DENTALEZ 107927001 Professional Dental Equipment and Supplies User Guide

DENTALEZ 107927001 Professional Dental Equipment and Supplies

Product Information

The product is a dental equipment with smart technology, designed and manufactured by DentalEZ. It is equipped with advanced features to enhance the dental experience for both the dentist and the patient.

Specifications

• Model: [ Insert Model Name]
• Dimensions: [Insert Dimensions]
• Weight: [Insert Weight]
• Power Supply: [Insert Power Supply Details]
• Smart Technology: Yes

Features

The dental equipment with smart technology offers the following features:

• Integrated digital display
• Wireless connectivity
• Intelligent sensors
• Customizable settings
• Automatic data synchronization

Introduction and Overview

These Terms of Use (“Online Terms”) set forth a legally binding agreement between DENTALEZ, Inc., DentalEZ Alabama, Inc., DTE Oregon, Inc., their subsidiaries and affiliates (collectively “DentalEZ”, “we”, “our”, or “us”) and the person or entity identified on the order form or other Service (as defined below) subscription purchase document (“Customer”). These Online Terms govern your access to and use of the DentalEZ “smart technology” contained in certain DentalEZ dental equipment as well as any service that posts a link to these Terms or integrates with certain DentalEZ smart technology contained in certain DentalEZ dental equipment that Customer may have purchased from us or through your local dealer, and all features, content, and other services that we own, control and make available through such online service (collectively, the “Service”).

You hereby represent and warrant that you will access and use the Service acting in your capacity as an employee, owner, director, officer, or contractor of a Customer, and that your communications and transactions with DentalEZ occur solely within the context of DentalEZ providing the Service to the Customer that you represent. As such, you hereby represent and warrant that you have the authority to bind such Customer to these Online Terms (in which case “you” or “your” will refer to you and such Customer). By initiating the first use of the Service, you the User acknowledge and agree upon the entire contents of these Online Terms.

In some instances, both these Online Terms and separate terms that we make available to you through the Service or your local dealer will apply to your use of the Service (the
“Additional Terms” and collectively, with the Online Terms, the “Terms”). To the extent there is a conflict between these Online Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.
By accessing or using the Service, you agree to these Terms, and agree to our collection, use, and disclosure practices, and other activities as described in our Privacy Policy, as amended from time to time (the “Privacy Policy). If you do not agree to these Terms and our posted Privacy Policy, you must discontinue your use of the Service (and this is your sole remedy).

Service Use

• A. About the Service.
  Subject to these Terms, the Service may enable you to register and create an Account (defined below), view certain data collected by the sensors in your DentalEZ smart technology enabled equipment, use the configuration manager software to manage your DentalEZ smart technology equipment settings, install software updates on your DentalEZ smart technology enabled equipment, manage access to the Service and communicate with DentalEZ regarding the use and operation of your DentalEZ smart technology enabled equipment.

• B. Content.
  The Service contains: (i) materials and other items relating to DentalEZ and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, software documentation, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Aeras; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All rights, titles, and interests in and to the Service and the Content, as well as all derivative works thereof, are owned by us or our licensors or service providers and are protected by U.S., Canadian, and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
  C. Limited License.
  Subject to your strict compliance with the Terms, DentalEZ grants you a limited, non-exclusive, revocable, non-assignable, personal, and non- transferable license to download, display, view, use, and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet enabled device (each, a “Device”), in each case for your personal, non- commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in DentalEZ’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your liability, including potential criminal liability.

• D. Accounts.
  Certain features of the Service may require you to register an account, including access to equipment performance data associated with your DentalEZ smart technology-enabled equipment purchased directly from DentalEZ, a third- party equipment manufacturer or through your local dealer (“Account”). When registering an Account or using DentalEZ smart technology-enabled equipment, you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and update this information to keep it true, accurate, current, and complete; (iii) protect your Account log-in credentials to prevent unauthorized access to your Account or equipment; (iv) not share your Account or log-in credentials with any third party or transfer your Account to any third party; and (v) immediately notify us of any suspected or actual unauthorized use of your Account, equipment or breach of security. Your right to access and use the Service is not transferable by you to any other third party. You are solely responsible for all activities that occur under your Account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.

