Privacy and Terms of Use Policies

PRIVACY POLICY

Introduction and Overview

You have arrived at a web site that is provided by American Board of Pediatric Dentistry and/or its affiliated and subsidiary companies (collectively "ABPD" or “we” or “our” or “us” or “our”). 

 This Privacy Policy:

Please read this Privacy Policy carefully so that you understand our policies and practices regarding your information and how we will treat it.


If you do not agree with our policies and practices, including our use and disclosure of your Personal Information, please do not use our Site and do not provide us with any of your information.

By accessing or using the Site, you agree to the terms of this Privacy Policy and consent to our privacy practices described in this Privacy Policy, including our use and disclosure of your Personal Information as described in this Privacy Policy. 

This Privacy Policy may change from time to time. Your continued use of the Site after we make changes is deemed and treated as your acceptance of those changes, so please check the Privacy Policy periodically for updates.

Please note that we are located in the United States and any information you provide to us may be stored in the United States. If you are visiting a Site from the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that you are transferring information about you, including Personal Information, to a country and jurisdiction that does not have the same data protection laws as the European Union, and you consent to the transfer of information about you, including your Personal Information, to the United States and the use and disclosure of information about you, including your Personal Information, as described in this Privacy Policy and as allowed under the laws of the United States.

 

To the extent we provide you notice on our Site of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall also govern such data collection and use.

 

ABPD does engage third party service providers ("Service Providers") with whom your information may be shared. Service Providers have their own security policies and ABPD is not responsible for their conduct. Unless explicitly stated otherwise, any current, updated and new services shall be subject to this Privacy Policy. 

 

ABPD cares about online privacy. If you have any questions concerning this Privacy Policy, please contact us at:

5034 Thoroughbred Lane, Ste A,

Brentwood, TN 37027

info@abpd.org

1-800-410-12500

 

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.  However, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.  Unfortunately, the transmission of information via the internet is not completely secure and can potentially be intercepted or incorrectly routed. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Site. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on any Site. Please consider this before submitting any information to us or through the Site.

 

How we collect, use, disclose & otherwise manage your personal information.

 

Collection and Use of Information You Provide To Us.

 

We may ask you to provide us: (1) your first and last name, email address, home address, phone number, government issued identification or licensure numbers, credit and debit card numbers for payment or identification/authentication/verification purposes, date of birth or other information that could reasonably be used to identify you personally (hereinafter “Personal Information”); (2) information that is about you but individually does not personally identify you, such as educational information for professionals and other relevant information for those seeking referrals or inquiring about certification; and/or (3) demographic information, such as your zip code/postal code or country of origin (“Demographic Information”).

 

We may collect this information from you such as when you:

 

Your decision to provide this information is voluntary, but if you choose not to provide this requested information you may not be able to take advantage of all of the Site’s features or our services.

 

Information collected when you use the Site.

 

In addition to the information you choose to submit to us, we and/or our service providers may automatically collect and/or store certain non-personally identifiable information when you visit or interact with the Site or communicate with us by email (“Usage Information’).  This Usage Information may be stored and/or accessed from your personal computer, laptop, tablet, mobile phone or other device (a ‘Device”) whenever you visit or interact with our Site or communicate with us by email. 

 

Usage Information may include but is not limited to:

 

We may use various methods to collect and/or store Usage Information, such as:

 

These technologies (or ones we incorporate in the future) are used for a variety of purposes, including:

 

ABPD will not use Usage Information collected to market directly to you.  Usage Information may; however, be shared with third-parties to provide more relevant services and all users in the aggregate.

 

We will retain your Personal Information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws, and your consent to such purposes(s) remains valid during such time. When Personal Information is no longer needed or legally required, it will be permanently deleted or de-identified so that it can no longer be associated with a specific individual.

