Welcome to cdacompass.com and CDA.org (the “CDA Compass Site”, together with the other listed site, are the “Sites”), a resource for those practicing in, and interested in, the community of professional dental care providers primarily in the state of California. The Sites are operated by California Dental Association ("We," "Us," or "CDA").
Acceptance of Terms
The Sites are made available for exclusive use by dentists, those practicing in the Allied Dental Health Professions and those professionals with related interests. By using the Sites, you represent and warrant to CDA that you have the right, authority, and capacity to enter into, and abide by, the Terms.
Log In and CDA Compass Site Registration
You may visit the Sites as a guest without registering with the Sites (“Guest(s)”). Guests may view a tour of the Sites and may be permitted access to certain other designated content on the Sites, at the discretion of CDA.
A substantial amount of the content on www.cda.org is available only to members of CDA who have been supplied with user identification codes (“CDA Users”). Content on the CDA Compass Site is restricted to eligible individuals who have registered with the sites (“Compass Users”, with CDA Users, “Registered Users”).
With respect to the CDA Compass Site, if you are an individual who is a dentist but is not a member of CDA, an Allied Dental Health Professional (but not a member), you may register with the CDA Compass Site to become a registered visitor (“Registered Visitor”). Registered Visitors may have limited access to designated areas of the CDA Compass Site, at the discretion of CDA. If you are neither a dentist nor a member of the Allied Dental Health Professions, but are in a profession with interests related to dentistry, you may contact CDA to request status as a Registered Visitor of the CDA Compass Site, which CDA may grant in its sole discretion.
Guests, Registered Users and Registered Visitors are collectively referred to as “Site Users” in the Terms.
By registering with the Sites, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, CDA may reject your registration and terminate your right to use the Sites. You may terminate your registration at any time; however, the Terms shall remain in effect after termination of your registration for any reason.
When you register with the Compass Site, you will have the opportunity to personalize your experience with the Compass Site through your user profile (“User Profile”) where you can, among other things, select subscriptions to Site Content, modify your home page and select your screen name.
Use of the Sites and Site Content
The Sites include data, text, audio, images, photographs, graphics, video, messages, files or other materials (collectively, the “Site Content”). The Site Content may include certain materials which may be owned by third parties (“Third Party Content”) or may comprise Site User Content, as described below, and may be subject to terms and conditions in addition to the Terms (“Third Party Terms”). Third Party Terms may provide for payment and/or further restrictions on use or distribution.
The Site Content is presented solely for the purpose of providing Site Users information and materials for the personal use of Site Users. CDA is the sole interpreter of the Sites’ intended and acceptable use and purpose.
Certain material on the Sites is provided in form permitting Registered Users to download for their own use (“CDA Download Content”), subject to the terms and conditions for the use of such CDA Download Content set forth in these terms and conditions. No part of the Sites other than CDA Download Content and Third Party Content subject to Third Party Terms may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording. Without limiting the generality of the foregoing, you may not distribute any part of the Sites over any network, including, without limitation, a local area network, nor sell or offer it for sale. In addition, the Sites may not be used to construct any kind of database.
If you are a Registered user, CDA authorizes you to view, reproduce, download to your computer, and/or print, and display, view, listen to or download to your computer or your portable listening device, CDA Download Content, subject to the following conditions:
(a) CDA Download Content may be used only for your individual purposes, including your personal professional development and the operation of your dental practice.
(b) CDA Download Content may not be modified for distribution, except as to those portions specifically identified in the CDA Download Content, and audio and audio visual CDA Download Content may not be reproduced for distribution in copies to others.
(c) Copyright, trademark, and other proprietary notices may not be removed from the
CDA Download Content.
Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Sites or any Site Content through the use of framing, “deep linking,” use of a “robot,” “bot,” “spider,” “data mining” or similar automated method, or otherwise, except: (i) as expressly permitted by these Terms; or (ii) with the prior written permission of CDA or such third party that may own the trademark or copyright of the relevant material displayed on the Sites. This restriction does not apply to robots, bots, spiders or other similar automated methods to index the content of the Sites for use in connection with leading search engines and Internet directories.
CDA Classifieds is a directory of employment listings in the dental professional community. Users who seek candidates for employment or who seek employment by means of CDA Classified must agree to and comply with any terms and conditions applicable to CDA Classifieds as communicated to you by CDA.
CDA Online Store
Certain Site Users may purchase or otherwise request certain products and services offered by CDA by means of the Sites. Such purchases and requests are subject to the terms and conditions communicated by CDA at the time of purchase or order.
Site User Content
Each Site User is solely responsible for any data, text, or other materials which are transmitted, posted, or distributed by such Site User on or through the Sites, including without limitation posting on forums or blogs established or facilitated by the Sites (collectively, "Site User Content").
By submitting Site User Content:
- You agree not to knowingly post content that infringes in any way or violates any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party.
- You agree not to post content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or is otherwise objectionable, as determined by CDA in its sole discretion.
- You agree to submit Site User Content for only those purposes permitted on the Sites.
- You agree not to attempt to post submissions to sell or promote any products or services of third parties except as specifically permitted by an additional agreement between you and CDA, or to promote, solicit or participate in multi-level marketing or pyramid schemes.
