TERMS AND CONDITIONS
Thank you for visiting the DentaMedica website. Your use of the www.dentamedica.com website (the “Website”), which provides you with access to a variety of resources, including but not limited to, product information, downloads, interactive and educational materials, is subject to the Terms and Conditions of this Agreement. These Terms & Conditions set forth the agreement between DentaMedica, which is owned, operated and maintained by DentaMedica Corporation, and each user governing the use of the Website. For the purposes of these Terms & Conditions, the terms “we,” “us,” and “our,” refer to DentaMedica Corporation. “You” refers to you, as a user of the Website. By accessing, using, or viewing the Website, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms & Conditions. If you do not agree with these Terms & Conditions, you do not have the right to access or otherwise use the Website and, accordingly, you should not do so. It is very important that you read and understand all of the following terms and conditions before making a purchase.
The Website contains information about products authorized in the United States, and is intended for a United States audience. If you live outside the United States, you may see information on the Website about products that may not be available or authorized in your country.
OUR WEBSITE DOES NOT PROVIDE MEDICAL ADVICE
Information on the Website is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on the Websites for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. For any products or purchased from the Website, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on our Website. Information provided on the Website and the use of any products purchased from our Website by you DOES NOT create a doctor-patient relationship between you and any physician affiliated with our Website. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, DentaMedica does not permit or advise any minor to make a purchase on our Website. All purchases of our products should be performed by any individual 18 years of age or older. The Website may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18). If you are a under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms and Conditions. If you do not qualify, do not use the Website.
COPYRIGHT AND TRADEMARKS
Our Website, downloads and e-bulletins contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. No use of any of these may be made, in whole or in part, without the prior, written authorization of the owners of this site, except to identify the products or services of the company. All other trademarks, product names, and company names and logos appearing on our Website are the property of their respective owners.
You may download, electronically copy and print to hard copy portions of the Website for the sole purpose of using materials it contains for informational, non-commercial, personal use only. Any other use of the materials in this Website—including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance—without the prior written permission of DentaMedica is strictly prohibited. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.
Except for accessing the Website in accordance with these Terms and Conditions for personal and internal purposes, you may not use, modify, copy, reproduce, republish, upload, post, transmit, decompile, reverse engineer, disassemble, distribute or otherwise exploit any of the Content, in whole or in part, without our express written permission or, in the case of content licensed by us from third parties, the entity that is credited as the copyright holder of such licensed content. Except as set forth above, nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content without our written permission. Any and all rights not expressly granted herein are reserved by us. The Website and the information contained and referenced herein are for informational purposes only. Request for permission to reproduce any information contained on the Website should be addressed to us at the address listed on our Contact Us web page.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on our Website in a way that constitutes copyright infringement, you may notify us using the mailing address listed on our Contact Us web page.
The owners of this site will use reasonable efforts to include up-to-date and accurate information in this Internet site, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. The owners of this site shall not be liable for any damages or injury resulting from your access to, or inability to access, this Internet site, or from your reliance on any information provided at this Internet site.
THIRD PARTY CONTENT
We may provide content of third parties (“Third Party Content”) as a service to those interested in this information. We do not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content. The owners of this site have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. You use the Third Party Content at your own risk.
SPECIAL PROPRIETARY NOTICE AND DISCLAIMER
The “Find a Medical Practice” database (the “Database”) is compiled by DentaMedica.com as references of professional information on individual medical professionals and is intended to provide the public with quick access to information on medical professionals. Neither the Database, nor any of their data, listings, or other constituent elements may be downloaded, republished, or duplicated, in whole or in part, for commercial purposes, for purposes of compiling mailing lists or any other lists of dermatologists, or for any other purposes without the prior express written permission of DentaMedica.
Although DentaMedica warrants that it undertakes reasonable efforts to keep the information contained in the Database accurate, we do not warrant the accuracy, completeness, timeliness, or fitness for a particular purpose of the information contained in the Database, or in any way endorse the individuals described therein. In no event shall DentaMedica be liable for any decision made or action taken in reliance on the information contained therein.
The information contained herein has not, to our knowledge, been evaluated by the Food and Drug Administration. We do not sell or market any products with intent to diagnose, treat, cure, mitigate or prevent any specific disease or class of diseases.
This Website and our emails may include links to other websites. We provide such links solely as a convenience to you and for informational purposes only. We have not reviewed all of the information on these other websites. The inclusion of these links in no way indicates our endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such websites. Neither we, nor any other providers of products related to this Website, shall be responsible for the content of any other websites and make no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk. Other websites may include links to our Website. The inclusion of such links does not indicate the other website’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Website.
CONDUCT ON OUR WEBSITE
Any conduct by you on our Website that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our Websites will not be permitted. You agree to use our Website only for lawful purposes. You are prohibited from posting on or transmitting through our Websites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or derogatory remarks to another’s faith or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You also agree not to use our Websites to post petitions for any issue or cause or post an advertisement or solicitation of funds, goods or services.
You may not defame, libel or slander another person. Any verbiage that may be possibly construed to be defaming, libel or slanderous, at the sole discretion of the staff of our Website, will be removed.
