Terms of Use Agreement

Introduction

Welcome to the Advanced Periodontics & Implant Dentistry website. Advanced Periodontics &
Implant Dentistry created and maintains this website (“Site”) to provide general information to
and communicate better with physicians, patients, investors and others who may be interested
in learning more about Advanced Periodontics & Implant Dentistry and the products and
services it offers. You may use this Site, provided you comply with these terms and conditions.
The following Terms of Use form a legal agreement (“Agreement”) between you, Advanced
Periodontics & Implant Dentistry and its related parent and subsidiaries. By accessing, browsing,
and/or otherwise using this Site, you acknowledge that you have read, understood, and agreed to
be bound by this Agreement. If you do not agree to follow and be bound by these Terms of Use,
you may not copy, use or download materials from this Site.

These Terms and Conditions May Change

Advanced Periodontics & Implant Dentistry reserves the right to update or modify this
Agreement at any time without prior notice. Your use of this Site following any such change
constitutes your agreement to follow and be bound by the Agreement as changed. For this
reason, we encourage you to review this Agreement every time you use this Site.

Copyright Notice and Limited License

Everything you see and hear on this Site, including, for example, all of the text, directories,
photographs, illustrations, graphics, audio clips, video clips and audio-video clips
(the “Content”), is copyrighted under United States law and applicable international copyright
laws and treaty provisions. The copyrights in the Content are owned by Advanced Periodontics
& Implant Dentistry or by third parties who have licensed their materials to Advanced
Periodontics & Implant Dentistry. The entire Content of this website is copyrighted as a
collective work under United States law and applicable international copyright laws and treaties.
Advanced Periodontics & Implant Dentistry owns the copyright in the selection, coordination,
arrangement and enhancement of the Content. Permission is granted to display, copy, distribute,
and download the Content on this Site for personal, noncommercial use only, provided you
do not modify the materials and that you retain all copyright and other proprietary notices
contained in the Content. You may not, however, distribute, copy, reproduce, display, republish,
download, or transmit any Content on this Site for commercial use without prior written approval
of Advanced Periodontics & Implant Dentistry. You may not “mirror” any Content contained
on this Site on any other server without prior written permission from Advanced Periodontics &
Implant Dentistry.

Trademark Notice

All of the trademarks, service marks and logos displayed on this Site (the “Trademark(s)”) are registered and unregistered trademarks of Advanced Periodontics & Implant Dentistry or third
parties who have licensed their Trademarks to Advanced Periodontics & Implant Dentistry.
Except as expressly stated in these terms and conditions, you may not reproduce, display
or otherwise use any Trademark without first obtaining written permission from Advanced
Periodontics & Implant Dentistry.

Links to Other Websites

This Site may contain hyperlinks to websites that are not operated by Advanced Periodontics
& Implant Dentistry. These hyperlinks are provided for your reference and convenience only,
and do not imply any endorsement of the material or services provided on these third-party
websites or any association with their operators. Advanced Periodontics & Implant Dentistry
does not review or control these websites and is not responsible for their content. Advanced
Periodontics & Implant Dentistry expressly disclaims any responsibility for the content of any
third-party websites linked to our Site or the products or services of such third party. These third-
party websites (and the websites to which they link) may contain information that is inaccurate,
incomplete or outdated. Advanced Periodontics & Implant Dentistry does not make any
representations regarding the content or accuracy of materials on such websites or the products
or services of any third party operating such websites. You access and use these websites (and
the websites to which they link) solely at your own risk.

No Professional Advice

The information provided on this Site is not intended nor recommended as a substitute for
professional medical advice. Always seek the advice of your physician or other qualified health
provider regarding any medical condition or treatment. Nothing contained on this Site is intended
to be for medical diagnosis or treatment.

User Content and Communications

Other than personal information, which is covered under the Advanced Periodontics & Implant
Dentistry Privacy Policy, any information you transmit or post to the Site shall be considered
non-confidential and non-proprietary. Advanced Periodontics & Implant Dentistry does not
claim ownership of any information or material you transmit, distribute, post, communicate,
or store on, to, or through the Site. However, by submitting or posting information on, to, or
through the Site, you agree that Advanced Periodontics & Implant Dentistry shall be free in
perpetuity to copy, disclose, distribute, incorporate, and otherwise use such information and
all data, images, sounds, text, and other materials embodied therein for any and all commercial
or non-commercial purposes. No compensation will be paid with respect to the use of this
information.

You agree not to transmit, distribute, post, communicate, or store information or other material
on, to, or through the Site that:

  • (a) is copyrighted, unless you are the copyright owner;
  • (b) infringes on any other intellectual property rights of others or on the privacy or publicity
    rights of others;
  • (c) reveals a trade secret, unless you own it;
  • (d) is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, or
    embarrassing to any other person or entity as determined by Advanced Periodontics & Implant
    Dentistry in its sole discretion;
  • (e) is illegal or otherwise objectionable;
  • (f) constitutes advertisements or solicitations of business, surveys, contests, chain letters, or
    pyramid schemes; or
  • (g) contains viruses, Trojan horses, worms, time bombs, or other computer programming
    routines or engines that are intended to damage, detrimentally interfere with, surreptitiously
    intercept, or expropriate any system, data, or information.

