Terms of Use

By using Irwin Malitz DDS and Associates website or other Irwin Malitz DDS and Associates Services (“Irwin Malitz DDS and Associates”), you agree to be bound by the following terms and conditions (the “Terms of Service”). As used in this agreement. Content Linked to by Irwin Malitz DDS and Associates The sites linked to by Irwin Malitz DDS and Associates are developed by people over whom Irwin Malitz DDS and Associates exercises no control. Irwin Malitz DDS and Associates cannot and does not screen the sites before including them on the site. Personal Use Only The Irwin Malitz DDS and Associates are made available for your personal, non-commercial use only. You may not use the Irwin Malitz DDS and Associates to sell a product or service. Changes In Terms and Conditions and Irwin Malitz DDS and Associates Search Service We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. Intellectual Property Policy It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Some logos and images including our tooth brush smile logo are copyrighted and can not be duplicated or used in any shape or form that may appear similar or which may tarnish our brand. If you want to display our logo on your site you must obtain specific permission before doing so.

Disclaimer of Warranties

Irwin Malitz DDS and Associates disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Irwin Malitz DDS and Associates website. Irwin Malitz DDS and Associates disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Irwin Malitz DDS and Associates disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Irwin Malitz DDS and Associates website. If a form fails to reach us we will not be held liable for this.

IRWIN MALITZ DDS AND Associates, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN IRWIN MALITZ DDS AND Associates ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. IRWIN MALITZ DDS AND ASSOCIATES AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IRWIN MALITZ DDS AND ASSOCIATES AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE IRWIN MALITZ DDS AND Associates. IRWIN MALITZ DDS AND ASSOCIATES AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE IRWIN MALITZ DDS AND Associates. IRWIN MALITZ DDS AND ASSOCIATES AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE IRWIN MALITZ DDS AND Associates OR RECEIVED THROUGH ANY LINKS PROVIDED BY IRWIN MALITZ DDS AND Associates, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE IRWIN MALITZ DDS AND Associates. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE IRWIN MALITZ DDS AND Associates AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL IRWIN MALITZ DDS AND ASSOCIATES OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE IRWIN MALITZ DDS AND ASSOCIATES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF IRWIN MALITZ DDS AND ASSOCIATES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE IRWIN MALITZ DDS AND ASSOCIATES, FROM INABILITY TO USE THE IRWIN MALITZ DDS AND ASSOCIATES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE IRWIN MALITZ DDS AND ASSOCIATES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE IRWIN MALITZ DDS AND ASSOCIATES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE IRWIN MALITZ DDS AND ASSOCIATES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE IRWIN MALITZ DDS AND ASSOCIATES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE IRWIN MALITZ DDS AND ASSOCIATES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE IRWIN MALITZ DDS AND ASSOCIATES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE IRWIN MALITZ DDS AND ASSOCIATES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Irwin Malitz DDS and Associates or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Irwin Malitz DDS and Associates.