• E. Restrictions.
  You may not use the Service unless you are at least eighteen (18) years old and are fully able and competent to agree to and comply with the Terms (in their entirety). If you accept the Terms, you represent that you can be bound by them. You may not: (i) use the Service or Content for any political purpose; (ii) engage in any activity in connection with the Service or Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to DentalEZ; (iii) harvest or scrape any information from the Service or Content; (iv) reverse engineer or modify the Service or Content; (v) interfere with the proper operation of or any security measure used by the Service or Content; (vi) infringe any intellectual property or another right of any third party; (vii) use the Service or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate the Terms including these Online Terms and any applicable Additional Terms.
  You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Content.

• F. Availability.
  DentalEZ may suspend or terminate the availability of the Service and Content, in whole or in part, to any Account, individual user or all users, for any reason (including, a failure to pay Service subscription fees when due), in DentalEZ’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service, or notice from DentalEZ, all rights granted to you under the Terms will cease immediately, and you agree that you will immediately discontinue the use of the Service and Content.

• G. Reservation of Rights.
  All rights not expressly granted to you are reserved by DentalEZ and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Service for any purpose is prohibited.

• H. Data
  The Service may enable the collection of data relating to Customer’s use of the Service and Equipment through sensors, the Service features described in Section 7, and information that is transmitted, uploaded, and/or submitted to the Service by Customer and its employees, owners, directors, officers, and contractors, including usage information such as logins, button-presses, and maintenance history and records (“Customer Data”). As between DentalEZ and Customer, Customer is the owner of the Customer Data. Customer hereby grants DentalEZ a worldwide, nonexclusive, transferable, sublicensable, perpetual, irrevocable, fully paid up and royalty-free right and license to use, reproduce, prepare derivative works of, distribute, perform, display, arrange, de-identify, create Aggregated Data (as defined below) from, and otherwise exploit for DentalEZ’s business purposes, any Customer Data, and to use the know-how and analytical results resulting therefrom in connection with the enhancement, improvement, and provision of Service and derivatives thereof, provided that DentalEZ shall disclose Customer Data that is identifiable to Customer or any individual only as permitted in our Privacy Policy.
  You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You waive any rights and claims in connection with our use of, or development of any product, content, or other materials using in whole or in part, Customer Data. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section.

• I. Aggregated Data.
  For these Online Terms and the Privacy Policy: “Aggregated Data” means data, including data derived from Customer Data, that does not identify you (including information that has been manipulated, de-identified or combined to provide generalized or anonymous information).
  As between you and DentalEZ, DentalEZ owns all rights, titles, and interests in and to Aggregated Data. DentalEZ may use or share Aggregated Data for any purpose including developing, providing, enhancing, and improving the Service, DentalEZ equipment, and DentalEZ’s other current and future online and offline products and services.

Submissions.

When you submit any unsolicited ideas, feedback, opinions, techniques, images, sounds, videos, or other content to us through or relating to the Service (“Submissions”), you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.

You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions. You waive all rights and claims in connection with our consideration, use, or development of any product, content, or other materials similar or identical to your Submission now or in the future. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submission and remain responsible for them.

Products

We do our best to describe every product or service offered on our Service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, DentalEZ shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other Account before our cancellation, we will issue a credit to your Account in the amount of the charge. Additional Terms may apply. If a product or service you purchased from DentalEZ is not as described, your sole remedy is to cancel the purchase and receive a credit for the purchase price.
For any purchases made through dealers or resellers, please contact their customer support. Their terms, conditions, and policies, and not ours, apply and we do not handle returns or refund requests for purchases through those third-party platform providers.

Customer Support; Notice

If you have any questions or comments, please send an e-mail to us at [email protected]. You acknowledge that the provision of support is at DentalEZ’s sole discretion and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be mailed to 301 Lindenwood Drive, Suite 100, Malvern Pennsylvania19355. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Other Services.

Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by other parties (“Other Services”). We may also integrate Other Services technologies into our Service and host our content on Other Services. These Other Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Other Services, or for the results to be obtained from using them. These Other Services are made available as a convenience only and are not part of the “Service” or subject to any of the warranties (whether express or implied) or other obligations concerning Service hereunder. DentalEZ has no obligation to monitor or maintain Other Services and may disable or restrict access to any Other Services at any time without notice.