 

Location-Based Information

 

Our Site may use location-based services to verify your location, deliver you relevant content based on your location, as well as to share your location with our service providers as part of the location-based services we offer.  Further, we or our Service Providers may use your location information to make referrals to you. You have the ability to turn location-based services on and off by adjusting the settings of your Internet browser or mobile device.

 

Information We Collect From Third Parties

 

We may also receive information about you from your friends and other third parties  and combine or link that information with information we have about you. To the extent we combine information we receive from third parties with your Personal Information, the combined information, unless disclosed otherwise, will be treated as Personal Information under this Privacy Policy. In no other circumstances will this Privacy Policy apply to information we receive about you from third parties.

 

Information We Collect When You Interact with Third-Party Sites.

 

The Site may allow certain kinds of interactions between the Site and your account on a third-party site or application. The use of this functionality may involve the third-party site providing information, including Personal Information, to us. If you choose to use this functionality, the third-party site may send Personal Information about you to us. If so, we will treat this information as Personal Information under this Privacy Policy. In addition, we may provide links on the Site to facilitate sending a communication from the Site. For example, we may use third parties to facilitate communications from the Site. These third parties may retain any information used or provided in any such communications or activities and these third parties’ practices are not subject to our Privacy Policy. You should review the applicable third-party privacy policies before using such tools.

 

Information You Provide About a Third Party

 

You may send someone else a communication from the Site.  If so, the information you provide will be used to facilitate the communication and will not be used for marketing purposes unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Site, your email address, mobile number, name or username and message may be included in the communication sent to your addressee(s). Some of these tools may be third-party tools subject to third-party privacy policies.

 

How we use the information we collect

 

We may use your Personal Information, Demographic Information or Usage Information for a variety of business purposes, including, but not limited to the following:

 

 

Additionally, we may also collect, process, store and disclose certain registrant, candidate or diplomate information to research partners approved by the Board to conduct studies to assess the ABPD certification processes and/or for scientific research relating to dental care, the practice of dental care, and/or the education of dentists. Such information would be disclosed only to such approved research partners as agree to keep such information confidential.  We also collect, process, store, and disclose certain registrant, candidate or diplomate information, including without limitation unidentifiable examination outcomes, to Advanced Dental Education Programs (including to assess program performance). Such information would only be disclosed to such Advanced Dental Education Programs as agree to keep such information confidential. 


Sharing Information With Third Parties

 

When You Request We Share With Third Parties.

 

We may share information with third parties at your request. In the event we do so, all information we disclose will be subject to the privacy policies and practices of such third parties. In addition, the third parties may store, collect or otherwise have access to your information when you interact with their technologies, content or apps on our Site or link to them from our Site.

 

Third Parties Providing Services to ABPD.

 

We may use third party service providers to perform certain services, such as: (a) to assist us in e-commerce operations; (b) to manage a database of customer information; (c) hosting the Site; (d) designing and/or operating the Site’s features; (e) tracking the Site’s activities and analytics; (f) enabling us to send you special offers or perform other administrative services; (g) to allow you to participate in communications on/at the Site; and (h) other services designed to assist us in maximizing business activities. We may provide third parties with access to your information to carry out the services they are performing for us. Third-party analytics and other service providers such as Google Analytics may set and access their own technologies on your device and they may otherwise collect or have access to information about you. These service providers use the technology described above to help us analyze how users use the Site. We are not responsible for those third party technologies or activities arising out of them. However, some third parties may offer you certain choices regarding their practices. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.

 

Service Providers.

 

Some of our operations, may be managed by unaffiliated companies. These companies may have access to your personal information on a confidential basis only to the extent necessary to perform their functions.

 

Commerce.

 

If we ship materials to you, we will share your shipping information with our delivery Service Providers (United Parcel Service, FedEx, U.S. Postal Service, or other delivery companies we select).

 

To Protect the Rights of ABPD and our Users.

 

We may disclose your Personal Information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of ABPD or third parties (including through the enforcement of this Policy, our Terms of Use, and other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders).

