Last Modified: 12 October 2018
For the avoidance of doubt, the Forum Terms incorporate all obligations under the Terms. You are responsible for reading and understanding the Terms, as well as ensuring that any content, materials, comments, or other information (“User Contributions”) comply with the Terms. The Forum Terms include additional terms specific to your use of the Forum.
1. Purpose of the Forum
The Forum provides a positive, cooperative environment for providers of 6MS short-term orthodontic products (“Providers”) to discuss treatment ideas, concepts, innovations, and thoughts. It is not a public forum in which products or companies in competition with 6MS may be promoted or referenced. The goal is to enhance the spirit of camaraderie already present within the 6MS community and to foster a spirit of continuous improvement.
The Forum is designed for Providers to express their own thoughts and opinions or ask questions about 6MS products and services. The thoughts and opinions expressed herein (including from Providers and independent Six Month Smiles Clinical Instructors and Mentors) are the thoughts and opinions of the participants and not those of 6MS. 6MS does not endorse or support any posted thoughts or opinions or guarantee the accuracy of any of the information or materials appearing on the Forum.
THIS FORUM DOES NOT PROVIDE MEDICAL ADVICE. THE CONTENTS OF THE FORUM ARE MADE AVAILABLE TO YOU FOR INFORMATIONAL PURPOSES. THE FORUM DOES NOT PROVIDE MEDICAL DIAGNOSES OR ADVICE. IN NO EVENT WILL WE BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE FORUM.
The Forum is intended for Providers having completed the Level 1 Six Month Smiles Seminar who maintain an active license to practice dentistry and/or orthodontics in at least one jurisdiction. Providers must maintain an active license to practice dentistry and/or orthodontics and remain a Provider in good standing with 6MS to continue to use the Forum. By using the Forum or “clicking through” any acceptance button presented to you on the Forum, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet these eligibility requirements, you must not access or use the Forum. 6MS reserves the right to block, disable, or remove any Providers from the Forum that fail to meet these eligibility requirements or if, in our opinion, you have violated any provision of these Forum Terms.
When you register your Provider Resource Center Account, you will be asked to create a username and password. You are responsible for all activities occurring under your username, including the content you post to the Forum, and for keeping your password secure. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
3. Prohibited Uses
You may use the Forum only for lawful purposes and in accordance with these Forum Terms. You agree not to use the Forum in any of the following ways:
Additionally, you agree not to do any of the following:
If you wish to make any use of material on the Forum other than those permitted uses set out in this Section, please address your request to firstname.lastname@example.org.
At no time are you permitted to post, upload, or otherwise share or disclose the personal data, including health information, of your patients via the Forum. Personal patient data includes, but is not limited to, first and/or last name, address, age, gender or biological sex, birthdate, medical history, radiographs, dentitions and digital tooth renderings, and any other information that may be considered personal data under applicable privacy laws (“Patient Data”).
Posting Patient Data to the Forum is a violation of the Forum Terms and grounds for immediate removal from the Forum. Furthermore, 6MS reserves the right to revoke your ability to provide 6MS products and services, at its sole discretion, for violations of this Section.
6MS is not liable for any Patient Data you post to the Forum in violation of the Forum Terms and/or applicable privacy laws, including the Health Information Portability and Accountability Act (HIPAA) and the General Data Protection Regulation (GDPR). YOU WAIVE AND HOLD HARMLESS 6MS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS, INVESTIGATIONS, SETTLEMENTS, OR LEGAL, REGULATORY, OR ADMINISTRATIVE PROCEEDINGS AND RESULTS, INCLUDING FINES, JUDGMENTS, SANCTIONS, CONSENT DECREES, OR OTHER SUCH OUTCOME RESULTING FROM YOUR VIOLATION OF THIS SECTION AND/OR APPLICABLE LAW.
5. User Contributions
The Forum allows you to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Forum.
All User Contributions must comply with the Content Standards set out in Section 6 of these Forum Terms.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not 6MS, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Forum.
6. User Contribution Content Standards
These content standards apply to any and all User Contributions you post directly to the Forum. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
7. Monitoring and Enforcement
We do not undertake to review User Contributions before they are posted to the Forum; however, we reserve the right to monitor the Forum for compliance with the Terms and to take any enforcement action we deem necessary to ensure that all Providers and end users of the Forum, as well as the User Contributions posted by such Providers and end users, conform to the Terms.
To exercise this right, 6MS may, without notice to you:
We cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Forum. YOU WAIVE AND HOLD HARMLESS 6MS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
8. Limitations on Use
The Forum is not open to the general public and may only be used and accessed by Providers or authorized end users within a Provider’s practice. No content, information, or materials, including emails, from the Forum may be forwarded, copied, faxed, transmitted, published, disseminated, or sold without the permission of the author and 6MS. 6MS reserves the right, at its sole discretion, to immediately remove any Providers or end users from the Forum that violate this limitation of use.
9. License Grant
Any User Contribution you post to the Forum will be considered non-confidential and non-proprietary. By providing any User Contribution on the Forum, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You agree to permit any other user with access to the Forum to access and view your User Contributions for that other user’s personal use or otherwise in connection with the use of the Forum.
