Terms of Use of Our
Cosmetic Dentistry Website
Serving Santa Rosa and San Francisco, California
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
Your use of jamesklim.com is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using jamesklim.com, you signify your acceptance of these Terms and Conditions.
Ownership
The jamesklim.com website, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of The Gallery of Fine Smile Design ("GFSD"), and/or its various subsidiaries, affiliates, GFSD Associate Dealers, third party providers and distributors ("Third Parties"), and is protected under the copyright laws of the United States of America and other countries. None of the content found on jamesklim.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of GFSD and/or the applicable Third Parties.
GFSD, jamesklim.com, and all other GFSD related trademarks and design marks displayed on jamesklim.com (collectively, the "Trademarks") are registered and common law trademarks of their respective owners. Nothing contained on jamesklim.com should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of GFSD or such other party that may own the applicable trademarks.
Use of Site
The jamesklim.com website may not, in whole or in part, be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of GFSD, except that you may download, display and print the materials presented on jamesklim.com for your personal, non-commercial use only. Unauthorized use of jamesklim.com and/or the materials contained on jamesklim.com may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
GFSD reserves the right to limit quantities, refuse orders, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if GFSD believes that customer conduct violates applicable law or is harmful to the interests of GFSD or any Third Parties.
In its sole discretion, in addition to any other rights or remedies available to GFSD and without any liability whatsoever, GFSD at any time and without notice may terminate or restrict your access to any component of jamesklim.com.
Privacy
You have read the GFSD Privacy Policy, the terms of which appear on jamesklim.com and are incorporated into these Terms and Conditions, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by GFSD and/or Third Parties in accordance with the terms of and for the purposes set forth in the GFSD Privacy Policy.
Feedback
GFSD enables visitors to jamesklim.com to provide GFSD with feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant GFSD a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, and you waive any and all moral rights in the Customer Content. You also grant GFSD the right to use the name you submit with the Customer Content, if any, in connection with GFSD's rights hereunder.
Product Warranties, Returns and Exchanges
Some products are available for purchase at GSFD's offices (not currently online). If a product is defective, the manufacturer's warranty applies. All returns and product exchanges of new, unused products must be processed at the GFSD office. Simply return the product, in its original condition and packaging, with the original sales receipt you received with your purchase. If you required more information or required assistance with a return or exchange, please call Customer Service at 1-866-SHOP-CTR (1-866-746-7287) or send an email to feedback@jamesklim.com.
Liability Disclaimer
Except as explicitly provided in the foregoing paragraphs, GFSD and the Third Parties make no representations or warranties of any kind, express or implied, regarding jamesklim.com and/or any materials provided on jamesklim.com, all of which are provided on an "as is" and "as available" basis. GFSD and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of jamesklim.com, or any of the content or data found on jamesklim.com, and expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
GFSD and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
GFSD and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on jamesklim.com or your downloading of any materials, data, text, images, video or audio from jamesklim.com. In no event shall GFSD or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of jamesklim.com or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of jamesklim.com for purchases), of the performance or non performance by GFSD or any of the Third Parties, even if such party has been advised of the possibility of damages by such parties or any other party.
Maximum Liability
If, notwithstanding the foregoing, GFSD or any of the Third Parties should be found liable for any loss or damage which arise out of or is in any way connected with any of the functions or uses of jamesklim.com or its content, the liability of GFSD and the Third Parties shall in no event exceed in the aggregate $250 USD. The foregoing limitation does not apply to any liability explicitly assumed by GFSD pursuant to the Patient Policy, which is accepted by a patient, in writing, before an in-clinic procedure is undertaken, and is subject to its own terms and conditions separate from the use of this webiste.
Indemnification
You shall indemnify and save harmless GFSD and the Third Parties and their officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of jamesklim.com.
Links
The jamesklim.com website contains links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by GFSD or the Third Parties of the linked web site or information contained therein. GFSD and the Third Parties shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
Relationships
The relationship between GFSD and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or use of jamesklim.com.
Governing Law
This Agreement and its performance shall be governed by the laws of the State of California, the United States of America. You consent and submit to the exclusive jurisdiction of the courts located in the City of San Francisco, in the State of California, the United States of America, in all disputes arising out of or relating to the use of jamesklim.com and these Terms and Conditions.
Modification
GFSD reserves the right to, without notice, make changes to jamesklim.com, including without limitation with respect to products offered, product information, availability, content and pricing, and may at any time modify the Terms and Conditions of use of jamesklim.com. Your continued use of jamesklim.com will be conditioned upon your acceptance of the Terms and Conditions in force at the time of your use.
Additional Terms
Separate Terms and Conditions may apply to purchases of products and services and other uses of portions of jamesklim.com.
Severability
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Headings
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
Entire Agreement
These Terms and Conditions, together with those incorporated or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by GFSD making such amendments or modifications available to it pursuant to the Terms and Conditions.
