OR USE) OF THE SITE AND THE SERVICES.

You acknowledge that you are responsible for any actions you take while on the Site, including, but not limited to, any websites linked to the Site and any content on the Site. You further recognize and agree that your use of the Site and the Services and any subsequent actions arising from or related to your use of the Site and the Services are taken solely at your own risk.

IN NO EVENT SHALL POC IN DENTAL, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR OR RELATED TO PERSONAL INJURY, PROPERTY (REAL OR PERSONAL), PAIN AND SUFFERING, EMOTIONAL DISTRESS, CLINICAL OUTCOMES, BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, SYSTEM FAILURE, COMPUTER MALFUNCTION, REGARDLESS OF THE THEORY OF LIABILITY—TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE LIABILITY FOR ANY CLAIM BROUGHT BY ANY USER OR ON BEHALF OF A USER SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES BUT SHALL BE LIMITED TO THE LESSER OF EITHER TWO HUNDRED FIFTY U.S. DOLLARS ($250.00) OR THE TOTAL OF SITE USER FEES ACCRUED UNDER THE TERMS FOR THE PRIOR SIX (6) MONTH PERIOD. NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.

6. Indemnification

YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS POC IN DENTAL, our licensors and affiliates, and our and their respective directors, officers, employees, contractors, agents, and representatives, from, against, and in respect of any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) against PoC in Dental arising out of, in connection with, related to, or resulting from:

1) your access to or use (or inability to access or use) of the Site, including but not limited to its Services and its content;

2) your Breach, NONCOMPLIANCE, or violation of any of the provisions of these Terms;

3) any activity related to your account by you or any other person or entity accessing the services through your account, including without limitation, negligent or wrongful conduct;

4) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.

5) claims related to or damage of any property or third-party property arising out of, related to, in connection with, or resulting from your access to or use (or in ability to access or use) of the site, including, without limitation, to its services and its content or any activity related to your account by you or any other person or entity accessing the services through your account.

For purposes of clarity, these indemnification obligations apply to your use of the Site, along with your use of the Site’s content and Services (including any person or entity accessing the site services through your account), other than as expressly authorized in these Terms, and your use of any information obtained from the Site or any information you provide to the Site.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

1. Our Compliance with COPPA

THE SITE IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE. You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing our Privacy Policy here. Moreover, if you are under eighteen (18) years of age, you should not provide any personally identifiable information on our Site without the knowledge and permission of your parent or guardian.

2. Strict Compliance

The failure of PoC in Dental at any time or times to demand strict performance by any user of any of the terms, covenants, or conditions set forth herein shall not be construed as a continuing waiver or relinquishment thereof. Time is of the essence. PoC in Dental may, at any time, demand strict and complete performance by any user of the terms provisions, covenants, and conditions of this Terms of Use. A waiver shall only be effective if set forth in writing and signed by PoC in Dental.

3. Governing Law and Venue

This Terms of Use shall be construed in accordance with, governed by, and enforced under the laws of the United States and the State of New York (without regard to rules governing conflict of laws). The Parties agree that this choice of law provision is reasonable and enforceable. You agree that venue for any and all actions, relating in any manner to this Terms of Use, shall be in New York County, New York. Each party to these Terms waives any objection based on forum non conveniens and waives any objection to venue of any action.

4. Notice and Informal Dispute Resolution Requirement

You agree and acknowledge in accordance with the provisions outlined in the Limitation of Liability section, above, that you are responsible for your use of the Site and Services, and that PoC in Dental will have no liability for your use thereof. Your actions related to your use of the Site and Services are taken solely at your own risk.

You further agree and acknowledge that before initiating any arbitration proceeding with PoC in Dental, you must first provide PoC in Dental with a written notice describing the nature of the dispute and the relief requested (“Dispute Notice”). The Dispute Notice must be sent via certified mail or email to PoC in Dental (See “Contact Us” section, below). Upon receipt of a Dispute Notice, the parties agree to engage in good faith efforts to resolve the matter informally for a period of sixty (60) days. No arbitration may be initiated by you until this informal resolution period has expired. Failure to comply with the pre-arbitration notice requirement shall be grounds for dismissal of any arbitration or legal claim. If the parties are unable to resolve the dispute within the 60-day period, you may commence arbitration in accordance with the arbitration provision set forth in this Terms of Use.

5. Arbitration

Any dispute, controversy, or claim against arising out of or relating to this Term of Use, shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, and governed by the Federal Arbitration Act (“FAA”) and not by any state arbitration law.

The parties expressly waive any right to a jury trial or to participate in a class action or representative proceeding. All disputes shall be resolved on an individual basis, and neither party shall bring any claim as a class member or class representative in any purported class, collective, or representative proceeding. The arbitrator shall have exclusive authority to resolve all disputes, including disputes regarding the interpretation, applicability, enforceability, or formation of this arbitration provision. The arbitrator may grant all remedies available under applicable law (subject to the limitation of these Terms), including damages, injunctive relief, and attorneys’ fees. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. If any portion of this arbitration provision is found to be unenforceable, the remainder shall remain in full force and effect.

6. Severability and Waiver

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PoC in Dental in writing.

7. Relationship

No joint venture, partnership, employment, or agency relationship exists between you and PoC in Dental as a result of these Terms or use of the Services.

8. Force Majeure

No party to these Terms will be liable to the other party for any failure to perform any of its obligations, except payment obligations, under the Terms during any period in which such performance is delayed by circumstances beyond its reasonable control, including, but not limited to, fire, flood, war, embargo, strike, riot, unavailability of the Internet, or the intervention of any governmental authority.

9. Changes to the Terms of Use

We will make changes to these Terms from time to time. The date that these Terms were last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit our Site and these Terms to check for any changes. Your continued use of the Site and Services will constitute acceptance of, and agreement to, the revised Terms.

10. Entire Agreement

These Terms, together with the Privacy Policy, constitutes the entire agreement between you and PoC in Dental and supersede any and all prior or contemporaneous negotiations, discussions, representations, warranties, understandings, or agreements, whether written or oral, between you and PoC in Dental regarding such subject matter. No amendment or modification of these Terms by you shall be binding unless in writing and signed by an authorized representative of PoC in Dental. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS AS THEY MAY BE AMENDED FROM TIME TO TIME.

11. Contact Us

To ask questions or comment about these Terms, you may contact us at:

E-mail Address:                hello@pocindental.org

Mailing Address:              PoC in Dental

                                          52 Beech St, Hillsdale

                                          New Jersey 07642