TERMS & CONDITIONS

Last updated:  October 31, 2019

 

  1. Acceptance and Amendments of Terms and Conditions. DentaGrafix, LLC (the “Company”) provides the website dentagrafix.com (the “Site”) as well as the services, products and content available on the Site (the “Services”) to you, subject to your compliance and agreement with all of the terms, conditions and notices contained or referenced herein.  By using this Site or the Services you agree to be bound by these Terms and Conditions (the “Terms and Conditions”) and the accompanying Privacy Policy located at [hyperlink] (the “Privacy Policy”). We reserve the right to amend the Terms and Conditions and Privacy Policy at any time in our sole discretion.  It is your responsibility to review the current Terms and Conditions and Privacy Policy in force when using the Site or Services. Amendments to the Terms and Conditions and Privacy Policy become effective upon posting anywhere on the Site. You automatically agree to these Terms and Conditions by logging onto the DentaGrafix system or using the Site in any way.
  1. Material on the Site is protected by copyright and other law and may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Company.
  1. All trademarks on this Site are property of the Company. No license is granted with respect to these intellectual property rights, except where expressly set out herein, and no trademarks on this site may be used without prior permission from the Company.
  1. No Unlawful Purpose. This Site and the Services are provided for lawful purposes only, and may not be used for any unlawful purposes. You agree that under some circumstances the Company may be legally obligated to disclose information obtained or collected from you to the appropriate authorities. You agree to release the Company and its employees from any and all claims, demands, or actions arising out of such disclosure by the Company.
  1. No Liability; Site and Services Provided “As Is”. The Company is not liable for any damages, harm, or injury that relate to, arise out of, or result from the use of, or access to, or the inability to use, any aspect of the Site or the Services. This Site and the Services are provided “as is,” and without warranties of any kind, express or implied.
  1. Restrictions on Access to Site and Services. We may restrict, suspend or terminate your access to this Site or the Services at any time if we believe that you have breached these Terms and Conditions.  Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms and Conditions.
  1. Links to Other Website and Services. The Site may contain links to web sites other than the Company’s. The Company does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. The Company does not control the content of these sites and takes no responsibility for their content, nor should it be implied that the Company endorses or otherwise recommends such sites or the products or services offered. Any concerns regarding any such sites or the products or services offered should be directed to the particular outside service of resource.

 

  1. Responsibility and Age. If you subscribe to or otherwise access the Site and/or the Services, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use the Site and the Services and to create binding legal obligations for any liability you may incur as a result of the use of the Site or Services.  Users under 18 years of age are prohibited from registering with the Company and using the Site or Services.
  1. Accuracy of Information. The information presented in this Site has been compiled by the Company from internal and external sources, or provided by users. No representation is made or warranty given as to the completeness or accuracy of such information. The Company reserves the right to make changes to the information on the Site, or to the Services described therein, or update such information at any time without notice, but the Company makes no commitment to correct or update this information.

 

  1. You hereby agree to indemnify, defend, and hold harmless the Company, its directors, managers, members, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with (i) your use or inability to use the Site and/or the Services; or (ii) any information submitted by you or collected about you on the Site. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the Company.
  1. Disclaimer of Warranties. THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ANY USE OF THIS SITE.

 

  1. Limitation of Liability.
  1. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, PROFIT, SAVINGS OR BUSINESS), ARISING OUT OF OR IN CONNECTION WITH THE USE, OR INABILITY TO USE, THE SITE OR THE SERVICES, WHATEVER THE BASIS OF THE CLAIM OR ACTION (SUCH AS BREACH OF WARRANTY, CONDITION, CONTRACT, INFRINGEMENT AND TORT, INCLUDING STRICT LIABILITY AND NEGLIGENCE, OR OTHER LEGAL THEORY) EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE.
  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY FOR DAMAGES OR LOSSES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE BASIS OF THE CLAIM OR ACTION, WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE SPECIFIC SERVICE THAT CAUSED THE DAMAGES OR LOSSES.
  1. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
  1. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
  1. Waiver of Class Action Rights. By using the Site and/or the Services and agreeing to the Terms and Conditions, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with the Site or these Terms and Conditions must be asserted individually.

 

  1. Arbitration. All disputes arising out of or relating to these Terms and Conditions or this Privacy Policy (including their formation, performance, or alleged breach), or your use of the Site or the Services, will be exclusively resolved under confidential binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable commercial rules, provided, further, that any arbitrator shall be either an attorney or retired judge having significant and recognized experience with and knowledge of privacy issues and information technology. The arbitration panel shall apply New Jersey law, without regard to its conflict of laws principles. In addition, the exclusive location for such arbitration shall be Essex or Morris County, New Jersey. All decisions of the arbitration panel shall be final and binding on the parties, which waive any right to further appeal the arbitration award, to the extent an appeal may be lawfully waived. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions whether through class arbitration proceedings or otherwise. Notwithstanding the above, the Company will have the right to seek injunctive or other equitable relief in state or federal court located in New Jersey to enforce these terms or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

 

  1. Governing Law. These Terms and Conditions shall be governed by the laws of the State of New Jersey, without regard to its conflict of laws provisions.  The Company controls and operates the Site from its headquarters in the United States of America and the Site may not be appropriate or available for use in other locations. If you use this Site and/or the Services outside the United States of America, you are responsible for following applicable local laws.