If you choose to access, transact with, or otherwise interact with any such Other Services, you do so at your own risk. Your access to and use of any Other Services is solely determined by the relevant third-party provider and may be subject to such additional terms and conditions applicable to such Other Services. You are solely responsible for maintaining appropriate accounts in good standing with the Other Services providers. Aeras will have no liability or other obligation to you for such Other Services or your content or data exported to Other Services, including but not limited to any unavailability of any Other Services, or any third-party provider’s decision to discontinue, suspend or terminate any Other Services.
In addition, by using or enabling any Other Services, you are expressly permitting DentalEZ to disclose your content, data or other information to the extent necessary for the Service to interoperate with, or for you to utilize, the Other Services. We are not responsible for any disclosure, modification or deletion of your content, data or other information resulting from access by, or transmission to, any Other Service. For more information on Other Services, see our Privacy Policy.

Service Features.

• A. Wireless Features.
  The Service may offer features that are available to you via your wireless Device including the ability to access the Service’s features and upload content to the Service (collectively,
  “Wireless Features”). By using the Service, you agree that DentalEZ may collect information related to your use of the Wireless Features as described in our Privacy Policy, and may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Service. Data rates and other carrier fees may apply.

• B. Location-Based Features.
  If you have location-based features on your wireless Device, you acknowledge that your Device location will be tracked and shared consistent with the Privacy Policy. You can terminate location tracking by us by adjusting the permissions in your Device. Location-based features are used at your own risk and location data may not be accurate.

• C. Communications

  • E-mails: By registering for an Account, it is implied that you consent to us sending you emails about the Service and the status of your Account. As such, we may send emails to the email address you provide for transactional and promotional purposes with the Service and the status of your Account. You have the right to opt-out of receiving certain promotional e-mails about the Service or your Account from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link or contacting us at
    [email protected] with the word UNSUBSCRIBE in the subject field of the e-mail. We will unsubscribe your email from promotional e-mails sent by us within 10 business days of our receipt of your opt-out request. Your opt-out of promotional emails will not affect non- promotional e-mails, such as those about your Account, transactions, servicing, or DentalEZ’s ongoing business relations with you.

  • Text Messages: We may send you recurring text messages to the phone number you provide for transactional and promotional purposes with the Service, your Account or DentalEZ products and services. You understand that your consent is not required as a condition of purchase and that you can opt-out of receiving certain promotional text messages from us at any time by: (i) for text messages, texting “STOP” in response to any text message you receive from us or contacting us at [email protected] and specifying you want to opt-out of text messages; and (ii) for calls, requesting opt-out during any call you receive from us or contacting us at [email protected] and specifying you want to opt-out of calls. For text messages, you can also text “HELP” at any time for more information. We will unsubscribe your phone number from reoccurring texts messages from us within 10 business days of our receipt of your opt-out request. You understand that you may receive a text message confirming any opt-out by you. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Not all phone and/or carriers are supported. Contact your carrier for further details.
    Please note that any opt-out by you is limited to the e-mail address, phone number, and device used and will not affect subsequent subscriptions.

Agreement to Arbitrate and Choice of Law.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

• A. We Both Agree to Arbitrate.
  You and DentalEZ agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate DentalEZ’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, DentalEZ may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute- resolution process described herein.

• B. What is Arbitration?
  Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

• C. Arbitration Procedures.
  The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration under the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules outlined in these Terms, the rules outlined in these Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or DentalEZ must do the following things:

  • Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a demand for Arbitration at www.jamsadr.com.
  • Send three copies of the demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
  • Send one copy of the demand for Arbitration to the other party.
    Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in the United States in Pennsylvania, under Pennsylvania law without regard to its conflict of laws provisions. If traveling to Pennsylvania is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). The arbitration may award on an individual basis the same damages and relief as a court
    (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

• D. Authority of Arbitrator.
  The arbitrator will decide the rights and liabilities, if any, of you and DentalEZ, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Aeras.

• E. Waiver of Class Actions.
  You waive any right to pursue an action on a class-wide basis against us and may only resolve disputes with us on an individual basis and may not bring a claim against us as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

• F. Waiver of Jury Trial.
  EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THE TERMS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND THEREFORE THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT THEY MAY HAVE (INCLUDING ANY CONSTITUTIONAL AND STATUTORY RIGHTS) TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes arising in connection with these Terms shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court. In the event, that any litigation should arise between you and DentalEZ in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND DENTALEZ WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge alone.
  YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE. G. Choice of Law/Forum Selection.
  In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed by the laws of the State of Pennsylvania, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Pennsylvania.