By using this Site, you understand and agree that Advanced Periodontics & Implant Dentistry
may at any time monitor, review, use, or disclose any content or communication posted or
transmitted by, to, or from you on the Site. You further understand and agree that Advanced
Periodontics & Implant Dentistry may use or disclose any information related to you (including
content or communications posted or transmitted on the Site) for any reason related to the
operation of the Site, in order to investigate, prevent, or take action regarding activities that
may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to
protect the rights and property of Advanced Periodontics & Implant Dentistry or any third party.

Prohibited Uses Generally

Without limiting the foregoing, you agree not to:

  • (a) delete or revise any material or other information of any other user or Advanced Periodontics
    & Implant Dentistry;
  • (b) harvest or otherwise collect information about others, including e-mail addresses, without
    their written consent;
  • (c) take any action that imposes an unreasonable or disproportionately large load on the Site’s
    infrastructure;
  • (d) use any device, software, or routine to interfere or attempt to interfere with the proper
    working of the Site or any activity being conducted on the Site other than through the search
    engine and search agents available from Advanced Periodontics & Implant Dentistry and other
    generally available third-party providers (e.g., MSN, Google);
  • (e) use or attempt to use any engine, software, tool, agent, or other device or mechanism
    (including, without limitation, browsers, spiders, robots, avatar’s, or intelligent agents) to
    navigate or search the Site other than the search engine and search agents available from
    Advanced Periodontics & Implant Dentistry on the Site and other than generally available third-
    party Web browsers (e.g., Microsoft Internet Explorer);
  • (f) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software
    comprising or in any way making up a part of the Site;
  • (g) solicit Site members or guests to join outside sites or online sites or organizations; or
  • (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying
    the Site, or which, in the judgment of Advanced Periodontics & Implant Dentistry, exposes
    Advanced Periodontics & Implant Dentistry or any of its customers or suppliers to any liability
    or detriment of any type.

You further agree not to violate or attempt to violate the security of the Site, including, without
limitation:

  • (a) accessing data not intended for you or logging into a server or account that you are not
    authorized to access;
  • (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach
    security or authentication measures without proper authorization; or
  • (c) attempting to interfere with service to any user, host, or network.
  • Violations of system or network security may result in civil or criminal liability. In accordance
    with this Agreement, Advanced Periodontics & Implant Dentistry will investigate and work with
    law enforcement authorities to prosecute users who are involved in such violations.

Notice of Copyright Infringement

Just as Advanced Periodontics & Implant Dentistry requires users to respect our copyrights,
and those of our affiliates and partners, we respect the copyrights of others. If you believe in
good faith that your copyrighted work has been reproduced on or linked from the Site without
authorization in a way that constitutes copyright infringement, please provide our designated
Copyright Agent with the following information:

  • (a) identification of the copyrighted work claimed to have been infringed;
  • (b) identification of the allegedly infringing material on the Site that is requested to be removed;
  • (c) your name, address, daytime telephone number, and an e-mail address if available, so that
    Advanced Periodontics & Implant Dentistry may contact you if necessary;
  • (d) a statement that you have a good-faith belief that the use of the copyrighted work is not
    authorized by the copyright owner, its agent, or the law;
  • (e) a statement that the information in the notification is accurate and, under penalty of perjury,
    that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that
    is allegedly infringed; and
  • (f) an electronic or physical signature of the copyright owner or someone authorized on the
    owner’s behalf to assert infringement of copyright and to submit the statement.

Advanced Periodontics & Implant Dentistry Copyright Agent for notice of claims of
infringement can be contacted at:

Designated Copyright Agent
Advanced Periodontics & Implant Dentistry
45 Rockefeller Plaza #1803 NY NY 10111

Upon receipt of such a notice of claimed infringement (or any statement in conformance with
17 U.S.C. §512(c)(3)), Advanced Periodontics & Implant Dentistry will act in accordance with
applicable law. United States law imposes substantial penalties for falsely submitting a notice of
copyright infringement.

Void Where Prohibited

This Site and its contents, which are controlled and operated by Advanced Periodontics &
Implant Dentistry from offices in the United States, are intended to comply with the laws and
regulations in the United States. Although the information on this Site is accessible to users
outside the United States, the information pertaining to Advanced Periodontics & Implant
Dentistry products is intended for use only by residents of the United States. Other countries
may have laws, regulatory requirements, and medical practices that differ from those in the
United States. Those who choose to access this site from non-U.S. locations are responsible for
compliance with local laws. Any offer for any product or service made on this Site is void where
prohibited.