 

Affiliates and Business Transfer.

 

We may share your information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Site and/or our Stores; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including during the course of any due diligence process.

 

Co-Administered Areas.

 

Certain areas of the Site may be provided to you in association with third parties (“Co-Administered Areas”) such as co-promotional partners and may require you to disclose Personal Information to them. Such Co-Administered Areas will identify the third party and indicate if they have a privacy policy that applies to their collection and use of your information. If you elect to register for services, communicate with such third parties or download their content or applications, you may be providing your information to both us and the third party. Further, if you sign-in to a Co-Administered Area with a username and password obtained on the Site, your Personal Information may be disclosed to the identified third parties for that Co-Administered Area.

 

Secure Commerce.

 

When you place orders on a Site, your order information, including your card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology works with your browser to encrypt your order information before transmitting it to our server.

 

We do not receive or distribute funds directly from or to you when you utilize the Site to purchase our services. We utilize a third party billing and payment processing gateway, who provides the infrastructure and security necessary to provide secure transmission of your credit card transaction data and their terms of service related to the transaction will govern the transaction. We can only accept credit cards for processing through our secured payment-processing gateway. Although we do not control the security environment for them and cannot make any guarantees regarding the secure processing of your credit card transaction data, we want to inform you that we require that our credit card processors are compliant with the Payment Card Industry Data Security Standard (“PCI DSS”). PCI DSS is the bankcard industry’s stringent security standard.

 

Information You Submit Publicly

 

User Content and Public Information.

 

Any information, communications, or material of any type or nature that you submit to us through a third party website including, but not limited to, any of our Sites or accounts contained on a social media platform or website such as Facebook, Instagram, LinkedIn, or Twitter, whether by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission” of “User Content”), is done at your own risk and without any expectation of privacy. By visiting any of our social media accounts, you are representing and warranting to us that you have reviewed the applicable social media platform’s or website’s privacy policy and terms of use and that you will abide by all such provisions contained therein. We cannot control the actions of the providers or the other users of any social media platform and we are therefore not responsible for any content or Submissions contained on such platforms. We do not guarantee the privacy and safety of these areas. We encourage you to be wary of providing any of your personal information in such public forums. The information you submit can be collected and used by people you do not know. Again, your use of these features and your Submissions are fully at your own risk.  Note that we or others may store, display, publish, distribute or otherwise use User Content online or offline in any media or format and may or may not attribute the User Content to you. Others may have access to this User Content and may have the ability to share it with third parties.

 

Name and Personal Information.

 

We may also publish your name and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for our organization’s activities. For full terms and conditions regarding User Content you submit, please review our Terms of Use.

 

Third Party Links and Data.

 

The Site may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Site are served to you. In addition, ABPD's Site may include links to services that are operated and controlled by third parties.

 

We are not responsible for the data collection and privacy practices employed by any of these third parties. For example, if you “click” on a link, the “click” may take you off the Site onto a different site. These other sites may independently collect data about you and may or may not have their own published privacy policies.

 

The inclusion of any link does not imply ABPD's endorsement of any other company, its websites, or its services. We have no control over such websites and therefore have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose and otherwise treat your personal information.

 

Third party Service Providers may need access to some of your personal information. In such cases, we only provide third party agents with the minimum amount of information needed to complete the requested service or transaction. We may also provide your information to our affiliated companies and successors. We reserve the right to provide third parties with aggregate statistics about our clients, traffic patterns and related site information. This data reflects Site usage patterns but does not contain personally identifiable information about any individual user.

 

Transfer of Information to the United States

 

Our Site is operated in the United States. If you are located outside of the United States, please be aware that information we collect will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Site or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the United States.

 

What Should Parents Know About Children

 

We understand the importance of protecting children’s privacy in the interactive world. We do not use the Site to knowingly collect Personal Information from children under the age of 13 without parental consent. If you are a child under 13 years of age, you are not permitted to use the Site and should not send any information about yourself to us through the Site.

