You are responsible for all Content that you upload, post, email or otherwise transmit using the Site.  Likewise, you are responsible for respecting Gems’ and third parties’ rights with respect to Content that appears on the Site and not to download, email or otherwise transmit such Content in violation of Gems’ and third parties’ rights.  You agree to use the Site solely to accommodate your own personal needs or the business needs of your practice.  You may not use or exploit any portion of the Site to provide any commercial services to third parties or offer any portion of the Site to any third party.  You shall not use the Site or Services to:

• Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity.  By uploading, posting, emailing or otherwise transmitting any Content, you represent and warrant that you have all rights to take such action with respect to the Content;  
• Upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically, or otherwise offensive;
• Impersonate another person or entity, including without limitation, a representative of Gems or its officers, directors, employees or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted to or through the Site;
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any “Spam”, “Junk Mail”, chain letters, or any other potentially objectionable form of unsolicited communication;
• Collect or store personal data with respect to third parties except as contemplated by the Terms and Conditions;
• Directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may materially adversely affect Gems or any third party;
• Upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities; or,
• Upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.
   

You may not use the Site for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government, including, without limitation, (i) the posting of any protected health information (including, without limitation, any photographs of your patients (“Patient Photos”)) that would constitute an unauthorized use or disclosure under the Health Information Portability and Accountability Act of 1996, including, without limitation, its implementing regulations (“HIPAA”) or any applicable state laws or regulations; (ii) the making of any claim for any product, service, or treatment that would constitute consumer fraud or false or misleading claims; and, (iii) the violation of prohibitions against marketing or advertising unapproved medical devices, drugs, or other medical treatment.  You agree that, to the extent required and/or appropriate, you are responsible for obtaining any authorizations, informed consents, institutional or privacy board approvals and/or other required approvals (collectively “Patient Approvals”) prior to submitting protected health information to the Site, and, upon Gems’ request, you agree to present redacted copies of the Patient Approvals to Gems.  By posting protected health information, including, without limitation, Patient Photos, to this Site, you represent and warrant that you have obtained and maintain a copy of an appropriate  Patient Approval that complies with HIPAA and applicable state law, and that permits the disclosure, copying and distribution of the information through any media and use and disclosure of PHI as set forth in the Terms and Conditions and Privacy Policy. 

You agree that Gems may use the protected health information in any lawful manner and that Gems will not return the protected health information to you after you submit it except as required by law.  To the extent required, you have informed patients that the protected health information will not be returned and/or expunged and that it may be used and disclosed in accordance with these Terms and Conditions and the Privacy Policy.  [Discuss the type of authorization that will be required for these purposes.]

You understand that any Content or Services that process Patient Photos to simulate the desired outcome of treatment for your patients are simulations only and not a guarantee or warranty of the outcome of treatment.  Prior to using such Content or Services, you shall inform the patient that the simulation is not a guarantee or warranty of the outcome of treatment and you are advised to obtain an acknowledgement of same from the patient in writing.  Additionally, prior to using such Content or Services, you are advised to seek legal advice to verify that your release and proposed use of Patient Photos complies with all applicable federal and state laws and regulations, including without limitation, HIPAA.  [Discuss other desired uses of Patient Photos and legal channels for other uses.]
 

THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  GEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND/OR SERVICES OFFERED ON THE SITE) WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  GEMS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY SUBSCRIBER OR OTHER USER WHO USES THE SITE.  SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  GEMS MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR RELIABLE.  YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE.  YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR WITHIN NATIONAL JURISDICTIONS.
 

You understand that you may upload, post or transmit images (such as your photograph, Patient Photos, or other graphics) to third party users through the Site (collectively, “Images”).  You authorize Gems (and have all of the necessary rights from third parties to authorize Gems) the right to copyright, license, publish, broadcast, display, reproduce, and distribute in any manner the Images, including, without limitation, the Patient Photos and simulations of the outcome of treatment contemplated in Section 7.  You understand that the Images may be altered, adapted, or modified in connection with such use, and that the Images may be used alone or in combination with a fictitious name and you have notified any applicable patients of this.  You understand that you will not receive any royalties or other reimbursement for permitting Gems to use the Images.  You grant Gems and other users (and have all of the necessary rights from third parties to grant Gems and other users) the absolute right and permission to use, re-use, publish, and re-publish the Images, with or without names, or reproductions thereof or excerpts therefrom, made through any medium, and in any and all media now or hereafter known for any purpose whatsoever including, without limitation, in marketing and on other web sites.  You also consent (and have all of the necessary rights from third parties to consent) to the use of any printed matter or other photograph or artwork of any kind without any restriction or limitation thereon, in conjunction therewith.  You also understand that you and any third parties will have no copyright or other rights with respect to the Images as they are used by Gems or users.  You hereby release, discharge and agree to hold harmless Gems and any users, from and against any and all claims and demands, including but not limited to, any claims for copyright infringement, defamation, invasion of privacy or right of publicity, arising out of or in connection with any use of the Images.

