Last Updated : 04-07-2022
DO NOT USE THIS WEBSITE TO COMMUNICATE OR MANAGE MEDICAL EMERGENCIES. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY YOU SHOULD CALL 911 IMMEDIATELY OR SEEK OTHER APPROPRIATE MEDICAL ASSISTANCE.
The Practice is a 42 North Dental Care, PLLC practice and is owned and operated by dentists Dr. Samuel Shames, DMD. and Dr. Ronald Weissman, DMD. The Practice is supported by 42 North Dental, LLC, a dental support organization that provides non-clinical administrative and business support services to the practice. 42 North Dental, LLC does not own or operate the dental practice or employ dentists to provide dental services. Find more information about 42NorthDental, LLC and the dental practices it supports at 42northdental.com.
The Website is offered and available to users who are 18 years of age or older and reside in the United States. By using the Website, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Website.
NOT MEDICAL ADVICE; IMPORTANT DISCLAIMERS
The information on this Website, including texts, graphics, images or other material, is for informational purposes only and may not be appropriate or applicable for your individual circumstances. This Website does not provide medical, professional, or licensed advice and is not a substitute for consultation with a health care professional, professional medical advice, diagnosis or treatment. None of the information contained in this Website shall be construed as an indication of the Practice’s views, opinions or recommendation or endorsement thereof.
You should seek medical advice from a qualified health care professional for any questions. Do not use this website for medical diagnosis or treatment. None of the content on this Website shall be construed as a representation or warranty by the Practice that any particular device, procedure, brand, method, information, services, or treatment is safe, appropriate, or effective for you. To the extent that the Practice provides any explicit or implied recommendation of any particular product or service, such recommendation is only a general recommendation that is not specific to any particular person or illness.
Your reliance on any information on this Website is solely at your own risk. The Practice makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness or quality of any information on this Website. We reserve the right to withdraw or amend this Website, and material we provide on the Website, in our sole discretion without notice.
In consideration for your use of and access to the Website, and notwithstanding any other term herein, you agree that in no event will the Practice, its affiliated or related entities, its content providers or any other party involved in creating, producing or delivering this Website, or any site linked to or from this Website, be responsible or liable to you or any entity in any manner whatsoever (including, but not limited to, persons who may use or rely on such data or materials or to whom such data and materials are furnished) for any loss, damage (whether actual, consequential, incidental, or punitive), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information provided in this Website or arising from any decision made or action or non-action taken by you or any other person in reliance upon the information provided through the Website, even if you advise us of the possibility of any claims or damages.
Accessing the Website
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. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users. The Practice does not make any representations or guarantees regarding uptime or availability of the Website.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
You may need to provide certain registration details or other information to access the Website or some of the resources it offers. It is a condition of your use of the Website that all the information you provide on the Website is accurate, current, and complete. You are responsible for the security and confidentiality of any account credentials you are permitted to create or use in connection with the Website. You shall provide the Practice immediate notice if you discover the security or confidentiality of your account credentials has been compromised or your account credentials have been used in an unauthorized manner.
The Website may contain links or other connections to gain access to websites and social networks that are not under the control of or operated by the Practice, but rather are controlled and operated by third parties (collectively, “Third-Party Sites”). In general, any website that has a URL not containing our domain name is a Third-Party Site. You may be transferred to a Third-Party Site even though it appears that you are still in the Website.
In connection with the Website, you must not: (i) transmit or otherwise make available through or in connection with the Website, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; (ii) use any device, software or routine that interferes with the Website; (iii) use the Website in an unlawful or fraudulent manner; (iv) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (v) use any automatic device, process or means to access the Website for any purpose, including monitoring or copying content on the Website; and (vi) otherwise attempt to interfere with the proper working of the Website.
We reserve the right to terminate access to the Website at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Intellectual Property Ownership
You acknowledge that, as between you and the Practice, the Practice owns all right, title, and interest, including all intellectual property rights, in and to the Website and, with respect to third-party brands or products, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party products, trademarks, images, and related designs.
The Practice names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the Practice or its affiliates. All rights are reserved. You are not authorized to use any Practice name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of the Practice. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Website is the property of their respective owners.
The entire contents and design of the Website is protected by U.S. and international copyright law. All rights regarding the Website and materials contained on the Website is either owned by the Practice, are licensed to it, or are used with permission. The Practice and its licensors, vendors or other service providers retain and reserve all proprietary rights to the contents of the Website. Permission to reprint or electronically reproduce any document, stills, audio, video footage or any other materials in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s).
We may from time to time in our sole discretion develop and provide Website updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Prices and availability of services are subject to change without notice. The Practice strives for accuracy in all service-related information contained herein or referenced in the Website. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other service-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. The Practice reserves the right at any time and without notice to update service information and to correct or remove service-related errors, inaccuracies, or omissions.
We may make available via the Website the ability to pay for services or otherwise make payments in connection with an invoice from the Practice (collectively, “Transactions”).
In order to make a Transaction, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a Transaction and that you have all authority necessary to enter into the Transaction. By submitting such information, you grant the Practice the right to provide such information to third parties for the purposes of facilitating the Transaction. Verification of information may be required prior to the completion of any Transaction. In addition, you are responsible for any taxes applicable to your Transaction. You acknowledge and agree that the Practice is not responsible for how any third-party credit card or other payment method processor transmits, stores, uses or shares your information.
THE WEBSITE AND ALL INFORMATION PROVIDED VIA THE WEBSITE IS PROVIDED "AS IS" AND THE PRACTICE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE PRACTICE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE PRACTICE MAKES NO WARRANTY OF ANY KIND THAT THE WEBSITE, OR ANY RESULTS OF THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
Transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted via the Website. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for circumvention of any privacy settings or security measures contained in the Website.
Limitations of Liability
- You own or control all rights in and to the Customer Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any Customer Content you submit or contribute, and you, not the Practice, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. The Practice is not responsible or liable to any third party for the content or accuracy of any Customer Content shared or submitted by you or any other user of the Website.
The following content standards apply to any and all Customer Content and use of the Website. Customer Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Customer Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by the Practice or any other person or entity, if this is not the case.
- Contain any information about a person under 18 years of age, unless you are the parent or legal guardian of the minor who is the subject of the communication and the communication strictly relates to services to be provided by the Practice.
- Criticize the Practice, the Website, or the service of any of the Practice’s dentists or operational partners.
The Practice may, in its sole discretion, deny any use, posting, or sharing of Customer Content. The Practice may also change these standards at any time without notice.
Reporting Claims of Copyright Infringement
The Practice takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
42 North Dental
200 Fifth Ave, Floor 3
Waltham, MA 02451
c/o Marketing Director
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Counter Notification Procedures
If you believe that material you posted on the Website was removed, or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Governing Law and Waiver of Class Actions
YOU AGREE THAT THE PRACTICE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR ANY SIMILAR COLLECTIVE LEGAL ACTION. YOU WILL PURSUE ANY CLAIM OR DISPUTE REGARDING THE PRACTICE IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS ACTION OR COLLECTIVE ACTION.
ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.