Pulpdent Website Terms of Use

By accessing this site, you acknowledge and agree to be bound by all of Pulpdent Corporation’s (collectively with its affiliates, subsidiaries, directors, officers, employees, “Pulpdent”) terms and conditions set forth below (”Terms of Use”). If you do not agree to these Terms of Use, you are not authorized to access this site.

You acknowledge and agree that Pulpdent may modify these Terms of Use at any time, in its sole discretion; that all modifications to these Terms of Use will be effective immediately upon the posting of the modifications on this site; and that you will review these Terms of Use each time you access this site, so that you are aware of and agree to any and all modifications made to these Terms of Use.

You acknowledge and agree that all materials, including, without limitation, content, data, software, information, products and services, contained on or provided through this site (“Materials”), are protected by copyright, trademark, service mark, patent, trade secret, or other proprietary rights or laws and is either the exclusive proprietary property of Pulpdent or is licensed to it, with all rights reserved by Pulpdent or the licensors of such content; and that except as specifically permitted by these Terms of Use, or unless prior written consent is provided, any use of Materials is strictly prohibited, including, by way of non-limiting example, licensing, sale, printing, modifying, distributing, transmitting and creating derivative works from the Materials. Aside from the forgoing, but subject to these Terms of Use, Pulpdent hereby authorizes you to download, post and/or print copies of Materials for your personal, non-commercial use, and for the personal, non-commercial use of your patients, prospective patients, customers and prospective customers, provided you keep intact all copyright and other proprietary notices and do not claim authorship rights in, or hold yourself out to the public as an author or coauthor of, such Materials.   

You acknowledge and agree that Pulpdent, in its sole discretion, at any time and with or without notice, may block or terminate your or any other party’s access to all or part of this site or any Materials, or change or discontinue any aspect or feature of this site or any Materials (including, without limitation, discontinuing this site in its entirety). You also acknowledge and agree that, unless we specifically provide otherwise, any links on this site to other sites do not imply Pulpdent’s endorsement of such sites or that Pulpdent has any association whatsoever with the operators of such sites. Such sites are not under Pulpdent’s control and Pulpdent is not responsible for any materials (including, without limitation, any content, data, software, information, products or services) contained on or provided through such sites, or the appropriateness, decency, legality, copyright compliance, accuracy or any other aspect of such sites.

You acknowledge and agree that this site and all Materials are intended for general consumer informational purposes only; that neither this site nor any Materials are intended to constitute, and do not constitute, the practice or furnishing of medical or professional health care advice, diagnosis, consultation, treatment, content, data, software, information, products and/or services; and that you will always consult with your qualified provider for medical or health care advice, diagnosis, consultation, treatment, content, data, software, information, products and/or services. You also acknowledge and agree that any medical or health care provider or other directories or locators (including, without limitation, their contents and results) contained on or provided through this site are intended for general consumer informational purposes only, and do not imply Pulpdent’s endorsement of, or that Pulpdent has any association whatsoever with, such providers.

You acknowledge and agree that use of this site and Materials are at your own risk, and are provided on an “as is” and “as available” bases; that Pulpdent does not make any express or implied warranties, representations or endorsements of any kind with regard to this site or any Materials; and that Pulpdent does not warrant or represent that this site or any Materials will be accurate, reliable, secure, defect-free or error-free. In jurisdictions not allowing the exclusion or limitation of certain warranties, Pulpdent’s liability will be limited to the extent permitted by law.

You acknowledge and agree that in no event will Pulpdent be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages relating to the use, misuse or inability to use this site or any Materials. In jurisdictions not allowing the exclusion or limitation of incidental or consequential damages, Pulpdent’s liability will be limited to the extent permitted by law.

By using this site, you agree to indemnify and hold Pulpdent (and its subsidiaries, successors, assigns, affiliates, licensors, authorized dealers, and suppliers, together with all of their respective officers, directors, employees and consultants) harmless from any claim or demand, as well as damages, losses, liabilities, judgments, costs and expenses (including reasonable attorneys’ fees and costs) relating to your use, misuse or inability to use this site or any Materials, or to your violation of these Terms of Use, any laws, rules or regulations, or any rights of any third parties.

This site is controlled, operated and administered by Pulpdent from its offices within the United States. You acknowledge and agree that if you are located in any jurisdiction in the world where any common, statutory, regulatory, codified or other law, rule or regulation makes accessing this site or any Material inappropriate or illegal, or subject to consents or permissions that you yourself have not obtained, or voids these Terms of Use in whole or in part, then you are not authorized to access this site or any Material. You also acknowledge and agree that these Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, that the exclusive jurisdiction for any claim or action relating to your use, misuse or inability to use this site or any Materials, or to these Terms of Use, will be in the state or federal courts located in the Commonwealth of Massachusetts; that you will irrevocably submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such claim or action; and that you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court.

If you use this site to initiate communication regarding your ordering needs, the information you submit may be disclosed to, and processed and responded to by, third parties. Communications you send to Pulpdent via this site or e-mail are not effective until they are processed by the appropriate Pulpdent representative. If you submit any incorrect or incomplete communications, or if any communications are damaged or distorted during transmission to Pulpdent, you will be liable for any loss, damage or additional costs that you, Pulpdent or other persons may incur as a result. Pulpdent may refuse to process any communications sent to Pulpdent by means of this site or e-mail, or may reverse the processing of any communications sent to Pulpdent by means of this site or e-mail, at any time in Pulpdent’s discretion and without any notice or liability to your or any other person, including without limitation, if (i) Pulpdent cannot process these communications; (ii) the communications violate any terms of these Terms of Use or any other agreement that you may have with Pulpdent; (iii) Pulpdent considers that the communications conflict with any other instructions or agreements with you or any person you represent; or (iv) there is an operational failure or malfunction in connection with the transmission of the communications.

User comments, feedback, suggestions, ideas, information, and other submissions disclosed, submitted or offered to Pulpdent on or by this site shall become and remain Pulpdent property. Users assign all property rights and interests to Pulpdent allowing our company unlimited use, commercial or otherwise, of any comments. Except as required by law or as set forth in the Privacy Policies, Pulpdent shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments.  Information sent by e-mail or via this site may not be secure. Please do not use e-mail to send Pulpdent any confidential information or information which needs immediate attention. Pulpdent collects, uses and discloses information regarding your use of this site and your personal information in accordance with the Privacy Policy, which is available on this site. By using this site, you consent to Pulpdent’s collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then reads without further notice or any liability to you or any other person.

You acknowledge and agree that in the event any provision or provisions of these Terms of Use shall be held to be unenforceable, these Terms of Use will continue in full force and effect without said provision; that these Terms of Use constitute the entire agreement between you and Pulpdent relating to the subject matter hereof, and supersedes any and all prior agreements or understandings between you and Pulpdent, whether oral or written, relating to any subject matter of these Terms of Use; and that anything contained on or provided through this site that is inconsistent with or conflicts with these Terms of Use is superseded by these Terms of Use.