- You agree to participate on the Sites honestly and in compliance with the law and the CDA Code of Ethics (found at http://www.cda.org/about_cda/cda_code_of_ethics). You are prohibited from impersonating any other person, including but not limited to, an agent, employee or officer of CDA. You may not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Sites or in connection with your use of the Sites, in any manner.
- You (a) grant to CDA a worldwide, irrevocable, transferable, royalty-free, perpetual, license, with the right to sublicense, to use, reproduce, modify, adapt, create derivative works from, distribute, perform, display, translate and publish your Site User Content and to identify you as the author, in whole or in part, in any form, media or technology, now known or hereafter developed, and (b) represent and warrant that you have sufficient rights in the Site User Content to grant such license.
- You agree that you will not use the Sites to invade the privacy or violate any personal or proprietary right of any person or entity. You also represent and warrant that your Site User Content does not contain confidential or proprietary information, including, without limitation, information with respect to patients.
- You agree that you will not submit or otherwise transmit any software or other material that contains a virus or other harmful code or device. You may not use the Sites to transmit or otherwise facilitate the transmission of spam or other multiple mailings.
- You agree to immediately notify CDA of any unauthorized use of the Sites of which you know or suspect.
- You agree that any violation of the Terms may result in termination of your privileges as a Site User, and legal action may also be taken.
You acknowledge that CDA is not responsible for Site User Content. CDA and its designees reserve the right at their sole discretion, but are not obligated, to refuse or remove any Site User Content, in whole or part, for any reason. CDA is not responsible for any removal of Site User Content or failure or delay in removing Site User Content.
By using the Sites you understand and agree that you may be exposed to Site User Content posted by others that you may find to be offensive, indecent or objectionable. Under no circumstances will CDA be liable in any way for any Site User Content, including, but not limited to, liability for any errors or omissions in any Site User Content or for any loss or damage of any kind incurred as a result of the use of any Site User Content posted, e-mailed or otherwise transmitted via the Sites.
Modifications to the Sites
CDA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites, or any part of the Sites, with or without notice and without cost. Furthermore, the Sites may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that CDA will not be liable to you or to any third party for any modification, suspension, malfunction or discontinuance of the Sites.
Intellectual Property Rights
The Sites and the Site Content are the property of CDA and its licensors, and are protected from unauthorized reproduction and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All other product names are trademarks or registered trademarks of their respective owners.
By using the Sites, you agree to defend, indemnify and hold CDA and its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Sites, including, without limitation, the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Site Content or other materials by you or others authorized by you. CDA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CDA in asserting any available defense.
You may be able to link to third parties' sites ("Linked Sites") from the Sites. CDA is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, including any additional links contained therein. A link to any outside site does not imply that CDA endorses or accepts any responsibility for the content or use of such a site, and any reference on the Sites to any third party or third party product or service should not be construed as an approval or endorsement by CDA of that third party or of any product or service provided by a third party.
It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under law related to the use of such Linked Sites and any content contained therein. In no event shall CDA be liable to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through the Linked Sites. CDA reserves the right, at its sole discretion, to remove, without notice, any link to any of the Linked Sites from the Sites.
Dealings with Advertisers and Site Users
Your correspondence or dealings with the operators of Linked Sites or Site Users through the Sites, including, without limitation, payment and delivery of related goods or services, are solely between you and such advertiser or Site User. You agree that CDA is not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or Site Users on the Sites.
Disclaimer of Warranties
SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ALL SITE USER CONTENT AND CDA DOWNLOAD CONTENT, PROVIDED ON THE SITES ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, CDA DOES NOT WARRANT THAT: (i) THE SITE CONTENT IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SITES OR THE SERVER(S) THAT MAKE EACH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES SHALL CDA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES OR THE SITE CONTENT, EVEN IF CDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CDA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED US $100 OR THE LOWEST AMOUNT PERMITTED UNDER APPLICABLE LAW.
Copyrights and Copyright Agent
If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access thereto) from the Sites by contacting CDA’s copyright agent (identified below) and providing the following information:
(a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g. URL) of an authorized version of the work.
(b) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
(c) Your name, address, telephone number and (if available) e-mail address.
(d) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
(e) A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
(f) A signature or the electronic equivalent from the copyright holder or authorized representative.
CDA’s agent for copyright issues relating to this web site is as follows:
CDA Practice Support Center
Telephone Number: 866.232.6362
CDA makes no representation that Site Content is appropriate or available for use outside the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms are governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Sacramento, California, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of California. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement, and CDA shall be entitled to seek injunctive relief or other equitable remedies from any court of competent jurisdiction.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. CDA may, at its sole discretion and without notice, revise these terms at any time by updating this posting. By accessing and/or using the Sites and any information and materials made available on or through the Sites, you agree that such activity will be subject to the then current Terms. You, therefore, should periodically visit this page to review the then-current Terms to which you are bound.
When coupled with material incorporated by reference herein (including without limitation the CDA Code of Ethics), this is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by CDA, as described above.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. All such attempted transfers, assignments, sublicenses or pledges are void.
For Additional Information
If you have any questions about the Terms, please contact CDA in writing at the following address:
CDA Practice Support Center
Telephone Number: 866.232.6362
California Dental Association
Telephone Number: 800.232.7645