LEGAL

T.P. Orthodontics has provided this website for the personal, educational and non-commercial use of consumers. By using this website, you acknowledge and accept the following Terms and Conditions. T.P. Orthodontics may revise and update these Terms and Conditions of use from time to time and users are responsible for becoming aware of such changes through the periodic review of these Terms and Conditions. Continued usage of this website after the posting of any changes to the following Terms and Conditions will be deemed acceptance of the changes on the part of the user.

I. Privacy

All of us at T.P. Orthodontics guard your personal information as zealously as we guard our own. When you visit a T.P. Orthodontics website, you can be assured that your confidential information will remain private and not be shared with anyone without your permission. The T.P. Orthodontics website does not collect personally identifiable information regarding the users of its website unless such information is voluntarily provided by the user. We will not disclose your individual identity or personally identifiable information without your prior consent except as required by law. The websites of T.P. Orthodontics do not contain or collect any personally identifying information, but will collect information regarding the usage patterns associated with the user's personal computer. Information tracked is primarily used to improve and update the site and to provide site-traffic data, and is only made available on an aggregate basis for the sole purpose of providing information to the creators of this website. Voluntarily disclosed personally identifiable information may be used to track purchase orders, shipping requests, and the processing of your online orders. This policy does not protect information you post to any online bulletin board, chat room, links to other websites or other public forum within our site. You should be aware that when you voluntarily disclose personal information (e-mail address, medical conditions, etc.) on bulletin boards or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other participants or parties.

II. Kids

If you are under the age of 18, please be sure to ask your parents for permission before you send any information about yourself to us or anyone else over the Internet.

III. Parents

We encourage you to be involved with your kids' online experiences so you can be aware of what they are doing. For certain purposes we may use anonymous, aggregated data about our users, as mentioned above. If children choose to use our website, information regarding their usage patterns may be included in this anonymous, aggregated data. T.P. Orthodontics does not intend to collect any personal identifiable data from children under the age of 18. Children should only submit personally identifiable data with the express permission of their parents or legal guardian.

IV. Copyright and Trademarks

This website and its entire contents, including any and all text, graphics, images, any and all software provided to facilitate the use of this website, and any and all trademarks, service marks, trade names or other proprietary materials appearing on the website ("Content") are, the sole and exclusive property of T.P. Orthodontics, Inc.

 T.P. Orthodontics authorizes you to view, download, and print the material provided for your personal, noncommercial use. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction or otherwise), resold or redistributed without prior written consent of T.P. Orthodontics. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.

© TP Orthodontics, Inc. 2005

V. Limitation of Liability

The material in the T.P. Orthodontics website is provided “as is” and without warranties of any kind either express or implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. T.P. Orthodontics does not represent or warrant that access to the service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the service. T.P. Orthodontics shall not be liable to you or any third parties for direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to inability to access the service, including for viruses alleged to have been obtained from the service, your use of or reliance upon the service or any of the information or materials available on the service, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.

You acknowledge that in connection with the websites of T.P. Orthodontics, information will be transmitted over networks, routers, servers, switches and other devices owned, maintained and / or serviced by third parties over which T.P. Orthodontics has no control. Accordingly, T.P. Orthodontics assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of a website by T.P. Orthodontics, Inc.

VI. Forum Use Policy / Guestbook

Information posted on forums, guestbooks, bulletin boards, or similar portions of the T.P. Orthodontics websites ("Forums") maybe supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties or any other user are those of the respective author(s) and not of T.P. Orthodontics, Inc.

You agree that you will not post any of the following material in any Guestbook which threatens or abuses others which is defamatory or libelous, or which is invasive of another's privacy; proprietary material of any third party; material which advocates illegal activity or discusses an intent to commit an illegal act; material for advertising or commercial solicitation; material which is vulgar, obscene, pornographic, or indecent; or material which does not pertain directly to the subject matter of the particular Forum.

T.P. Orthodontics reserves the right to monitor Guestbooks to determine compliance with these Terms and Conditions, as well the right to remove or refuse to post any posting, including any of the above postings upon discovery thereof. Notwithstanding these rights, users remain solely responsible for the content of their postings. You acknowledge and agree that neither T.P. Orthodontics nor any third party content provider will assume or have any liability for any action or inaction by T.P. Orthodontics or any third party content provider with respect to any posting on the Guestbooks. You will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that T.P. Orthodontics, in its sole discretion, deems offensive.

Further, you hereby grant to T.P. Orthodontics the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in Forums (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed.

VII. Links to Third Party Websites

The T.P. Orthodontics website may contain links to third party websites, either provided as a convenience to the user or as part of a third party advertisement. T.P. Orthodontics does not endorse the content of linked third-party websites nor any products or services that may be offered thereon and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to any terms and conditions of use for such websites.

VIII. Indemnification

You agree to defend, indemnify and hold T.P. Orthodontics, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content or any other portion or aspect of the website in a manner that violates or is alleged to violate these Terms and Conditions. T.P. Orthodontics shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

IX. Miscellaneous

The T.P. Orthodontics websites are intended solely for the use of persons within the United States, its territories and possessions. Persons accessing or making any use of this website from outside of the United States do so at their own risk. By using this website, you agree to be subject to the exclusive jurisdiction of courts in the state of Indiana and these Terms and Conditions shall be governed by the laws of the state of Indiana regardless of choice of law principles.

This website may be produced for personal, educational, non-commercial purposes only. T.P. Orthodontics makes no warranties or representations that the information contained in the website is in every respect accurate or complete, and is not responsible for any errors or omissions or for the results obtained from the use of such. The information available on this website is not intended as a substitute for or to be used in lieu of professional medical advice. Always consult your physician or other qualified health care provider for medical advice and treatment.

In some instances, the information available through this website represents the opinions and judgments of the respective information provider. While T.P. Orthodontics makes every effort to provide accurate and reliable information, we neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on this website by anyone other than an authorized T.P. Orthodontics employee spokespersons acting in their official capacities.