The word “Company” below refers to our practice at James R. McClurg, MD. Using our website means you understand, agree and accept all the following terms and conditions.
REMOVAL OF INFORMATION
At any time, you can request (by written notice) to be removed from our marketing database. We will respect your request.
Your contact information is stored in a secure database and is protected by firewalls and sophisticated anti-hacking software.
Working with Google
On occasion, we may use Google marketing technology to promote our products. To see a complete explanation, visit Google marketing program. As you will see, there is No identifiable information kept by us about the visitors that we can or will use.
Here are more information about how we use Google’s tools to target potential clients.
The Company may collects data through Google and Facebook tools and scripts about your activities that does not personally or directly identify you when you visit our website, the website of entities for which we serve advertisements (our “Advertisers”), or the websites and online services where we display advertisements (“Publishers”). This information may include the content you view, the date and time that you view this content, the products you purchase, or your location information associated with your IP address. We use the information we collect to serve you more relevant advertisements (referred to as “Retargeting”). We collect information about where you saw the ads we serve you and what ads you clicked on.
We use Google Analytics’ 3rd-party audience data such as age, gender, and interests to better understanding the behavior of our customers and work with companies that collect information about your online activities to provide advertising targeted to suit your interests and preferences. For example, you may see certain ads on this website or other websites because we contract with Google and other similar companies to target our ads based on information we or they have collected, including information that was collected through automated means (such as cookies and web beacons). These companies also use automated technologies to collect information when you click on our ads, which helps track and manage the effectiveness of our marketing efforts.
You may opt-out of the automated collection of information by third-party ad networks for the purpose of delivering advertisements tailored to your interests, by visiting the consumer opt-out page for the Self-Regulatory Principles for Online Behavioral Advertising at http://www.aboutads.info/choices/ and edit or opt-out your Google Display Network ads’ preferences at http://www.google.com/ads/preferences/.
What personal data we collect and why we collect it
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
Who we share your data with
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
Your contact information
How we protect your data
What data breach procedures we have in place
What third parties we receive data from
What automated decision making and/or profiling we do with user data
Industry regulatory disclosure requirements
Smush sends images to the WPMU DEV servers to optimize them for web use. This includes the transfer of EXIF data. The EXIF data will either be stripped or returned as it is. It is not stored on the WPMU DEV servers.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE AND/OR OUR SERVICES.
By using our service, our website, and websites we have created, you agree and consent to follow our Terms and Use and Service. If you do not agree to all of these Terms and Conditions of Use and Service, you should not order or use our service or website! As a client or visitor, you are required to agree with these terms in order to use our products and services. The Company; may change and update these Terms and Conditions at any time. Your continued usage of the The Company websites and other services – referred here to as Websites – will mean you accept those changes. Definition of Client: A client is any person or business entity that has placed an order for any of The Company services. A visitor is any person or business that is viewing any website that is designed and created by the company.
1- The Company Websites do not provide dental or medical advice. The contents of The Company websites such as text, graphics, images, videos, information obtained from The Company licensors and other material contained on The Company websites (“Content”;) are for informational purposes only. The Content is not intended to be a substitute for professional dental or medical advice, diagnosis, or treatment. Visitors and users must always seek the advice of a qualified health provider with any questions you may have regarding a medical condition. Never disregard professional advice or delay in seeking it because of something you have read on the Websites! If a user or visitor think he/she may have a medical emergency, he/she must call your doctor or 911 immediately. The Company websites do not recommend or endorse any specific tests, healthcare professional, products, procedures, opinions, or other information that may be mentioned on the Websites. Reliance on any information provided by The Company employees, links on the site, or others appearing on the Websites at the invitation of The Company, or other visitors to The Company Websites is solely at your own risk. Furthermore, information added to The Company websites by its clients are added at the sole discretion of the clients and are the full responsibility of the said client. The Company does not accept any liability or responsibility for said content.
2- CHILDREN’S PRIVACY.
We are committed to protecting the privacy of children. You should be aware that The Company websites are not intended or designed to attract children under the age of 13.
3-USE OF CONTENT.
The Company authorizes you to use and view a single copy of the material on the The Company websites solely for your use. Content and/or images on the websites designed by The Company are protected by copyright laws. Any special rules for the use of certain software and other items accessible on the The Company websites are incorporated into these Terms and Conditions and our other legal notices. The fees charged to clients for membership and setup/design of websites do not provide any right of ownership to content, design elements and/or images and other material throughout the Websites unless permitted by written consent from The Company. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with The Company or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of The Company websites. Domain names registered by The Company for its clients are the legal property of The Company and are leased temporarily to clients. All rights not expressly granted herein are reserved to The Company and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
4- LIABILITY OF The Company AND ITS LICENSORS.