 

In the event that we become aware that we have collected Personal Information from any child, we will dispose of that information in accordance with the Children’s Online Privacy Protection Act.

 

If you are a parent or guardian and you believe that your child under the age of 13 has provided us with information without your consent, please contact us at info@abpd.org, and we will take reasonable steps to ensure that such information is deleted from our databases.

 

Security

 

We use commercially reasonable physical, electronic, and managerial procedures and safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed 100% secure. As a result, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you provide us with your information at your own risk.  We have implemented various measures to monitor compliance with and enforce the elements in this Privacy Policy, however, we expressly disclaim the obligation to monitor such compliance. If you have a privacy related inquiry, complaint or dispute, please contact us at the postal address, telephone number, or e-mail listed in this Privacy Policy.

 

How Long Is My Personal Information Retained?

 

We will keep your Personal Information only as long as is commercially reasonable for the purposes described in the Privacy Policy or for any such period as may be required by applicable law.

 

Updating Your Information and Choices

 

You may update or correct information about you through the Site’s account registration forms or by contacting us:

If you have any questions about the Privacy Policy, or practices described in it, please direct your communication to the above email and/or address.

 

California Privacy Rights

 

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of the information disclosure provided by ABPD pursuant to Section 1798.83 of the California Civil Code, please contact us.

 

How to Contact ABPD.

 

You may contact us in one of the following ways:


Effective Date:  October 21, 2020


TERMS OF USE

Welcome to the American Board of Pediatric Dentistry website (the "Site"), the official website of the American Board of Pediatric Dentistry and its affiliated and subsidiary companies (collectively "ABPD" or “us” or “we”). ABPD encourages you to read carefully these Terms of Use and our Privacy Policy (collectively "Terms") before using the Site. These Terms describe the legal relationship between you (an individual, representing yourself, or if applicable, acting as legal representative for a company or other legal entity) ("you" or "your") and ABPD. ABPD provides web-based services and information to you subject to these Terms. 

 

These Terms apply to all of your access to and use of this Site.  By accessing, browsing and/or otherwise using the Site, you, your agents and authorized representatives are indicating that you have read and agree to follow and be bound by these Terms. Please read these Terms. If you do not agree to these Terms, do not access or use the Site.

 

Although ABPD may attempt to notify you when some changes are made to these Terms, we may modify these Terms at any time and from time to time in our sole discretion without notice to you. You should periodically review these Terms carefully in order to make sure that you are aware of the most current terms and conditions for the use of the Site because any use or viewing of the Site by you after any change to these Terms, whether or not you have reviewed the amended Terms, constitutes your acceptance of these Terms as changed. These Terms as amended from time to time shall remain in full force and effect anytime you use or access the ABPD Site.

 

You must be at least 13 years of age to use the Site. If you are between the ages of 13 and 18, you may only use the Site with the consent and involvement of your parent or legal guardian. By accessing, browsing and/or otherwise using the Site, you represent and warrant: (i) that you are at least 18 years of age or (ii) that, as parent or guardian, you agree to these Terms of Use and ABPD's Privacy and Security Policy and authorize your child who is between the age of 13 and 18 to use the Site, subject to your responsibility for their conduct.

 

Use of the Site

 

General

 

This Site may contain certain proprietary notices and intellectual property information, the terms of which must be observed. Information on the Site may contain technical inaccuracies or typographical errors. Information may be changed or updated at ABPD's discretion without notice.  ABPD does not warrant or represent that any information at the Site is either correct or current.

 

Information You Submit.

