You must read and accept all of the terms and conditions of this Agreement before you use any of the Services. You agree that the terms of this Agreement, and any notices or amendments made pursuant this Agreement, apply whenever you access or use the Services. If you do not agree to be bound by this Agreement, do not submit any information and do not access, view, download, or otherwise use any of the Services.
This Agreement includes Propel Orthodontics’ policy for acceptable use of the Services and content posted on or through the Services and your rights, obligations and restrictions regarding your use of the Services and content posted on or through the Services. In order to make use of some Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Propel Orthodontics and those additional terms are hereby incorporated into this Agreement unless otherwise provided.
At any time that you believe you are entitled or obligated to terms and conditions different from this Agreement and wish to use, or continue use, of the Services, you agree to notify us promptly with detailed written notice at least thirty (30) calendar days before you begin such use, or re-use, of the Services in a manner contrary to this Agreement, so Propel Orthodontics can assess and act to the extent we deem necessary.
Content and Access
If you give information or content to Propel Orthodontics, you hereby grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable (including through multiple tiers), fully paid-up and royalty-free right to Propel Orthodontics and its affiliates to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, use and commercialize, in any way now known or in the future discovered, anything that you submit, without any further consent, notice and/or compensation to you or to any third parties. By submitting information, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. We do not control or verify the content you or others submit. Therefore, you agree that we provide the information and data included in the Services “AS IS.”
To facilitate the Services, we may access third party websites. You acknowledge and agree that we may not have any relationship, affiliation or connection with any third party websites. We may not endorse them, and such websites may not endorse Propel Orthodontics. We assume no liability for the acts, omissions and decisions of any third party website.
When you sign up to become a Registered User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You agree not to use the account, username, or password of another Registered User at any time or to disclose your password to any third party.
Conditioned upon your compliance with this Agreement, we grant you a revocable, nonexclusive, nonassignable and non-sublicensable, right to access and use the Services solely as they may exist and may be available at any given point in time. We reserve all rights not expressly granted herein. We reserve the right to add or discontinue information or Services at any time and in our sole discretion. You agree to use any information derived by you from the Services in a legal and respectable manner solely to develop relationships. You agree that you shall only use the Services to help further your network and for no other purpose.
Your use of the Services, including any software related thereto, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities.
Propel Orthodontics authorizes you to view and download the materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose.
This Site, and the materials at this Site, including trademarks, service marks, trade names and products (“items”), are the property of Propel Orthodontics, its parent, affiliates and/or licensors, and are protected from unauthorized use and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. No use of any of these materials may be made without the prior written authorization of Propel Orthodontics except to identify the products of the company. Identification should be in the proper format according to local statutes and rules.
Propel Orthodontics may modify these Terms at any time, and such modifications will be effective immediately upon posting the modified terms. Your continued access or use of the website after a modification will be deemed your conclusive acceptance of the modified Terms. Propel Orthodontics may also monitor and remove postings and discontinue site availability at any time without notice.
IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT AUTHORIZED TO USE OR ACCESS THE SERVICES, AND ARE EXPRESSLY FORBIDDEN FROM ACCESSING OR USING THE SERVICES. IF YOU ARE BETWEEN AGES 13 AND 18 YOUR LEGAL GUARDIAN OR PARENT MUST ACCEPT TERMS OF THIS AGREEMENT.
You represent and warrant that you (i) have read this Agreement in its entirety, (ii) are over the age of 13, (iii) if between ages 13 and 18 your legal guardian or parent read and accepted the terms of Agreement, (iv) have not been previously suspended or removed from Propel Orthodontics, (v) are not prohibited from receiving U.S. origin products, including services or software, and (vi) have the full power and authority to agree to the terms and conditions of this Agreement.
You agree that you are solely responsible to provide all of the equipment and software necessary to connect to Propel Orthodontics. You agree to be solely responsible for activity performed under your username, except for any activity occurring after (i) you notify Propel Orthodontics in writing (email@example.com) of a breach and provide Propel Orthodontics time, consistent with our practices, to close the account, or (ii) prove that such security was compromised solely as a result of our systems.
Prohibited Content and Activity
The following are examples of the kind of Content and/or activity that is illegal or prohibited to post on or through Propel Orthodontics. Propel Orthodontics reserves the right to investigate and take appropriate legal action against anyone who, in Propel Orthodontics’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Services, terminating the Registered Usership of such violators, reporting you to law enforcement authorities. Prohibited Content and/or activity includes, but is not limited to:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- publicly posts information that poses or creates a privacy or security risk to any person;
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without prior written consent from Propel Orthodontics such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph or video of another person that you have posted without that person’s consent;
- for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Registered User to buy or sell any products or services through the unauthorized or impermissible use of the Services. In order to protect our Registered Users from such advertising or solicitation, Propel Orthodontics reserves the right to restrict the number of emails which a Registered User may send to other Registered Users in any 24-hour period to a number which Propel Orthodontics deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Propel Orthodontics, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Propel Orthodontics $50 for each such unsolicited email or other unauthorized commercial communication you send through the Services;
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- covering or obscuring the banner advertisements on your personal profile page, or any Propel Orthodontics page via HTML/CSS or any other means;
- any automated use of the system, such as, but not limited to, using
scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
- impersonating or attempting to impersonate another Registered User, person or entity;
- using the account, username, or password of another Registered User at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
- using the Services in a manner inconsistent with any and all applicable laws and regulations.