DISCLAIMER OF WARRANTIES

THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS,
WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE
PURSUANT TO APPLICABLE LAW, ADVANCED PERIODONTICS & IMPLANT
DENTISTRYDISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-
PARTY RIGHTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF
DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING,
ADVANCED PERIODONTICS & IMPLANT DENTISTRYDOES NOT REPRESENT OR
WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR
FREE. ADVANCED PERIODONTICS & IMPLANT DENTISTRYDOES NOT REPRESENT
OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS
OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE
PROPERTIES. IF YOUR USE OF THE WEBSITE OR THE MATERIALS RESULTS IN
THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ADVANCED
PERIODONTICS & IMPLANT DENTISTRYIS NOT RESPONSIBLE FOR THOSE COSTS.
USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING,
UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED
ON THIS WEBSITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN
INACCURACIES OR TYPOGRAPHICAL ERRORS. ADVANCED PERIODONTICS &
IMPLANT DENTISTRYDOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY, RELIABILITY
OR COMPLETENESS OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE
RESPECTING THIS WEBSITE OR ANY INFORMATION, MATERIALS, SERVICES,
SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED ON OR ACCESSED
THROUGH THIS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE
EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY
TO YOU. ADVANCED PERIODONTICS & IMPLANT DENTISTRYMAKES NO CLAIMS
THAT THE MATERIALS ARE APPROPRIATE OR MAY BE DOWNLOADED OUTSIDE
OF THE UNITED STATES. ACCESS TO THE MATERIALS MAY NOT BE LEGAL BY
CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE WEBSITE
FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND
ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.

LIMITATION OF LIABILITY

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES,
SHALL ADVANCED PERIODONTICS & IMPLANT DENTISTRYOR ANY OF ITS
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE
FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR
IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR
YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE, EVEN IF
ADVANCED PERIODONTICS & IMPLANT DENTISTRYHAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. THIS IS A COMPREHENSIVE
LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF
ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING
WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION
OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS, AND
EVEN IF AN AUTHORIZED REPRESENTATIVE OF ADVANCED PERIODONTICS
& IMPLANT DENTISTRYHAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF
THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF
LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE IN ANY JURISDICTION,
ADVANCED PERIODONTICS & IMPLANT DENTISTRY’S LIABILITY IN SUCH
JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ADVANCED
PERIODONTICS & IMPLANT DENTISTRYAND THIRD PARTIES WHO CONTRIBUTE
TO THE SITE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS’
FEES) RESULTING FROM YOUR VIOLATION OF THIS AGREEMENT.

Choice of Law; Venue

This Agreement will be governed by and construed in accordance with the laws of the State of
New York, without giving effect to its principles or rules of conflict of laws to the extent such
principles or rules would require or permit the application of the laws of another jurisdiction.
Venue shall lie in New York, New York.

Arbitration of Disputes

Any dispute arising out of or in connection with this Agreement will be referred to final and
binding arbitration, to the exclusion of any other court, forum, or jurisdiction. Such arbitration
will be conducted under the rules of the American Arbitration Association in effect from time to
time. Advanced Periodontics & Implant Dentistry will appoint an arbitrator who shall appoint
two additional arbitrators. The arbitrators shall agree on who will act as Chair. If the appointed
arbitrators cannot agree on a Chair, the Chair will be appointed by the American Arbitration
Association. The parties shall instruct such arbitrators to render a determination within three
(3) months after their appointment. The place of arbitration will be New York, New York, and
the arbitrator is bound to decide the arbitration in accordance with the substantive laws of New
York. There will be no consolidation or joiner of any dispute subject to arbitration hereunder
with any arbitration or legal proceeding involving third parties or other disputes between the
parties hereto. It is expressly understood and agreed by the parties that the findings of the
arbitrator(s) will be conclusive on them and their successors, heirs, and assigns and may be
entered as a judgment in a court of record. The arbitrator(s) will have no authority to award
punitive or exemplary damages or any other monetary damages not measured by the prevailing
party’s actual damages, nor generally to make an award in equity. This section shall not prohibit
any party from seeking injunctive relief from a court of competent jurisdiction in the event of a
breach or prospective breach of this Agreement by the other party.

Severability and No Waiver

If any provision of this Agreement is held invalid or unenforceable by any court of competent
jurisdiction, the other provisions of this Agreement shall remain in full force and effect. Any
provision of this Agreement held invalid or unenforceable only in part or degree will remain in
full force and effect to the extent not held invalid or unenforceable. No waiver of any term of this
Agreement shall be deemed a further or continuing waiver of such term or any other term.

Entire Agreement

You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Advanced Periodontics & Implant Dentistry as a result of this Agreement or your access
to and use of the Site. A printed version of the Agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to the
Agreement to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. The failure of Advanced
Periodontics & Implant Dentistry to enforce any provisions of the Agreement or respond to a
breach by you or other parties shall not in any way waive its right to enforce subsequently any
terms or conditions of the Agreement or to act with respect to similar breaches. This Agreement
and the Privacy Policy constitute the entire agreement between you and Advanced Periodontics
& Implant Dentistry with respect to your access to and/or use of this Site and the Content
and shall not be modified except by Advanced Periodontics & Implant Dentistry as provided
herein or through a written document signed by both parties. Advanced Periodontics & Implant
Dentistry may assign its rights and duties under this Agreement and the Privacy Policy to any
party at any time without notice to or approval by you.

© 2011 Advanced Periodontics & Implant Dentistry, All Rights Reserved.