TERMS OF SERVICE AGREEMENT

Terms and Conditions of Use

Welcome to 1^stDDS.com ("Service"), an online service of the Internet Dental Alliance, Inc. 1^stDDS.com is a registered DBA of Internet Dental Alliance, Inc. (IDA). IDA the parent company and owner of 1^stDDS.com and all associated dental web information portals including 1^stTMJDentist.com. We're excited to bring you a range of services, including product-buying information, file libraries, audio features, messaging functions and other services our editors will continue to develop. Your use of the Service will be subject to the terms of this Terms of Service Agreement.

Subscriber Participation and Conduct

During the term of this Agreement, 1^stDDS.com grants to you a non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license.

You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service. You agree to indemnify IDA, 1^stDDS.com and 1^stTMJDentist.com and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them which arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes.

IDA, 1^stDDS.com and 1^stTMJDentist.com reserve the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. 1^stDDS.com also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Not withstanding the foregoing, 1^stDDS.com is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.

Copyright and Trademarks

The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by IDA, 1^stDDS.com and 1^stTMJDentist.com or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute any Content to any third person. You may copy and display the Content solely for your personal, non-commercial use, as permitted by the license granted above.

1^stDDS.com and 1^stTMJDentist.com are the trademarks of Internet Dental Alliance, Inc. All other trademarks on the Service are the property of their respective holders.

Exclusions of Warranty and Liability

THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IDA, 1^stDDS.com and 1^stTMJDentist.com DO NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. IDA, 1^stDDS.com and 1^stTMJDentist.com ARE NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND IDA DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED.

IDA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF THE SERVICE OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF IDA HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL IDA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED THE CUMULATIVE AMOUNT YOU HAVE PAID FOR ACCESS TO THE SERVICE.

SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

FINDING A DENTIST

The following disclaimer applies to the IDA, 1^stDDS.com and 1^stTMJDentist.com websites:

The information published through 1^stTMJDentist.com is presented by 1^stDDS.com or IDA for educational and informational purposes only. 1^stDDS.com or IDA does not exert editorial control over the materials on this website. Neither 1^stDDS.com or IDA, its employees, agents, or assigns makes any warranty, actual or implied, as to the quality of service providers listed or advertised on the 1^stTMJDentist.com website or the 1^stDDS.com database, and 1stDDS.com or IDA shall not be liable or responsible in any manner for use of the 1^stTMJDentist.com website.

The information presented through this website is not medical or dental advice, and is not given as medical or dental advice. This website is intended as a reference source, and shall not constitute medical or dental advice, diagnosis, or recommendations or be considered a substitute for independent medical or dental research and evaluation by a qualified professional.

Neither 1^stDDS.com or IDA, its employees, agents, or assigns, or any of its authors, participants, sponsors, contributors, advertisers or any other party involved with this website makes any representation or warranty whatsoever, and expressly disclaims any and all representations and warranties of any kind concerning the accuracy, reliability, or suitability of the information contained or referenced in this website or otherwise made available through this website. It is the affirmative responsibility of the user of this website to determine the accuracy, reliability, or suitability of the information contained or referenced in this website or otherwise made available through this website. Medical or dental information presented on this website is not intended to replace consultation with a qualified health care provider. Neither 1^stDDS.com or IDA, its employees, agents, or assigns answers specific medical questions or refers persons to specific health care providers. Any information provided on this website should not be considered to be completely error free or to include all relevant information. In addition, the information contained on this website should not be used as an exclusive basis for decision-making.

Neither 1^stDDS.com or IDA, its employees, agents, or assigns, or any of its authors, participants, sponsors, contributors, advertisers or any other party involved with this website warrants that the information is accurate and complete and are not responsible for any errors or omissions or for the results obtained from the use of such information.

Neither 1^stDDS.com or IDA, its employees, agents, or assigns, or any of its authors, sponsors, contributors or any other party involved with this website is responsible or liable, directly or indirectly, for any form of damages whatsoever resulting from the use of information contained or implied in this website. You are encouraged to consult other sources and confirm the information contained herein. Use of the information presented in this website is strictly voluntary and at the user's sole risk, and 1^stDDS.com or IDA, its employees, agents, and assigns, and its authors, participants, sponsors, contributors, advertisers or any other party involved with this website disclaims any responsibility for positions taken by users in their individual cases or for any misunderstanding on the part of users.

Neither 1^stDDS.com or IDA, its employees, agents, or assigns, or any of its authors, participants, sponsors, contributors, advertisers or any other party involved with this website is responsible for user dissatisfaction in any way with a particular service provider. Neither 1^stDDS.com or IDA, its employees, agents, or assigns, or any of its authors, participants, sponsors, contributors, advertisers or any other party involved with this website makes any representation or warranty as to the quality of service providers. You should always follow through with your own independent investigation of any information provided on the 1^stTMJDentist.com website or choice of service provider.

The 1^stTMJDentist.com and the 1^stDDS.com websites include links providing direct access to other Internet websites. By linking to other websites, IDA, 1^stDDS.com and 1^stTMJDentist.com does not endorse the policies, practices, or opinions expressed on those sites. IDA, 1^stDDS.com and 1^stTMJDentist.com make no representations or warranties as to the accuracy or any other aspect of the information contained on such websites.

No warranty of any kind, either express or implied, is made concerning the information contained or referenced in this website or otherwise made available through this website, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. In no event shall IDA, 1^stDDS.com and 1^stTMJDentist.com its employees, agents, or assigns, or any of its authors, participants, sponsors, contributors, advertisers or any other party involved with this website be held liable to any person for any direct, indirect, incidental, consequential, or any other form of damages whatsoever arising from the use of or reliance upon any of the information contained or referenced in this website or otherwise made available through this website. As a condition to the use of this website, the user shall release, hold harmless, defend and indemnify IDA, 1stDDS.com and 1^stTMJDentist.com, its employees, agents, or assigns, or any of its authors, participants, sponsors, contributors, advertisers or any other party involved with this website from and against any all claims, causes of action and damages of any kind resulting from the use of or reliance upon any of the information contained or referenced in this website or otherwise made available through this website.

If all of the foregoing terms, conditions, and limitations are not fully and expressly accepted by the user of this website, the user is not authorized to access or otherwise utilize this website.

Notices

IDA, 1^stDDS.com and 1^stTMJDentist.com may give notice to you through general posting on the Service, through postal notification, or through e-mail notification, in its sole discretion. You may give notice to IDA, 1^stDDS.com and 1^stTMJDentist.com via e-mail at questions@1^stDDS.com or by postal mail to 2200 Mar East, Tiburon, CA, 94920.

IDA reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.

General

IDA, 1^stDDS.com and 1^stTMJDentist.com may unilaterally amend this Agreement at any time, provided that IDA and 1^stDDS.com gives notice of the amendment to you a reasonable period prior to its effective date. The Agreement may not otherwise be amended except in a writing signed by the party against whom the amendment is asserted. Any failure by IDA, 1^stDDS.com or 1^stTMJDentist.com to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, as applied to contracts entered into and performed within California.

Disputes concerning the Service or this Agreement will at the election of either party be resolved exclusively through binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration will be conducted in San Francisco, California before a single arbitrator selected in accordance with such rules. The arbitrator's decision will be non-appealable and judgment thereon may be entered in any court with jurisdiction over the parties. The foregoing notwithstanding, nothing in this Agreement will be deemed to preclude any party from using the legal process of any court with jurisdiction to seek remedy or redress (including, without limitation, injunctive or other equitable relief) for any infringement of copyright, trademark rights, or other intellectual property rights.

This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.