 

All information you submit to us shall be true, accurate and complete. No information or material provided to ABPD by you, or an agent working on your behalf, may (i) contain vulgar, obscene, threatening, or otherwise unlawful language or material; (ii) reasonably under the circumstances might be deemed threatening, abusive, harassing, tortuous, vulgar, hateful, or racially, ethnically, or otherwise offensive or discriminatory; (iii) be tortuous, defamatory, libelous, invasive of another person’s privacy, or violate another person’s publicity rights; (iv) bear any false, disguised, or misleading origin; or (v) be confidential and you do not have a right to disclose. By sending content, information or material, you grant ABPD an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and/or distribute materials or information, and you represent and warrant that you own or otherwise control all of the rights to such information or materials and that ABPD is free to use ideas, concepts, know-how or techniques that you send us without any compensation or acknowledgment.

 

Conduct.

 

As a condition of use of the Site, you represent and warrant that you shall not use the Site for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all acts or omissions that occur while you access the Site. By ways of example, and not as a limitation, you agree:

 

• Not to transmit or upload any material to the Site that contains viruses, horses, worms, time bombs, or any other harmful or deleterious programs;

• Not to interfere with or disrupt the Site or the networks or servers hosting the Site;

• Not to delete any legal notices, disclaimers or proprietary notices

• Not to misrepresent your identity or credit/credit card information;

• Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, or information accessible via the Site through password misuse, mining or any other means; and

• Not to interfere with ABPD or another authorized party's use and enjoyment of the Site.

 

Links to Other Web Sites.

 

This Site may contain links to other websites. ABPD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ABPD of the subject website or any association with its operators. ABPD does not have control over, and is in no manner responsible or liable for, the availability, accuracy and content of the websites to which this Site is linked. ABPD makes no representations whatsoever about any other site you may access through this Site. Any concerns regarding any product or service offered by a website to which this Site is linked or the link itself should be directed to the operator of that specific website and not to ABPD.

 

Monitoring of Site.

 

ABPD has no obligation to monitor use of the Site or retain the content of any of the sessions on the Site. However, ABPD reserves the right at all times to monitor, review, retain and/or disclose any information necessary to satisfy any applicable law, regulation, legal process, governmental request or the business needs of ABPD.

 

Copyright and Intellectual Property Ownership.

 

ABPD is the sole and exclusive owner of all intellectual property rights in and to all aspects of the Site including, without limitation, any related patents, copyrights, trade secrets, trade names, trademarks, service marks, goodwill, moral rights, and any other intellectual property or proprietary rights or intangible assets recognized under any laws or international conventions. ABPD may modify, disable, or delete the Site, its functions and/or Site content at any time and for any reason without prior notice.

 

Limited License to Use Materials Provided on the Site.

 

ABPD grants you a limited license to use the materials made available on the Site only for your personal use. The materials on the Site shall not be used for any commercial purposes whatsoever. You acknowledge that any copies or derivative works created from the materials on the Site shall be the sole and exclusive property of ABPD. ABPD, in its sole discretion, may revoke this license at any time without prior notice to you and without liability.

 

Right to Download.

 

You may only download content displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices, symbols and/or indicating marks contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media.

 

Copyright Infringement Notice.

 

Pursuant to Title 17, United States Code, §512(c)(2), notifications of claimed copyright infringement must be sent to ABPD's Designated Agent. ABPD's Designated Agent email is:  info@abpd.org.

 

Termination of Use.

 

ABPD may, in its sole discretion, terminate your account or your use of the Site at any time without liability.

 

Disclaimer.

 

You assume all responsibility and risk for the use of this Site and the Internet generally. This Site is provided by ABPD on an " AS IS" basis. ABPD makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, or products included on this Site, to the fullest extent permissible by applicable law. ABPD disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components.

 

Limitation of Liability.

 

IN NO EVENT SHALL ABPD OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE SITE, YOUR USE OF THE SITE, OR SERVICES PROVIDE THROUGH THE SITE OR OMISSIONS IN THE CONTENT THEREOF, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF ABPD OR ITS RESPECTIVE REPRESENTATIVES OR YOU OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, ABPD IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF YOUR USE OF THE SITE OR ANY ITEMS SOLD THROUGH OR THE SITE OR SERVICES PROVIDED OR MADE AVAILABLE IN CONNECTION WITH THE SITE, ABPD’S LIABILITY SHALL IN NO EVENT EXCEED US$1,000.00.

