Website Terms of Use
These Terms of Use (“Agreement”) are entered into by and between You, the user of this website (“User” or “You”), and Ferri Orthodontics (“Company,” “we,” “us,” or “our”). This Agreement governs Your access to and use of https://ferriortho.com/ (the “Website”), including all subdomains, content, functionality, and services offered on or through the Website, whether as a guest or registered user.
By accessing or using the Website, You agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated by reference. If You do not agree to these Terms of Use, You must not access or use the Website.
1. Acceptance of the Terms
By using this Website, You confirm that You are of legal age to form a binding contract and agree to comply with this Agreement. If You do not meet these requirements, You must not access or use the Website.
2. Changes to the Terms
We reserve the right to revise and update these Terms of Use at any time at our sole discretion. All changes are effective immediately when posted and apply to all access and use of the Website thereafter. Your continued use of the Website following the posting of the revised Terms means that You accept and agree to the changes. Please review the Terms periodically for updates.
3. Privacy Policy and HIPAA Compliance
Your use of the Website is also governed by our Privacy Policy, which describes our data collection and usage practices. By using the Website, You consent to the collection and use of Your information as described in the Privacy Policy.
HIPAA Compliance Notice: While Ferri Orthodontics is committed to protecting the privacy of Your health information, the Website is not HIPAA-compliant. We recommend that You refrain from submitting any personal health information (PHI) through the Website’s contact forms or email. If You need to share PHI with us, please contact us directly by phone or visit our office to ensure Your information is handled securely in compliance with the Health Insurance Portability and Accountability Act (HIPAA).
4. Accessing the Website and Account Security
We reserve the right to modify or discontinue this Website, any services, or content at any time without notice. We will not be liable if any part of the Website is unavailable at any time or for any period.
To access certain resources or services offered on the Website, You may be required to provide registration information. It is a condition of Your use of the Website that all information You provide is accurate, current, and complete. You are responsible for maintaining the confidentiality of any credentials associated with Your account and agree to notify us immediately of any unauthorized access to or breach of security.
5. No Unlawful or Prohibited Use
You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any way that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website.
Prohibited uses include, but are not limited to:
- Engaging in any activity that violates local, state, national, or international law.
- Using any robot, spider, or other automatic devices to access the Website for any purpose.
- Attempting to gain unauthorized access to any part of the Website, other accounts, or computer systems connected to the Website.
6. Intellectual Property Rights
All content on the Website, including but not limited to text, graphics, images, logos, videos, and software, is the property of Ferri Orthodontics or its licensors and is protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to use the Website for personal or non-commercial purposes. You may not reproduce, distribute, modify, or otherwise exploit any content on the Website without the prior written consent of Ferri Orthodontics.
7. No Endorsements
The Website may contain references to third-party products or services. Any such references do not constitute an endorsement or recommendation by Ferri Orthodontics. We are not responsible for the accuracy, reliability, or content of third-party products, services, or websites linked to from the Website.
8. Testimonials
Testimonials displayed on the Website are real statements made by clients of Ferri Orthodontics. However, these testimonials are not guarantees of specific outcomes or results that You may experience. Your individual results may vary based on Your circumstances.
9. Use of Free Downloadable Content
From time to time, Ferri Orthodontics may offer free downloadable resources via the Website in exchange for Your email address. You are granted a limited, non-exclusive, non-transferable license to use the downloaded content for Your personal or internal business use. You agree not to modify, share, or resell any downloadable content without our prior written consent.
10. For Informational Purposes Only
All information on the Website is for informational purposes only and does not constitute medical or dental advice. The content on the Website is not a substitute for consultation with a licensed healthcare provider. Always seek the advice of a healthcare provider before making decisions about medical or dental treatments.
11. No Professional-Client Relationship
Your use of the Website does not create a professional-client relationship between You and Ferri Orthodontics. No relationship is formed unless and until a formal agreement has been executed for dental or orthodontic services.
12. Disclaimer of Warranties
The Website is provided on an “as-is” and “as-available” basis, without warranties of any kind, either express or implied. Ferri Orthodontics does not warrant that the Website will be uninterrupted or error-free, or that any defects will be corrected.
We do not make any warranties regarding the accuracy, completeness, or reliability of any information, content, or services provided on the Website.
13. Limitation of Liability
To the fullest extent permitted by law, Ferri Orthodontics shall not be liable for any damages of any kind arising from or related to Your use of the Website. This includes direct, indirect, incidental, consequential, and punitive damages, even if we have been advised of the possibility of such damages.
14. Indemnification
You agree to indemnify and hold harmless Ferri Orthodontics, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, and expenses (including reasonable attorney fees) arising from Your use of the Website, violation of these Terms, or any actions related to Your use of the Website.
15. Choice of Law and Arbitration
This Agreement shall be governed by the laws of the State of Wisconsin, without regard to conflict of law principles.
Any dispute arising out of or relating to this Agreement or the Website shall be resolved exclusively by binding arbitration held in Milwaukee, Wisconsin, under the rules of the American Arbitration Association. Any judgment rendered by the arbitrator may be enforced in any court of competent jurisdiction.
16. Miscellaneous Provisions
- Entire Agreement: This Agreement, together with the Privacy Policy, constitutes the entire agreement between You and Ferri Orthodontics regarding Your use of the Website and supersedes all prior understandings, agreements, representations, and warranties.
- Amendments: No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party. Any changes to the Terms will only be enforceable if agreed to in a formal written document by both Parties.
- Severability: If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement. The remaining provisions shall continue in full force and effect in any other jurisdiction where they remain valid and enforceable.
- Waiver: No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof. No single or partial exercise of any right or remedy shall preclude any further exercise of the same right or any other right under this Agreement.
- Assignment: Neither Party may assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other Party. For the avoidance of doubt, any Party may rely on employees or independent contractors to perform work required under this Agreement, but the assigning Party shall remain ultimately responsible for the completion and quality of that work. Any purported assignment or delegation in violation of this section shall be null and void.
- Relationship of the Parties: You and Ferri Orthodontics are independent contractors. Nothing in this Agreement shall be construed as creating any partnership, agency, joint venture, or employment relationship.
- No Third-Party Beneficiaries: This Agreement benefits solely the Parties hereto and their respective permitted successors and assigns. No third party is entitled to any rights or remedies under this Agreement.
- Force Majeure: Neither Party shall be liable for any failure or delay in performing any obligation under this Agreement due to events beyond their reasonable control, such as acts of God, war, pandemics, labor disputes, or government actions.
17. Contact Information
If You have any questions or concerns regarding these Terms of Use, You may contact us at:
Ferri Orthodontics
5801 Washington Avenue
Racine, WI 53406-4098
Email: [email protected]
Phone: (262) 884-7700
Last updated: October 15, 2024