The use of the The Company Websites, and the Content is at your own risk. When using the The Company Websites, information will be transmitted over a medium that may be beyond the control and jurisdiction of The Company. Accordingly, The Company assumes no liability for or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the The Company Websites. The The Company Websites and the content are provided on an “as is” basis. The Company ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, The Company, its licensors, and its suppliers make no representations or warranties about the following:
A. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the The Company Websites.
B. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on The Company websites. In no event shall The Company, its licensors, its suppliers, or any third parties mentioned on The Company websites be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the The Company websites or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not The Company is advised of the possibility of such damages. The Company is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
5- USER SUBMISSIONS.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to The Company by email, (including through the email addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to The Company by email, you agree such submission is non-confidential for all purposes. If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to The Company by email, you automatically grant–or warrant–that the owner of such content or intellectual property has expressly granted The Company a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Company may sublicense its rights through multiple tiers of sub-licenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to The Company by email. We try to answer every email in a timely manner but are not always able to do so.
6- RIGHT TO REFUSE SERVICE/CANCELLATION POLICY.
The Company reserves the right to refuse to provide services to any of its clients at its sole discretion. Since the membership programs are monthly, a client whose service is being terminated will receive a one month notice via email. It is the responsibility of the client to find and secure new service for his/her website design/hosting and maintenance. A client has the right of canceling his membership with a one month written notice unless a separate agreement has been signed by the client. All fees are due before the receipt of such notice by mail/fax confirmed by The Company In both cases of service termination and cancellations, the client understands that The Company has full ownership and copyright to all material on its websites. Material that has been added by clients such as images and personal content can be moved to a new company and website at the client’s discretion. No material of original design content, images including domain names is permitted to be transferred unless with written permission from The Company
The Company has several tools that allow you to record and store information. For example, these areas are structured to allow access only to visitors with a valid password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your The Company passwords or accounts.
It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your The Company account and password; (3) promptly inform The Company of any need to deactivate a password. You grant The Company and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. The Company cannot and does not assume any responsibility or liability for any information you submit, including to Register to win, or your or third parties’ use or misuse of information transmitted or received using The Company tools and services, including Online Editor and Practice-Xl Online.
8- The Company LIVE AND MEMBER TO MEMBER AREAS (“PUBLIC AREAS”).
If you use a Public Area, such as a chat room, bulletin board or community, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. The Company is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions: Using a Public Area for any purpose in violation of local, state, national, or international laws; Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by The Company in its sole discretion; Posting advertisements or solicitations of business; After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); Posting chain letters or pyramid schemes; Impersonating another person; Distributing viruses or other harmful computer code; Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent; Allowing any other person or entity to use your identification for posting or viewing comments; Posting the same note more than once or “spamming”; or Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of The Company, exposes The Company or any of its customers or suppliers to any liability or detriment of any type. The Company reserves the right (but is not obligated) to do any or all of the following: Record the dialogue in public chat rooms. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s). Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions. Terminate a user’s access to any or all Public Areas and/or the The Company websites upon any breach of these Terms and Conditions. Monitor, edit, or disclose any communication in the Public Areas. Edit or delete any communication(s) posted on the The Company websites, regardless of whether such communication(s) violate these standards. The Company reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. The Company has no liability or responsibility to users of the The Company websites or any other person or entity for performance or nonperformance of the aforementioned activities.
9- ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES.
The Company may provide links to third-party websites. The Company also may select certain sites as priority responses to search terms you enter and The Company may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. The Company does not recommend and does not endorse the content on any third-party websites. The Company is not responsible for the content of linked third-party sites, sites framed within the The Company websites, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. The Company does not endorse any product advertised on the site.
10- MATERIAL SUBMITTED BY CLIENT.
One service of The Company is updating and changing websites and its content on clients’ behalf. Also, The Company offers access to a direct and live online editor that enables clients to update their websites with their material of choice. It is the responsibility of the client and/or its employees to make sure that the material submitted is original and/or the client does have permission to use it. It is also the responsibility of the client to ensure the material added comply with all local, state and federal laws (for example American with Disability Act). The Company does not accept any responsibility as to review of such material for copyright issues. If The Company is informed by any third-party of copyright infringement and/or questionable material, The Company reserves the right to remove the material in question from our server. It is the responsibility of the client to resolve such complaints, objections and/or any legal action brought resulting from the use of such material.
You agree to defend, indemnify, and hold The Company, 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 violation of these Terms and Conditions.
The Company makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the The Company websites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with The Company, or in any way relating to your use of the The Company Websites, resides in the courts of the County of Orange, State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Orange in State of California in connection with any such dispute including any claim involving The Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Except as expressly provided in a particular “legal notice” on the The Company Websites, these Terms and Conditions and the The Company legal notices constitute the entire agreement between you and The Company with respect to the use of the The Company Websites, and Content. Thank you for your cooperation. We hope you find the The Company websites helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail. We try to answer every email in a timely manner but are not always able to do so.