Disclaimer of Representations and Warranties
YOUR USE OF THE SERVICE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SERVICE INCLUDING ANY OTHER SERVICES, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DENTALEZ NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “DENTALEZ PARTIES”) MAKE, AND THE DENTALEZ PARTIES EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER CONCERNING THE SERVICE, THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, FREEDOM FROM COMPUTER VIRUS AND THE RESULTS YOU MAY OBTAIN BY USING THE SERVICE. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

Limitations of Our Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE DENTALEZ PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF DENTALEZ PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS OUTLINED IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. IF UNDER ANY CIRCUMSTANCES THE AERAS PARTIES ARE FOUND LIABLE TO YOU OR ANY EMPLOYEE, OWNER, DIRECTOR, OFFICER, CONTRACTOR OR THIRD PARTY ACTING ON YOUR BEHALF AND IF THE DISCLAIMER OF DAMAGES HEREUNDER IS NOT ENFORCED FOR ANY REASON, THE DENTALEZ PARTIES’ MAXIMUM AGGREGATE LIABILITY FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS IS LIMITED TO ONE HUNDRED DOLLARS ($100). TO THE EXTENT ANY APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE DENTALEZ PARTIES’ LIABILITY WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM AERAS INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

Indemnification

You agree to defend, indemnify, and hold harmless the DentalEZ Parties from and against any claims, liabilities, damages, losses, costs, and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of Other Services; or (vii) any misrepresentation made by you. DentalEZ reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with DentalEZ’s defense of any claim. You will not in any event settle any claim without the prior written consent of DentalEZ.
This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.

Waiver of Injunctive or other Equitable Relief.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY DENTALEZ OR A LICENSOR OF DENTALEZ.

Updates to Terms.

We reserve the right, at any time in our sole discretion, to modify or replace any part of the Terms or Privacy Policy, without prior notice. You agree that we may notify you of any updated Terms or Privacy Policy by posting them on the Service so that they are accessible via a link from the home page, and/or by sending you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms or Privacy Policy. If you object to any such changes, your sole recourse is to cease using the Service. Your continued use of the Service will be deemed irrevocable acceptance of any such revisions. Before you continue, you should print and/or save a local copy of the Terms and our Privacy Policy for your records.

General Provisions.

• A. You May Cancel Your Account.
  You may cancel your Account at any time through the Service or by emailing [email protected] or by contacting your dealer directly. These are the only ways to cancel your Account. Phone requests to cancel your Account will not be accepted. You acknowledge that canceling your Account will not prevent your equipment from collecting or sending certain equipment performance data to us or dealers sharing information with us under our Privacy Policy.

• B. Data Deletion at Cancellation or Termination.
  DentalEZ is under no obligation to store any data or information you submit, upload, or make available to us through the Service and DentalEZ reserves the right to delete your Account and information immediately upon cancellation or termination.

• C. Consent or Approval.
  No DentalEZ consent or approval may be deemed to have been granted by DentalEZ without being in writing and signed by an officer of DentalEZ.

• D. Survival.
  The provisions of the Terms, which by their nature should survive termination of your use of the Service, including sections on Service Use (except for the limited license), Unsolicited Submissions, Copyright Infringement, Subscriptions and Products, Customer Support, Other Services, Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.
  E. Severability; Interpretation; Assignment.
  If any provision of the Terms, including these Online Terms or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from the Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of the Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. DentalEZ may assign its rights and obligations under the Terms, in whole or in part, to any party at any time without any notice. The Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of DentalEZ.
  F. Complete Agreement; No Waiver.
  The Terms and the Privacy Policy reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in the Terms, (i) no failure or delay by you or DentalEZ in exercising any of the rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of the will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

• G. International Issues
  DentalEZ controls and operates the Service from the U.S., and DentalEZ makes no representation that the Service is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms or any sale of goods carried out as a result of your use of the Service. Software related to or made available by the Service may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re- export the software to any county, or any person, entity, or end-user subject to U.S. export controls or sanctions.
  H. Investigations; Cooperation with Law Enforcement. DentalEZ reserves the right to investigate and prosecute any suspected breaches of the Terms or the Service. DentalEZ may disclose any information as necessary to satisfy any law, regulation, legal process, r governmental request.

• I. California Consumer Rights and Notices.
  Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 916-445-1254. Their website is located at: http://www.dca.ca.gov.

• Contact Us.

• If you have any questions or comments about the Terms, please contact us:
  By email: [email protected]
  By mail:
  Attention: Privacy Officer 310 Lindenwood Drive, Suite 100 Malvern, PA 19355

References

• JAMS: Mediation, Arbitration and ADR Services
• Privacy Policies for Website & Aeras | DENTALEZ

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