>You represent and warrant that any Patient Approvals or releases referenced in Section 7 are consistent with the terms of this Section 10 and include sufficient language to permit you to agree to the terms of this Section 10.
 

You agree that all Content provided by third party users in connection with this Site is the responsibility of the person or entity providing such Content.  You understand and acknowledge that Gems assumes no responsibility to screen or review Content provided as part of the Site.  Gems shall have the right, but not the obligation, in its sole discretion to refuse, monitor, or remove any Content that is available on the Site.  Gems expressly disclaims all responsibility or liability to users and any other person or entity for the performance or nonperformance of the Content review.  THE CONTENT FOUND ON THE SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL CONTENT BEFORE RELYING ON IT.
 

• Copyright
  
  The Content on the Site is owned by Gems and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries.  Certain materials are used by permission of their respective owners.  The Content of the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of Gems, except that, subject to your compliance with the Terms and Conditions, Gems authorizes you to view or download a single copy of the Content provided that you keep intact all copyright, trademark, and other proprietary notices.  Modification or use of Content for any other purpose is a violation of the rights of Gems, or third parties.
• Trademarks
  
  GEMS, 1000 GEMS, THE GEMS GUY, 1000 GEMS SEMINARS, GEMS INSIDERS' CIRCLE, GIC, INSIDERS' CIRCLE, GEMS GOLD DOZEN,  INDEPENDENT DENTIST NEWSLETTER, MILLIONAIRE DENTIST, GOLDMINE, and SILVERMINE are trademarks owned by Gems.  Other trademarks are used with the permission of their respective owners.  You agree not to use or display trademarks without the prior written consent of Gems or the owner of such mark.
• Reporting Violations
  
  Pursuant to the Digital Millenium Copyright Act of 1998, 17 U.S.C. 512(c)(2), Gems’ designated agent for notice of alleged copyright infringement in connection with the Site is [Gems DMCA contact information].  To file a notice of infringement with Gems, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled.  The text of this statute can be found at the U.S. Copyright Office web site, located at http://www.copyright.gov.
   

The Site may include links to other World Wide Web sites.  You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Gems with respect to the provider of such linked site or the linked site.  GEMS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK.
 

You agree to defend, indemnify, and hold Gems, 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 or from your use or misuse of this Site.
 

Gems may change the Terms and Conditions from time-to-time.  If such a change is made, Gems will post the revised Terms and Conditions on the Site.  Gems reserves the right to add to or change the Site or cease offering the Site (or any Content or Services on the Site) at any time and without liability.  Gems reserves the right to refuse to offer access to the Site to anyone at anytime without notice.
 

The Terms and Conditions constitute the entire agreement between you and Gems relating to the Site.  There is no agency, partnership, joint venture, employee-employer or physician-patient relationship between any user and Gems arising solely through the use of the Site.  The Terms and Conditions are binding upon your successors, assigns, heirs and executors.  If any provision of the 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 the Terms and Conditions, which shall remain in full force and effect.  The failure of Gems to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition.  Any claim or cause of action arising out of or related to the Site or the Terms and Conditions must be filed within one year after such claim or cause of action arose.  The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.

FTC alert for dentists using testimonials in their advertising: the FTC has changed its stance via new guidelines on the use of testimonials in advertising as of December 1, 2009 Although it may still be possible to use testimonials in advertising, it's important to read and understand the regulations or better yet speak with an attorney who is well versed with FTC law so that they may guide you in the proper use (if any) of testimonials in your advertisements.

YOUR USE OF THE SITE INDICATES THAT YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THE SITE.

We automatically collect information about your Internet connection, including but not limited to:

• The name of the Internet domain you used to access the Internet;
• The IP address of the web site from which you linked directly to our Site;
• The date and time you accessed our Site; and
• The pages you visited.

This information (“Non-Personal Information”) does not identify you personally. We use this Non-Personal Information to monitor the effectiveness of the Site and to consider potential improvements to the Site.

We request that you provide certain personally identifiable information (“Personal Information”) to register for access to the Subscriber-only portions of the Site. We request that you provide contact information, including but not limited to your name, address, e-mail address, and phone number. Providing such information through the Site is voluntary, and by providing such information, you consent to our collection and use of it, as described in this Privacy Policy. We do not collect any Personal Information about you when you visit the Site unless you give us that information. You may choose not to provide Personal Information via the Site, and you may choose not to participate in the Site.