10. Changes to Forum Terms
11. Intellectual Property Rights
The Forum and its entire contents, features, and functionality (including but not limited to all information, headers, stories, software, text, displays, photos, images, tearsheets, video and audio, and the design, selection and arrangement thereof), are owned by 6MS, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Forum Terms permit you to use the Forum for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Forum.
If you take any action in breach of these Forum Terms, your right to use the Forum will cease immediately and you must, at our option, return or destroy any copies of materials you have made. No right, title or interest in or to the Forum or any content via the Forum is transferred to you, and all rights not expressly granted are reserved by 6MS. Any use of the Forum not expressly permitted by these Forum Terms is a breach of these Forum Terms and may violate copyright, trademark and other laws.
The 6MS name, the terms Six Month Smiles, Lucid Lok, Frequent Smiler Program, Frequent Smiler Rewards Program, Orthoflow, Orthomax, Confidex Predictable Digital Treatment Planning and CONFIDEX™, the 6MS logo and all related names, logos, product and service names, designs and slogans are trademarks of 6MS or its affiliates or licensors. You must not use such marks without the prior written permission of 6MS.
Certain products, services or company designations for companies other than 6MS may be mentioned in the Forum for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on the Forum are the trademarks, registered or unregistered, of their respective owners.
13. Reliance on Information Posted
The information presented on or through the Forum is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Forum, or by anyone who may be informed of any of its contents.
The Forum does not provide medical diagnoses or provide dentistry or medical advice. Any services or materials provided by 6MS via the Forum to you is factual information or documentation for use by you in creating or evaluating the effectiveness of a proposed treatment plan and/or use of 6MS products or services. These services or materials are not a substitute for dental or medical advice, and you have the sole responsibility for evaluating whether a treatment plan and/or the use of 6MS products and services is appropriate for a specific patient.
The Forum includes content provided by third parties, including materials provided by other Providers and end users. All statements and/or opinions expressed in these materials and all other content, other than the content provided by 6MS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials are for informational purposes only and should not be construed as dentistry or medical advice. Furthermore, these materials do not necessarily reflect the opinion of 6MS. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
In no event will 6MS be liable for any decision made or action taken in reliance upon the information provided, including information provided by other users, through this Forum.
14. Changes to the Forum
We may update the content on the Forum from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Forum may be out of date at any given time, and we are under no obligation to update such materials.
15. Information About You and Your Visits to the Forum
16. Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services or features of the Forum. All such additional terms and conditions are hereby incorporated by this reference into these Forum Terms.
17. Other Third-Party Services
Additionally, the Forum may contain services and functionality provided by third parties. The use of such services or functionalities may be subject to additional terms and conditions provided by such third parties, and we have no control over such terms and conditions. By using the Forum, you acknowledge that your use of such third-party services is subject to the terms and conditions of use for such third parties, over which we have no control.
18. Links from the Forum
If the Forum contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Forum, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
19. Electronic Communications
When you send emails or other electronic messages to us or in connection with the Forum, you are communicating with us electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
20. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Forum will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Forum for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE FORUM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FORUM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE FORUM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE FORUM IS AT YOUR OWN RISK. THE FORUM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE FORUM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER 6MS NOR ANY PERSON ASSOCIATED WITH 6MS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE FORUM. WITHOUT LIMITING THE FOREGOING, NEITHER 6MS NOR ANYONE ASSOCIATED WITH 6MS REPRESENTS OR WARRANTS THAT THE FORUM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FORUM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE FORUM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE FORUM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FORUM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
6MS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21. Limitation on Liability
IN NO EVENT WILL 6MS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE FORUM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE FORUM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FORUM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless 6MS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Forum Terms or your use of the Forum, including, but not limited to any use of the Forum’s content, User Generated Content, Interactive Services and other services and products, other than as expressly authorized in these Forum Terms, or your use of any information obtained from the Forum.
22. Governing Law and Jurisdiction
All matters relating to the Forum and these Forum Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Forum Terms or the Forum shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Dallas and County of Dallas, although we retain the right to bring any suit, action or proceeding against you for breach of these Forum Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At the 6MS’s sole discretion, it may require you to submit any disputes arising from the use of these Forum Terms or the Forum, including disputes arising from or concerning their interpretation, violation, invalidity, nonperformance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
24. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE FORUM TERMS OR THE FORUM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
25. Waiver and Severability
No waiver by 6MS of any term or condition set forth in these Forum Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of 6MS to assert a right or provision under these Forum Terms shall not constitute a waiver of such right or provision.
If any provision of these Forum Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be, in the first instance, reformed or limited to the minimum extent such that the relevant provision is enforceable, and the remaining provisions of these Forum Terms will continue in full force and effect. If such reformation or limitation cannot cure the deficiency of such provision, it shall be eliminated from these Forum Terms and the remaining provisions of these Forum Terms will continue in full force and effect.
26. Entire Agreement
27. Your Comments and Concerns
The Forum is operated by SMS OpCo, LLC, 6270 Morning Star Drive, Suite 120, The Colony, Texas, 75056, USA.
All notices regarding copyright, as well as all other feedback, comments, requests for technical support, and other communications relating to the Forum should be directed to email@example.com.