Terms of Use

BOW FAMILY DENTISTRY TERMS OF USE

Last Revised: July 29, 2024

Welcome to the bowfamilydentistry.com website (the “Site”), which is owned and operated by Sarah K. Katz, DMD PLLC, trade name Bow Family Dentistry (“Bow Family Dentistry”, the “Practice” “we”, “us”, or “our”). These Terms of Use (“Terms”) set forth the mutual agreement between Bow Family Dentistry and you (“you,” or “your,”) as to your rights and responsibilities when you access or use the Site. 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.

1. ACCEPTANCE; SCOPE 

By accessing or using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms. You are also agreeing to comply with our Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference. If you do not agree to these Terms, or any of the terms and conditions in the Privacy Policy, you should not access or use the Site in any way and should immediately exit the Site. 

If you are under the age of 18, please do not use the Site without the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Site, or by supervising someone using the Site, you represent that you are at least 18 years old and have the full power and authority to enter into these Terms. If you do not qualify, you are not permitted to use the Site.

Bow Family Dentistry may amend, update or modify these Terms at any time, by posting amended Terms on the Site. If you do not consent to these Terms, as amended, you should not access or use the Site in any way and should immediately exit the Site. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Terms.

The Site may contain links to third-party websites not owned by Bow Family Dentistry. Bow Family Dentistry has no control over, and assumes no responsibility for, the availability, content, practices or policies (including privacy policies) of any such third parties. By using the Site, you expressly release Bow Family Dentistry from any and all liability arising from your use of any third-party website. 

• NOT MEDICAL ADVICE; NO PRACTICE OF DENTISTRY; IMPORTANT DISCLAIMERS

If you think you may have a medical emergency, call 911 or go to the nearest emergency room immediately. 

The Site does not provide medical advice or professional services and is not a substitute for professional medical diagnosis or treatment. The information, including but not limited to, text, graphics, images, videos, blogs, and other material contained on the Site are for informational purposes only, and are not intended to be, and must not be taken to be, the practice of dentistry or other healthcare services by Bow Family Dentistry. Use of the Site does not create a provider/patient relationship with Bow Family Dentistry. Always seek the advice of a qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on the Site. 

None of the content on the Site shall be construed as a representation or warranty by Bow Family Dentistry 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. Neither the Practice nor its employees, nor any contributor to this web site, makes any representations, express or implied, with respect to the information provided herein or to its use. 

• LIMITED LICENSE; RESTRICTIONS 

BOW FAMILY DENTISTRY GRANTS YOU A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE TO ACCESS AND MAKE PERSONAL USE OF THE SITE AND ITS SERVICES AND CONTENT, PURSUANT TO THESE TERMS. You may only use the Site in connection with your business with Bow Family Dentistry and may not use the Site for any other purpose. For avoidance of doubt, this license does not include any rights regarding resale or derivative use of the Site or content, or any use of data mining, robots, or similar data gathering and extraction tools. You agree that you will not reproduce, redistribute, duplicate, copy, sell, transfer, create derivative works from, decompile, reverse engineer, alter, adapt, disassemble, or otherwise exploit the Site. All rights not expressly granted by Bow Family Dentistry herein are reserved. 

1. INTELLECTUAL PROPERTY 

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 Site 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 Site are the property of their respective owners. 

The entire contents and design of the Site are protected by applicable copyright and trademark laws. All rights regarding the Site and materials contained on the Site are 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 Site. 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).

Customer Content

The Site may allow you to share information, text, data, photographs, and other content (collectively, “Customer Content”) with us or other Site visitors and users. 

In sharing such Customer Content, including by posting Customer Content to the Site, you grant Bow Family Dentistry and its successors, assigns and affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, sublicense, reproduce, distribute, prepare derivative works of, display, and perform your Customer Content in connection with the Site and our business. 

For each piece of Customer Content that you submit, you represent and warrant that: (a) you have the right to submit to or otherwise post the Customer Content on the Site; (b) the Customer Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; (c) you own or have the necessary licenses, rights, consents, and permissions to publish Customer Content you submit and grant the licenses contained herein; and (d) the Customer Content complies with these Terms and all applicable laws.

You acknowledge and agree as follows:

• Bow Family Dentistry is free to use any Customer Content for any purpose.

1. Bow Family Dentistry does not permit copyright infringement or other violations of intellectual property rights on the Site, and we reserve the right to remove Customer Content if properly notified that such Customer Content infringes on another’s intellectual property rights;
2. Bow Family Dentistry is not responsible or liable for the accuracy, utility, safety, or intellectual property rights of or relating to any Customer Content within the Site;
3. Bow Family Dentistry does not endorse any Customer Content, recommendation, view or opinion submitted to the Site or to us by any user;
4. You may be exposed to Customer Content that is inaccurate, offensive, indecent or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto; and
5. You are solely responsible for your own Customer Content and the consequences of submitting and publishing your Customer Content on the Site.