You may not post a message impersonating another user, nor post any message that contains any personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses or employer references or chain letters of any kind.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Website, use of our Website, or access to our Website. You agree not to access our Website by any means other than through the interface provided by us for use in accessing our Website.
You hereby acknowledge that any violation of any of our policies may result in termination of your access to our Website, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or our Website, without prior notice.
The sender of any communications to this Internet site or otherwise to the owners of this site shall be responsible for the content and information contained therein, including its truthfulness and accuracy.
You agree that all ideas, comments, suggestions or other information that you provide to us regarding the Website or products provided on the Website (the “Feedback”) shall be our property, and may be used by us on a non-confidential and unrestricted basis, without compensation to you. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Website, you hereby grant us an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, publish, sell, assign, transmit and distribute them in any form, media, or technology, and agree that we are free to use them for any purpose.
You agree that we have no obligation to, but may monitor and review information you transmit over the Website. You agree that we may censor, edit, remove or prohibit the transmission or receipt of any information that we deem inappropriate or in violation of these Terms and Conditions, and use any such information as necessary to provide the Website and to protect our rights. You agree that we may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
Certain products are offered for sale on our Website. In the event you wish to purchase any of these products, you will be asked by our Websites or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide our Websites or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this Agreement and all our obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
We may elect to electronically monitor areas of our Website. We are not responsible for screening, policing, editing, or monitoring Content on our Website. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine, in our sole discretion, whether to remove or request the removal of such Content from our Website. We may terminate your access, or suspend your access to all or part of our Website, without notice, for any conduct that we believe, in our sole discretion, is in violation of any applicable law or is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products without prior written permission from us. In addition, we reserve the right to limit quantities of items purchased by each customer.
We and any other providers of products or services on the Website are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, we and any other providers of products or services related to this Website are not responsible for incorrect or inaccurate entry information, whether caused by you or by any of the equipment or programming associated with the Website, or by any technical or human error that may occur in the processing of any information related to the Website.
YOU AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK. THIS WEBSITE AND ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR SUBSIDIARIES AND AFFILIATES (A) MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER (i) REGARDING THE WEBSITE, THE CONTENT, OR ANY OTHER MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ASSOCIATED MATERIALS OR ANY LINKED SITE; OR (ii) THAT THE MATERIALS ON THIS WEBSITE CONFORM TO YOUR LOCAL LAWS (IF YOU ARE ACCESSING THIS WEBSITE FROM A LOCATION OUTSIDE CALIFORNIA, YOU ACKNOWLEDGE THAT YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS); (B) HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THIS WEBSITE, THE CONTENT, OR ANY OTHER MATERIALS, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS WEBSITE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. WE MAY CHANGE THE WEBSITE AT ANY TIME, INCLUDING WITHOUT LIMITATION TO THE PRODUCTS AND PRICES DESCRIBED IN THE SITE, BUT DO NOT ASSUME ANY RESPONSIBILITY TO UPDATE IT.
YOU RELY ON THE PRODUCTS PROVIDED BY US SOLELY AT YOUR OWN RISK. ADVICE, OPINIONS AND STATEMENTS SHOULD NOT BE RELIED UPON WHEN MAKING IMPORTANT PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT A PROFESSIONAL TO OBTAIN SPECIFIC ADVICE APPROPRIATE TO YOUR CIRCUMSTANCES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW , WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES CLAIMING THROUGH OR UNDER YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS OR DELAYS IN TRANSMISSION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IF YOU ARE DISSATISFIED WITH THE WEBSITE, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US RELATED TO THE WEBSITE OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT IN THE ABSENCE OF THIS LIMITATION OF LIABILITY THESE TERMS AND CONDITIONS WOULD BE MATERIALLY DIFFERENT OR YOU WOULD NOT BE GRANTED ACCESS TO THE WEBSITE.
You shall indemnify, defend and hold harmless DentaMedica Corporation, its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys’ fees, accounting fees, and expert witness fees arising out of or related to (i) your use of the Website or the Content and (ii) any breach or non-compliance by you of these Terms and Conditions. We shall have the right at our own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without our prior written consent. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Any cause of action or claim you may have with respect to the Website or these Terms and Conditions (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises, shall be handled individually without any class action, and shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its conflict of law provisions. You and DentaMedica agree that we will first try to resolve any claim informally. Accordingly, neither of us may start a formal proceeding (except for claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of us notifies the other of a claim in writing. DentaMedica will send its notice to your billing address, with a copy via email to your email address.
We reserve the right to seek all remedies available at law or in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to the Website. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, County of Los Angeles. Arbitration under this agreement shall be conducted under the rules then prevailing of the Consumer Related Disputes Supplementary Rules. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
You may terminate this agreement by providing written notice to us. Upon such termination, you shall cease all use of the Website and we shall be permitted to delete your account and any and all information associated therewith; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.
QUESTIONS AND COMMENTS
General questions or comments about the Website and DentaMedica may be directed to DentaMedica’s Customer Service by e-mail at email@example.com or by phone at (786) 622-2016, or by postal mail at 2885 SW 3rd St. Suite 400A Miami, FL 33129.