- violate any laws, third party rights, or our policies;
- “scrape,” “crawl” or “spider” any web pages contained in the Website;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- distribute viruses or any other technologies that may harm Propel Orthodontics, the Services, or our users;
- copy, modify, or distribute rights or content from the Service;
- seek to undermine or override any security component of the Services;
- intentionally interfere with our Services;
- impersonate another identity or otherwise misrepresent your qualifications, history or background;
- remove any copyright, trademark or other proprietary notice from the Services;
- use the Services to send, or cause to be sent, (whether electronic or not) any spam, chain letters, pyramid letters, mass mailings or junk mail; or
- use any information obtained from our Services to harass, abuse or harm anyone.
Although Propel Orthodontics considers the conduct above inappropriate, you are aware and agree that you may be exposed to materials and/or activities of this nature and that you use the Services at your own risk.
You hereby agree to indemnify and hold harmless Propel Orthodontics and its affiliates, and their employees, managers, members, officers and related parties, from any damages, losses and costs (including, but not limited to, reasonable attorneys’ and expert fees) related to claims, charges or investigations, caused by or resulting from (a) our access of third party websites, on or for your behalf, or by Propel Orthodontics to provide you the Services, (b) any breach of this Agreement, by you, (c) any submission by you that violates third party rights or applicable laws, (d) any use of the Services by you in violation of the law, and (e) any other any activity in which you engage on or through Propel Orthodontics.
Disclaimer and Limitation of Liability
Do not rely on the Services or any information therein. Do not assume we will be able to provide you identical information in the future. All information is provided “AS IS” and on an “AS AVAILABLE” basis. We do not guarantee the Services will function without interruption or error. We do not make any representations or warranties to you, express or implied, and to the fullest extent permissible disclaim such.
We do not verify the identity of persons subscribing to the Services nor do we monitor every user’s every activity with respect to the Services. THEREFORE, WE DECLINE ALL LIABILITY FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION. If you are dissatisfied or harmed by Propel Orthodontics or the Services, you may terminate the Services. SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
Propel Orthodontics is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services and such User Content does not necessarily reflect the opinions or policies of Propel Orthodontics. Profiles and third party applications created and posted by Registered Users on the Propel Orthodontics may contain links to other websites. Propel Orthodontics is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Propel Orthodontics. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by Propel Orthodontics. When you access these third-party sites, you do so at your own risk. Propel Orthodontics is not responsible for third party advertisements or third party applications that are posted on or through the Services, nor for the goods or services provided by its advertisers. Propel Orthodontics is not responsible for the conduct, whether online or offline, of any User of the Services. Propel Orthodontics assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Registered User communication. Propel Orthodontics is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Propel Orthodontics be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any User Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and Propel Orthodontics expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Propel Orthodontics cannot guarantee and does not promise any specific results from use of the Services.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM YOUR USE OF THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE, OUR EMPLOYEES, SHAREHOLDERS OR DIRECTORS BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF AN AGGREGATE OF $100, IRRESPECTIVE OF THE LEGAL THEORY OR CLAIM PURSUANT TO WHICH SUCH LIABILITY ARISES.
The limitations of liability set forth in this Agreement do not apply to the extent otherwise mandated by applicable law that cannot be derogated from in this Agreement.
Limits on Accuracy
This Site was developed as a service by Propel Orthodontics to provide information about its products and services. Information is believed to be accurate at the time it is created. However, like any printed material, information may become outdated over time. Information on this Site may contain technical inaccuracies or typographical errors. There may also be improvements or changes in the products and services described in this Site at any time without notice. Propel Orthodontics will use reasonable efforts to include accurate and up-to-date information on the website but Propel Orthodontics makes no warranties or representations as to the accuracy or completeness of such information. You agree that your access to and use of this Site is at your own risk.
Amendments, Termination and Suspension
We may modify, supplement or replace the terms of this Agreement, effective upon posting at Propel Orthodontics or by otherwise notifying you. By continuing to use the Services after notice of such changes or after such changes have been published on Propel Orthodontics, you thereby consent to such modification and/or amendment to this Agreement.
We may terminate the Services and this Agreement for any or no cause, with or without notice. We may at our sole discretion terminate or suspend your account to the Services at any time, and we may prohibit you from accessing and/or using the Services.
Choice of Law and Arbitration
This Agreement and any disputes arising out of or relating to the Services (“Disputes”) shall be governed by New York law, excluding conflicts of law principles. Any Disputes shall be resolved by final and binding arbitration before a single arbitrator under the rules and auspices of the American Arbitration Association, to be held in Westchester County, New York in English, with a written decision and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY.
Severability. If any provision of this Agreement is held invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of this Agreement.
No Waivers. Propel Orthodontics’s failure to act with respect to a breach by you or others does not waive its right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Propel Orthodontics Affiliate shall be deemed legally binding on Propel Orthodontics or any Propel Orthodontics Affiliate, unless documented in physical writing, hand signed by a duly appointed officer of Propel Orthodontics.
Notices. We may notify you via postings on www.6-Degreesonline.com, via email, or any other means of communication. You may also notify Propel Orthodontics via email at customerservice@6-Degreesonline.com, any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Assignment and Delegation. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially and you hereby consent to such assignment or delegation in advance. We may also substitute, by way of unilateral novation, effective upon notice to you in lieu of Propel Orthodontics, any third party that assumes our rights and obligations under this Agreement. You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.