Terms of Use
By creating an Account with Ceatus Media Group, LLC’s SMARTBANNER™ ("Ceatus SMARTBANNER™"), you agree to be bound by these Terms of Use (this "Agreement"). The term "Website" is deemed to refer to the access of the website for Ceatus Media Group, LLC (the “Company”) and/or Ceatus SMARTBANNER™ with the use of a computer or mobile device. The term “Account” is deemed to refer to the account created with the Company. The SMARTBANNER™ Ad (the “Ad”) refers to the Ad that appears on the Website, listing the practice or practitioner(s).
The Ceatus Media Group, LLC Privacy Policy and Terms of Use are incorporated by reference into this Agreement and available on the Website. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, do not use the Website or SMARTBANNER™. Please contact us with any questions regarding this Agreement.
Acceptance of Terms of Use Agreement: This Agreement is a contract that establishes the legally binding terms you must accept to become an "Account User." For purposes of this Agreement, the term "Account User" means a person who creates an Account on the Website to participate in the SMARTBANNER™ Service in any manner. You acknowledge and agree that SMARTBANNER™ Ads for the Account Users may appear on other websites at the sole discretion of Ceatus Media Group. You may not be notified if your SMARTBANNER™ Ad is placed on another website.
By accessing the Website or using the SMARTBANNER™ Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. You further consent to have this Agreement and all notices provided to you in electronic form. This Agreement may be modified by the Company from time to time. Such modifications will become effective upon posting by the Company on the Website. To withdraw your consent to this Agreement, you must terminate your Account and stop using the SMARTBANNER™ Service immediately.
Eligibility for the SMARTBANNER™ Service: You must be registering a medical or dental practice or a medical or dental practitioner in order to use the SMARTBANNER™ Service. You may not create more than one Account per practitioner or practice. Additional SMARTBANNER™ Ads may be purchased under the same Account for different locations of a practitioner or practice. Only one Ad may be purchased per location. A zip code may not be purchased twice for the same practitioner or practice. Ads purchased or Accounts created for any person, business, or entity outside these specifications will be deleted without refund.
Account User Subscription: You must register an Account in order to create a SMARTBANNER™ Ad. Account Users then have the option to create a “Go Local” or “Go Exclusive” Ad. Once created, your Ad will start appearing immediately. Your subscription begins on the first day you create your Account and will renew each month on that day. Prices are subject to change with thirty days notice provided by the Company. Your initial subscription price is not guaranteed beyond the first thirty days of your subscription. You agree to make payment using your selected payment method. The Company may correct, without notice, any billing errors or mistakes that it makes even if it has already requested or received payment. If for any reason your payment is declined, any exclusivity you may have is released.
Terminating or Changing Your Subscription: This Agreement will remain in full force and effect while you use the SMARTBANNER™ Service and/or are an Account User.
You may cancel your SMARTBANNER™ Service for any reason by providing thirty days notice. Any payment already made will not be refunded. Your SMARTBANNER™ Ad(s) may continue to appear after you have canceled the SMARTBANNER™ Service. Once your subscription is terminated, any exclusivity you may have is released.
You may change your SMARTBANNER™ Service at any time by downgrading or upgrading your SMARTBANNER™ Ads. Any increase in the price of your subscription will be prorated.
The Company may terminate or suspend your SMARTBANNER™ Ad(s) or Account at any time, for any reason, without notice. Upon such termination or suspension, you will not be entitled to any refund of unused subscription fees. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your SMARTBANNER™ Ad(s) or Account is terminated for any reason, all terms of this Agreement survive such termination and continue in full force and effect.
The Company cannot guarantee performance of your SMARTBANNER™ Ad(s). Your SMARTBANNER™ Ad(s) may not appear at all times due to inaccuracies in the locating programs, including but not limited to, geolocation technology and Internet Service Provider problems. Payment will be charged whether or not your profile appears. The Company cannot verify visitors to your SMARTBANNER™ Ad(s) and/or personal website. Visitors may or may not be potential patients. There is no guarantee your zip code will be available when you create your Account.
Damages: In no event shall the Company, its affiliates or its partners be liable for any indirect, direct, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data, which may arise from the use of or reliance upon any information provided in this Website or from your inability to access the Website. We assume no responsibility, and shall not be liable for any damage or injury to you, your computer or other personal property including, but not limited to, damages caused by viruses that infect your computer equipment or other property on account of your access to our Website or from your downloading of any materials, data, text, images, video or audio, or other items from the Website.
You agree that you will not bring any claim personally against Ceatus Media Group’s owner, officers or employees in respect of any losses you suffer in connection with any of the Ceatus Media Group Internet Marketing Services. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect Ceatus Media Group LLC’s owners, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Ceatus Media Group LLC.
If any provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer/agreement.
Indemnity: You hereby indemnify Ceatus Media Group LLC and undertake to keep Ceatus Media Group LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Ceatus Media Group LLC to a third party in settlement of a claim or dispute on the advice of Ceatus Media Group ‘s legal advisers) incurred or suffered by Ceatus Media Group LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Some links in this website may lead to websites which are not under our control. When you visit any of those websites you will leave our website and we will accept no responsibility or liability in respect of the material or any website which is not our under control. External sites are not endorsed by us and we make no representation or warranty as to the content contained in any such external website.
Choice of Law: These terms of use and your use of the website shall be governed by and construed in accordance with the laws of the State of California. If any provision of these terms of use shall be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed void but shall not affect the validity and enforceability of the remaining provisions.
Copyright Information: All content of this website is owned or used by permission by Ceatus Media Group LLC and is protected by applicable copyright laws worldwide.
- Reproduction of Images and Other Copyrighted Material. As with any image, possession of a copy of a digitized image does not give unrestricted rights to use it. The copyright of an image is generally owned by the creator and only the copyright owner, or the owner's legal representative, can grant permission to copy, distribute, or publicly display the image.
- It is illegal to reproduce photographs taken by a professional photographer or other copyrighted material without the permission of the copyright owner.
- Use of Information on this website. The copyrights of the images and other material on this website are owned by us or the individual photographers or artists who have authorized their use on this website.
- Use of Other Images and Information. Other images and information may be downloaded, reprinted and reproduced for non-commercial, private purposes. Other images and information may not be manipulated or altered without our express permission or the express permission of the photographer or artist
Service Mark Information: All trademarks and Service Marks. ® / ™ as well as the trade name, service marks, trade dress and products ("Intellectual Property") contained on this website are protected in the United States and internationally. Except to accurately identify our products or services, no use of any of the Intellectual Property may be made without our prior express written authorization. SMARTBANNER™ is a service mark of Ceatus Media Group, LLC that is protected by US patent and trademark law and it cannot be used without the permission of Ceatus Media Group LLC.