1. This World Wide Web site with its home page in the domain DrMicoli.com, hereinafter referred to as the Website, is an information service provided by Richard A. Micoli, DDS, hereinafter referred to as MICOLI, at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this Terms of Use Agreement. MICOLI reserves the right to change these terms and conditions at any time, and you agree to abide by the most recent version of this Terms of Use Agreement each time you view and use the Website. You are accordingly advised to consult the Terms of Use Agreement each time you view and use the Website. Do not use the Website if you do not agree to all of the following terms and conditions.

2. You acknowledge that the information on the Website is provided 'as is' for general information only. It is not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. MICOLI makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the computer server which makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.

3. You agree that you will hold harmless MICOLI and its shareholders, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will MICOLI or any of the information contributors to the Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if MICOLI has been advised of the possibility of such damages.

4. You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of MICOLI nor are they endorsed by MICOLI.

5. MICOLI may provide links on the Website to other websites which are not under the control of MICOLI. In general, any website which has an address (or URL) not containing 'DrMicoli.com' is such a website. These links are provided for convenience or reference only and are not intended as an endorsement by MICOLI of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

6. You may provide hypertext links to this Website on another website, provided that: (a) the link be a text-only link clearly marked 'Richard A. Micoli, DDS', (b) the link must 'point' to the URL ' http://www.drmicoli.com' and not to other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with MICOLI's name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than MICOLI is associated with or sponsored by MICOLI, (e) the link, when activated by a user, must display this Website full-screen and not within a 'frame' on the linked website, and (f) MICOLI reserves the right to revoke its consent to any link at any time at its sole discretion by amending this Terms of Use Agreement. You agree that any other hypertext links to this Website must be approved in writing by MICOLI.

7. The works of authorship contained in this Website, including but not limited to all design, text and images, are owned or licensed by MICOLI and Stuart C. Zak, hereinafter referred to as ZAK, or its suppliers and contributors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without MICOLI's prior written consent, except that the user may make such temporary copies in a single computer's random access memory and hard drive as is necessary to browse the Website, and that the user may produce one permanent printout of each page of the Website (unmodified in form, with a copy of this Terms of Use Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of MICOLI or ZAK.

8. This Website (excluding linked sites) is controlled by ZAK which is headquartered in the State of New York, in the United States of America. It may be accessed from all 50 states, as well as from other countries around the world. Because each of these places has laws that may differ from those of New York, by accessing this Website you agree that the statutes and laws of the State of New York, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use of this Website. MICOLI and ZAK make no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is hereby prohibited. Individuals or organizations choosing to access this Website from other locations do so of their own initiative and are responsible for compliance with local laws.

9. MICOLI is very respectful about the privacy concerns of the visitors to this site on the Internet. As a general policy, no personal information is automatically collected from visitors to this site. However, certain non-personal information of visitors is recorded by the standard operation of ZAK. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type of operating system (e.g., Macintosh, Windows) in use by the visitor and the domain name of the visitor's Internet service provider (e.g., America Online, Earthlink). By having this information, Web pages optimized for a particular visitor's computer is automatically available to that visitor. Other uses of this information include internal review of the number of visitors to the site but only in an aggregate and non-personally-identifiable form. Other personally identifiable data about visitors to this site are known to ZAK and MICOLI only when voluntarily submitted. Personally identifiable information that is collected in connection with visitors voluntarily filling out forms is retained by ZAK and MICOLI and is not sold or otherwise transferred outside the company. However, this data in an aggregate form may be provided to other parties for marketing, advertising or other uses. We may sometimes also use e-mail addresses and other personally identifiable information to contact visitors who communicate with us. For example, we direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as making an appointment.

10. All text and electronic images on this Website are copyrighted materials which are either registered copyrights, unregistered common law copyrights, registered trademarks or salesmarks of MICOLI or ZAK, its suppliers or contributors. Any attempt to infringe upon or to circumvent these copyrights or trademarks will subject the infringing individual or organization to severe criminal and civil penalties as prescribed by law.

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