 

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL TRIALS BY JURY AND ANY LIABILITY OF ABPD FOR INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARE WAIVED.

 

Indemnification.

 

You shall indemnify, defend and hold ABPD and its officers, directors, employees, shareholders, members or agents harmless from all damages, liabilities and expenses (and all legal costs including attorneys' fees, court costs, expenses and settlements resulting from any action or claim) arising out of, connected with or resulting from any violation of these Terms by you or your use of the Site or information provided by you to the Site.

 

Services Offered by ABPD Company.

 

Information.

 

Unless indicated otherwise, most services featured on the Site are available directly from or through ABPD or third parties who have contracted to provide such services by or through ABPD. ABPD has made a conscientious effort to display and describe the services on the Site accurately so that you can get a good idea of their design and use, and of the services offered. Furthermore, ABPD is constantly improving its services and information about its services.

 

Warranties.

 

All information generated on the Site is subject to change without notice. ABPD reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. All information of any sort related to the services offered on the Site should be independently confirmed and verified by you.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SHOULD NOT RELY ON ANY INFORMATION PROVIDED ON THE SITE, AS SUCH INFORMATION MAY BE INACCURATE, INCOMPLETE, OUTDATED AND/OR NOT APPLICABLE TO YOUR PARTICULAR SITUATION. ABPD SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY SUCH INFORMATION, AND YOU, THE USER, ASSUME THE SOLE RISK OF ANY USE AND/OR RELIANCE THEREON.

 

YOU ACKNOWLEDGE THAT ANY SERVICES PROMOTED ON THE SITE AND/OR SOLD BY ABPD ARE ACCEPTED "AS IS, WHERE IS, AND WITH ALL FAULTS." ABPD MAKES NO (AND ABPD EXPRESSLY DISCLAIMS ANY) EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WHATSOEVER OTHER THAN TITLE WITH RESPECT TO THE ITEM INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE ITEM IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE OR NONINFRINGING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ABPD DISCLAIMS AND YOU HEREBY WAIVE, ALL OTHER WARRANTIES, GUARANTEES OR LIABILITIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTY ARISING FROM A COURSE OF PERFORMANCE OR DEALING OR USAGE OF TRADE (ii) ANY WARRANTY AS TO THE CONDITION, DESIGN SUITABILITY, OPERATION, QUALITY OF WORKMANSHIP OR MATERIALS, OR HISTORY OR LEVEL OF USE, MAINTENANCE, SERVICE OR REPAIR, OF THE ITEM, OR (iii) ANY WARRANTY AS TO THE USE, CONDITION (INCLUDING, WITHOUT LIMITATION, THE ABSENCE THEREFROM OF LATENT, INHERENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE), QUALITY, DESCRIPTION OR SPECIFICATIONS OF THE ITEM.

 

TO THE EXTENT ANY STATE SPECIFICALLY APPLICABLE TO YOU LAW PROHIBITS THE WARRANTY LIMITATIONS, DISCLAIMERS AND/OR EXCLUSIONS SET FORTH IN THESE TERMS, SUCH LIMITATIONS, DISCLAIMERS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.

 

Placing Orders on the Site.

 

You may be allowed to place an order for services on this Site. All such orders and purchases are subject to the Terms, including the following:

 

Limitations.

 

Receiving a web order confirmation via e-mail or an online ordering confirmation does not guarantee the acceptance of an order by ABPD. ABPD may, at its own discretion, limit or cancel services purchased per person or per order. ABPD also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail, phone and/or billing address provided at the time the order was made. ABPD reserves the right to discontinue any services listed on the Site at any time without notice.