When using the Site, you may provide the Personal Information of patients or other people, including, without limitation, their photographs or other identifying information. Some of this Personal Information may be Protected Health Information (PHI) under HIPAA or any applicable state laws or regulations. We use and disclose PHI only as permitted by law. You may choose not to provide any Personal Information of patients or other people through the Site. Please see the Terms and Conditions of use for further information on compliance with HIPAA and applicable state laws.

You agree that, to the extent required and/or appropriate, you are responsible for obtaining any authorizations, informed consents, institutional or privacy board approvals and/or other required approvals (collectively “Patient Approvals”) prior to submitting PHI to the Site, and, upon our request, you agree to present redacted copies of the Patient Approvals to Gems. By posting PHI to this Site, you represent and warrant that you have obtained and maintain a copy of an appropriate Patient Approval that complies with HIPAA and applicable state law, and that permits the disclosure, copying and distribution of the information through any media and use and disclosure of PHI as set forth in the Terms and Conditions and Privacy Policy.

You agree that we may use the PHI in any lawful manner and that we will not return the PHI to you after you submit it except as required by law. To the extent required, you have informed patients that the PHI will not be returned and/or expunged and that it may be used and disclosed in accordance with these Terms and Conditions and the Privacy Policy.

We request that you provide your credit card information (“Credit Card Information”) to purchase a subscription to the Site or to purchase goods and services marketed through the Site. We collect Credit Card Information and use it only to process such transactions. Providing such information is voluntary, and by providing such information, you consent to our use of it, as described in this Privacy Policy.
 

We use Personal Information obtained from you to display your contact information to other Subscribers of the Site via the Directory. We also use your Personal Information to administer your participation in the Site and to communicate information we think may be of interest to you. We may also use your information to obtain information about you and/or others from various third parties. By providing Personal Information, you agree that we may use it in accordance with this Privacy Policy. You also understand that other users of the Site may access and use your Personal Information and that we have no control over their use of your Personal Information and are not responsible for their use of your Personal Information. We may use your Personal Information to provide aggregate statistics about our users, traffic patterns, and related site information to our sponsors and partners.
 

Through display, we disclose your Personal Information to other Subscribers of the Site. We may use third party service providers and suppliers to facilitate the Site and the services we provide, and they may have access to Personal Information. From time to time, we may share your Personal Information with and sell your Personal Information to other companies with whom Gems does business. In addition, we may buy or sell business assets or be acquired by or acquire other organizations. In such transactions, Personal Information generally is one of the transferred business assets. In addition, in the event we merge or consolidate with another institution, Personal Information may be transferred to the successor entity. We may also disclose Personal Information if we are required or requested to do so by law.
 

The use of cookies enables us to enhance your visits to the Site. Cookies are alphanumeric identifiers that are transferred to your computer's hard drive through your web browser. The help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, but this may limit your ability to use some features of the Site. Cookies enable us to recognize your browser and provide features that are tailored to your needs.
We may use information from cookies for purposes of planning and tracking, as well as assessing the technical function of the Site. We may also use cookies to track information about which pages you visit within the Site to help us gauge the effectiveness of the Site or our content.
 

We may provide links on the Site to other sites of interest or to sites that perform services for us. We do not review or endorse the content of these sites or guarantee that they will abide by this Privacy Policy. Your use of such linked sites is subject to the terms and conditions and privacy policies of the providers of those sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each Site that collects Personal Information or Credit Card Information.
 

While we strive to protect your information through security measures on our system, such security cannot be guaranteed. Consequently, we do not insure or warrant the security of information you transmit, and you do so at your own risk.
 

We do not offer or provide products and services for children. If you are under eighteen (18) years of age, you may not use our Site. We do not intend to collect Personal Information from children. If your child has submitted Personal Information and you would like to request that such information be removed, you may contact us via one of the contact methods described on the Site and we will promptly remove such information and shall not use such information or include it in Gems’ database. Users under the age of eighteen and their parents or guardians are advised that any Personal Information voluntarily entered by children may be available for public access until Gems becomes aware that a user is under the age of eighteen and has had a reasonable opportunity to remove the information from the site.
 

You may review your information at any time by logging into the Site. You may make changes to the information you have submitted at any time through the Site. You may contact Gems via one of the contact methods described on the Site if you wish to discuss any issues regarding your information.
 

We may change this Privacy Policy from time-to-time. If we do make a change, we will post the revised Privacy Policy on this Site. We encourage you to review this Privacy Policy periodically. Questions, comments or complaints about our privacy policies should be submitted to us via the methods described on the Site.