Welcome to https://jamesvansicklendds.com (the “Website”), operated by James Van Sicklen, DDS (“we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Website and any related services we provide (collectively, the “Services”). By using or accessing our Website, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Website.
1. Acceptance of Terms
By accessing or using the Website, you acknowledge that you have read, understand, and agree to be bound by these Terms, as well as our Privacy Policy (collectively, the “Agreement”). If you do not accept and agree to these Terms, you are not permitted to access or otherwise use the Website.
2. Modifications to Terms
We reserve the right to revise these Terms at any time. Any changes will be effective upon posting of the updated Terms to the Website. Your continued use of the Website following the posting of changes constitutes your acceptance of such changes. Please check this page periodically for updates.
3. Privacy Policy
Your use of the Website is also subject to our Privacy Policy. Please review our Privacy Policy, which describes how we collect, use, and disclose information that pertains to your privacy. By using the Website, you agree to our Privacy Policy as well.
4. Eligibility
You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use the Website. By using the Website, you represent and warrant that you meet the eligibility requirements. If you do not, you must not access or use the Website.
5. Intellectual Property Rights
- Ownership: The Website, including all text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and other materials (collectively, the “Content”) is owned by or licensed to us and is protected by applicable intellectual property laws.
- Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Content for your personal, non-commercial use. You may not reproduce, distribute, modify, transmit, publicly display, publicly perform, create derivative works from, or otherwise use any of the Content for any commercial purpose without our express written permission.
- Trademarks: All trademarks, service marks, and trade names (collectively, the “Marks”) that appear on the Website are proprietary to us or the respective owners of such Marks. You may not display or reproduce the Marks without our prior written consent, and you may not remove or otherwise modify any trademark notices from any Content.
6. Use of the Website
- Lawful Purposes: You agree to use the Website and Services only for lawful purposes and in accordance with these Terms and all applicable laws and regulations.
- Accurate Information: When providing any information through the Website, you agree to provide true, accurate, current, and complete information about yourself.
- Account Security: If you create an account or otherwise interact in a manner requiring login credentials, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
7. Prohibited Conduct
You agree not to:
- Use the Website for any unlawful purpose or in violation of any local, state, national, or international law or regulation.
- Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available.
- Engage in any data mining, scraping, crawling, or use of robots or similar data-gathering or extraction methods.
- Upload or transmit any virus, worm, Trojan horse, malware, or other harmful computer code that may damage the operation of the Website or any user’s device.
- Attempt to gain unauthorized access to any part of the Website, other accounts, or computer systems or networks connected to the Website.
8. Third-Party Links and Services
The Website may contain links or references to third-party websites, services, or resources that are not owned or controlled by us. We are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, services, or other materials on or available from such third parties. Your use of third-party resources is at your own risk and subject to the terms and conditions of those third parties.
9. Disclaimer of Warranties
- As-Is Basis: The Website and all Content, services, and products provided through it are offered on an “as is” and “as available” basis, without warranties of any kind, express or implied.
- No Warranty: We expressly disclaim any warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. We do not guarantee that the Website will be free from errors, viruses, or other harmful components, or that any defects will be corrected.
- Medical Disclaimer: Any health-related information provided on the Website is for general informational and educational purposes only and does not substitute for professional dental or medical advice. Always consult your qualified healthcare professional for specific recommendations and treatment.
10. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall we or our officers, directors, employees, agents, or affiliates be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or related to your use of or inability to use the Website or Services, even if we have been advised of the possibility of such damages. Our total liability to you for all claims arising from or related to these Terms or your use of the Website shall not exceed the total amount (if any) paid by you to use our Services in the preceding twelve (12) months.
11. Indemnification
You agree to defend, indemnify, and hold harmless James Van Sicklen, DDS and its affiliates, officers, agents, employees, and partners from and against any and all losses, liabilities, claims, damages, demands, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of the Website or Services, your violation of these Terms, or your violation of any rights of a third party.
12. Governing Law and Dispute Resolution
These Terms and the relationship between you and us shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the state or federal courts located in San Joaquin County, California, and you consent to personal jurisdiction and venue in such courts.
13. Termination
We reserve the right, in our sole discretion, to suspend or terminate your access to the Website and Services at any time and for any reason, including any violation of these Terms. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the use of the Website and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein.
15. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. Contact Us
If you have any questions, concerns, or comments regarding these Terms, please contact us at:
James Van Sicklen, DDS 1372 W Robinhood Dr Ste E, Stockton, CA 95207 [email protected] (209) 951-3436
Effective Date: January 1, 2025
By continuing to use the Website, you signify your acceptance of these Terms of Use. If you do not agree, please discontinue your use of the Website.