• CODE OF CONDUCT

In accessing or using the Site, you agree that you will not:

1. Upload photographs of people who have not given permission for their photographs or likeness to be uploaded to the Site;
2. Submit false or misleading information, impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
3. Violate any applicable international, federal, provincial or state regulations, rules, laws, or local ordinances;
4. Circumvent, disable, or otherwise interfere with security features of the Site;
5. Submit, upload or display on the Site any content that: (i) is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable; (ii) contains vulgar, obscene, profane or sexually explicit content, including pornography or nudity; (iii) contains hateful, malicious or discriminatory content, incites hatred towards any individual or group, or incites or advocates negative stereotypes, racism, sexism, terrorism or violence; (iv) encourages any illegal activity; (v) infringes our or any third party’s intellectual property rights or other rights; (iv) contains any confidential, proprietary or trade secret information of any third party; or (vii) includes any advertisements, solicitations, investment opportunities or other unsolicited commercial or chain communications or promotes the sale of goods or services;
6. Defame, harass, stalk, attack, threaten, intimidate, or otherwise violate the rights of others, including, without limitation, others’ moral, privacy or publicity rights;
7. Spam, hack into or deface the Site, or transmit any content that contains any viruses, worms, trojan horses, defects, or other destructive items;
8. Harm or exploit minors; or
9. Use the Site to collect any personally identifiable information about others.

• TERMINATION

We may block, limit, disable or terminate your access to the Site for any reason, including if: (i) we determine, in our sole discretion, that you have violated these Terms; (ii) you violate any applicable law or regulation relating to your use of the Site; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.

Effect of Termination. Upon termination, all licenses granted by Bow Family Dentistry will terminate automatically and immediately. Sections 4 and 6 through 10 of these Terms shall survive termination. 

• DISCLAIMERS; NO WARRANTY

Bow Family Dentistry reserves the right to modify or discontinue the Site at any time. When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Bow Family Dentistry and its suppliers. Accordingly, Bow Family Dentistry 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 the Site. Transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted via the Site. 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 Site.

THE SITE AND ALL INFORMATION PROVIDED VIA THE SITE IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOW FAMILY DENTISTRY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.

BOW FAMILY DENTISTRY MAKES NO WARRANTY OF ANY KIND THAT THE SITE, 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. 

Without limiting the foregoing, Bow Family Dentistry expressly disclaims, and assumes no liability or responsibility for any: (a) errors, omissions, or inaccuracies of the Content; (b) personal injury or tangible or intangible property damage or loss of any nature whatsoever resulting from your access to or use of the Site; (c) unauthorized access to or use of the Site or any information provided via the Site; (d) interruption or cessation of transmission to or from the Site; (e) bugs, viruses, trojan horses or the like which may be transmitted to, by or through the Site; (f) modifications to, or suspension or discontinuance the Site; (g) Customer Content submitted by any user; or (h) loss or damage of any kind incurred as a result of the use of the Site or any content posted, transmitted, or otherwise made available through the Site, including any loss of your Customer Content. 

Bow Family Dentistry does not endorse, guarantee or assume responsibility for any content, product or service posted, advertised or offered by any third party on or through the Site, and Bow Family Dentistry will not be a party to, or be responsible for monitoring, any transaction between you and any third-party provider of products or services.

• LIMITATION OF LIABILITY

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER BOW FAMILY DENTISTRY, NOR ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, OFFICERS, DIRECTORS, OR AFFILIATES, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. 

WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL BOW FAMILY DENTISTRY BE LIABLE FOR DAMAGES INCURRED BY YOU EXCEEDING U.S. $100 IRRESPECTIVE OF FAULT OR NEGLIGENCE. IN CONSIDERATION OF YOUR USE OF THE SITE YOU HEREBY WAIVE AND RELEASE BOW FAMILY DENTISTRY FROM ANY SUCH CLAIM FOR DAMAGES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND YOU ARE LIMITED TO THOSE REMEDIES EXPRESSLY PROVIDED FOR IN THESE TERMS.

• INDEMNIFICATION

To the extent permitted by applicable law, you agree to defend and indemnify Bow Family Dentistry and its members, managers, directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses, including without limitation, reasonable attorneys’ fees, arising from or relating to: (a) your access to or use of the Site; (b) your violation of any term of these Terms or any law; (c) your violation of any third party right, including without limitation any copyright, property, intellectual property, privacy or publicity right; or (d) any claim that your Customer Content caused damage, harm or loss to a third party. The foregoing obligations shall survive these Terms and any termination of your use of the Site.

• GENERAL

Governing Law; Jurisdiction. 

These Terms of Use will be governed by and construed under the laws of the State of New Hampshire, without regard to conflicts of law principles. Any action arising out of or relating to these Terms or your use of the Site must be commenced in the state or federal courts located in the State of New Hampshire, and you consent to the jurisdiction of such courts.

Entire Agreement. These Terms, including the Privacy Policy and any other legal notices or other policies published by us on the Site, constitute the entire agreement between you and Bow Family Dentistry with respect to the Site and Content. 

Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. 

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Bow Family Dentistry’s prior written consent. Bow Family Dentistry may assign these Terms without restriction. 

Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure or delay to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. 

No Third-Party Beneficiaries. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

Electronic Communication. When you use the Site or send email to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you have any questions, please contact us via email at [email protected]