 

We may require your signature and a government issued photo ID from you prior to allowing you to participate in the services offered by ABPD.

 

Terms of Service.

 

ABPD's acceptance of any order is subject to your assent to all of the terms and conditions set forth in these Terms. No addition or modification of these Terms shall be binding upon ABPD unless agreed to by ABPD in writing. If other correspondence contains terms or conditions contrary to these Terms or any terms and conditions contained in ABPD's acknowledgment, ABPD's acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by ABPD of any of the terms and conditions contained in ABPD's acknowledgment.

 

Sales Tax Policy.

 

Because ABPD does business throughout the United States and collects and remits sales tax as required by law, the Site also collects and remits sales tax as appropriate. If you have tax-exempt status, please visit any of our ABPD stores or contact us in any manner specified in these Terms of Use. At this time, tax-exempt sales (for individuals or products) are not available on this Site or by any of the ABPD customer solutions functions. The only means of tax-exempt sales is for you to complete the tax-exempt forms available upon request.

 

Payment for Services

 

You may pay for services with the following major credit cards issued in the United States of America:  Visa®, MasterCard®, American Express®, Discover®. When an order is submitted, ABPD may pre-authorize your order amount with your credit card provider at the time you place the order, which may have an effect on your available credit line. Please contact your credit card provider for more information. Also, please note that the total purchase price of your order will be reserved on your credit card at the time your order is placed and could remain reserved for a total of up to 7 business days (depending on your banking institution’s policies), even if your order is canceled.

 

No Assignment.

 

Rights and privileges under these Terms may not be assigned and obligations under these Terms may not be delegated without the prior written consent of ABPD. Any actual or attempted assignment without ABPD's prior written consent shall entitle ABPD to cancel such order upon notice to customer.

 

Contact ABPD.

 

If you have any questions about these Terms or need to contact us for any reason identified herein, you may Click Here to be directed to https://www.abpd.org/Contact/Default.aspx. Or send your request by mail to:

 

American Board of Pediatric Dentistry

5034 Thoroughbred Lane, Ste A

Brentwood, TN 37027

 

Please be sure to include the following information:

• Name

• Return address

• E-Mail address if available

• Telephone number (area code first)

• Order date

• Reason for your correspondence

 

We want your experience at the Site to be as satisfying as possible. The ordering and contact information listed above will provide answers to most of your questions. If you have others, please let us know.

 

Miscellaneous

 

Force Majeure.

 

ABPD shall not be liable for delay or failure in any of its performance hereunder or a failure of the Site due to causes beyond its reasonable control, including, but not limited to, an act of God, war, terrorism, epidemic/pandemic, natural disaster, governmental regulations, communication or utility failures or the failures or acts of third parties.

 

Jurisdiction and Governing Law.

 

These Terms shall be construed, governed and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to these Terms, shall be in Davidson County, Tennessee. In the event that Arbitration and Class Action Waiver is found to be unenforceable, each party hereby consents and submits to the in personam jurisdiction of the federal or state courts located in Davidson County, Tennessee, and to the extent permitted by law, hereby consents that all services of process may be made by any nationally recognized overnight courier, or by certified or registered mail, postage prepaid and return receipt requested. Each party waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party agrees that a final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law.

 

Arbitration and Class Action Waiver

 

Please read this carefully. It affects your rights.

 

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR INTERACTION WITH ABPD OR THIS SITE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN A COURT PROCEEDING.

 

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and ABPD hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award are final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ABPD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

 

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND ABPD AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

 

You and ABPD are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.

 

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

 

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

 

Severability.

 

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of these Terms will continue in full force and effect.

 

Waiver.

 

No waiver of any breach of a provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing.

 

Modifications.

 

ABPD may modify these Terms at any time, at its discretion, and modifications are effective upon being posted on the Site. You are responsible for reviewing these Terms to ensure that you are aware of any changes made to the Terms.

 

The current version of these Terms is October 21, 2020