Disclaimer for our practice (hereinafter “The Company”).
The website is designed by Optimized360, LLC. The information provided by The Company on the website is at no charge to users of the World Wide Web, subject to the express condition that these users agree to be bound by the terms and conditions set forth in this disclaimer. The Company reserves the right to change these disclaimers at any time, and you agree to abide by the most recent version of the disclaimer each time you view and use the Website. Whether you are a client of The Company or a visitor to its websites, DO NOT use the Websites if you do not agree with all of the following terms and conditions.
1. You acknowledge that the information on the Websites is provided ‘as is’ for general information only. It is not intended to provide dental or medical advice, and should not be relied upon as a substitute for consultations with qualified healthcare professionals who are familiar with your individual condition. No warranties of any kind are given regarding use of the website, including, but not limited to, any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the computer server which makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
2. You agree that you will hold harmless The Company and its shareholders, officers, directors, clients and employees from all claims arising out of or related to your access or use of, or your inability to access or use, the Website or the information contained in the Website or other websites to which it is linked, including, but not limited to, claims that you have found something you have heard, viewed or downloaded from the Website or any other website to which it is linked to being obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will The Company or any of the information contributors to the Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if The Company has been advised of the possibility of such damages.
3. You acknowledge that the opinions and recommendations contained in this website are not necessarily those of The Company nor are they endorsed by The Company. Many clients of The Company have access to create their own material on their Websites. The material created by clients remains their responsibility and The Company does not accept liability and responsibility related to said material.
4. The Company may provide links on the Website to other web sites which are not under the control of The Company in general, any website which has an address (or URL) not containing ‘The Company.com’ is such a website. Also, The Company may frame other web sites inside its frame or ‘The Company.com’ (or its clients’ websites) frame. These links are provided for convenience or reference only and are not intended as an endorsement by The Company of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
5. Upon request, you may provide hypertext links to this website on another website upon receipt of written consent from The Company, provided that: (a) the link be a text-only link clearly marked ‘The Company.com’, (b) the link must ‘point’ to the URL ‘https://TheCompany.com’ and not to other pages within the website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with The Company name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than The Company is associated with or sponsored by The Company, (e) the link, when activated by a user, must display this website full-screen and not within a ‘frame’ on the linked website, and (f) The Company reserves the right to revoke its consent to any link at any time at its sole discretion. You agree that hypertext links to this Website must be approved in writing by The Company’s management.
6. The works of authorship contained in the Website, including but not limited to all design, text, and images, are owned or licensed by The Company hereinafter referred to as The Company, or its suppliers and contributors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sub-licensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without The Company’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive as is necessary to browse the website, and that the user may produce one permanent printout of each page of the website (unmodified in form, with a copy of this Disclaimer attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of The Company.
7. This website (excluding linked sites) is hosted by The Company which is headquartered in Irvine, Orange County, California, in the United States of America. It may be accessed from all 50 states, as well as from other countries around the world. Because each of these places has laws that may differ from those of California, or the United States of America, by accessing this website you agree that the statutes and laws of the State of California and the United States of America, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use of this website. You also agree and hereby submit to the exclusive legal jurisdiction and venues of the Courts of Orange County, California and the United States District Court for the District of Orange County with respect to such matters. The Company make no representation that materials on the website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is hereby prohibited. Individuals or organizations choosing to access this website from other locations do so of their own initiative and are responsible for compliance with local laws.
8. The Company, its logo, nameplates, Practice-XL, and Optizign are trademarks of The Company, and are protected by international laws and treaty provisions. All text and electronic images on this website are copyrighted materials which are either registered copyrights, unregistered common law copyrights, registered trademarks or sales marks of The Company, its suppliers or contributors. Any attempt to infringe upon or to circumvent these copyrights or trademarks will subject to prosecution.
The Company has made every reasonable effort to make sure its Website under its control is in compliance with ADA laws and has taken every reasonable effort to provide reasonable accommodations for Americans with disabilities. We continue to be open and invite all recommendation to further meet the needs of all American visitors with disabilities. All services, promotions and information available on its websites are readily available over the telephone by calling 800-997-9368. The Company disclaims any responsibility for Website owned by its clients’ or third-party websites that are linked to The Company’s websites by virtue of the fact The Company doesn’t own, manage or control third party websites.
WEB ACCESSIBILITY STATEMENT
Web Accessibility Statement our business “company”.
The Company is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone, and applying the relevant accessibility standards.
Measures to support accessibility
Optimized360 LLC takes the following measures to ensure accessibility of The Company:
- Include accessibility as part of our mission statement.
- Include accessibility throughout our internal policies.
- Provide continual accessibility training for our staff.
- Assign clear accessibility targets and responsibilities.
The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. The Company is partially conformant with WCAG 2.1 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standard.