Agreement between User and National Dental Systems, LLC
National Dental Systems, Inc. (“NDS”) Web Site is comprised of various Web pages operated by NDS. “NDS Web Site” shall be defined herein to include trudenta.com and all other Web pages operated exclusively by NDS (“Services”).
The NDS Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the NDS Web Site constitutes your agreement to all such terms, conditions, and notices.
NDS reserves the right to change the terms, conditions, and notices under which the NDS Web Site is offered, including but not limited to any and all charges associated with the use of the NDS Web Site.
You may not use the NDS Web Site and may not accept the Terms if you are a person barred from using the products and/or services that NDS provides under the laws of any country in which you are resident or from which you use the Services.
NDS reserves the right to disclose aggregated information to the larger public or media or more specific data that you separately and specifically agree that we can share, without infringing upon the users confidentiality.
Links to Third Party Sites
The NDS Web Site may contain links to other Web Sites (“Linked Sites”) which may or may not be associated with NDS. The Linked Sites are not under the control of NDS and NDS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NDS is not responsible for webcasting or any other form of transmission received from any Linked Site. NDS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NDS of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the NDS Web Site, you warrant to NDS that you will not use the NDS Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NDS Web Site in any manner, which could damage, disable, overburden, or impair the NDS Web Site or interfere with any other party’s use and enjoyment of the NDS Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the NDS Web Site.
Passwords And Account Security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services and account information on the NDS Web Site.
Accordingly, you agree that you will be solely responsible to NDS for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify NDS immediately at email@example.com.
Use Of Communication Services
The NDS Web Site may contain interactive services including, but not limited to, online training, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities (collectively, “Communication Services”) designed to enable you to communicate with NDS or with a group of authorized users. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Advertise or offer to sell or buy any goods or services for any business purpose;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- Restrict or inhibit any other user from using and enjoying the Communication Services;
- Violate any code of conduct or other guidelines which may be applicable to any particular Communication Service;
- Violate any applicable laws or regulations.
NDS has no obligation to monitor the Communication Services. However, NDS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
Always use caution when giving out any personally identifying information about your company or yourself in any Communication Service. NDS does not control or endorse the content, messages or information found in any Communication Service. NDS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. NDS trainers are not authorized NDS spokespersons, and their views do not necessarily reflect those of NDS.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
NDS authorizes you to view and temporarily download one copy of the materials including information, communications, data, documents, text, images, photographs, graphics, audio, sounds, videos, webcasts, software, scripting, and other materials and services on the NDS Web Site, specifically excluding, however, any intellectual property rights (collectively “Content”) for your personal, non-commercial transitory viewing only. This is the grant of a non-exclusive, revocable and limited license for a narrow and specific use, not a transfer of title. Under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the NDS Web Site; remove any copyright or other proprietary notations from the materials; or distribute, republish, upload, post or transfer the materials to another person or “mirror” the materials on any other server. Use of the materials or Content on any other web site or networked computer environment for any purpose is prohibited. This license shall automatically terminate if you violate any of these restrictions and may be terminated by NDS at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Copyrights, Trademarks, And Service Marks
Unless otherwise noted, all Content and other materials on the NDS Web Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by NDS and/or its subsidiaries and affiliates or by third parties that have licensed their material to NDS. The Content on the NDS Web Site is copyrighted and any unauthorized use of the Content of this Web Site may violate copyright, trademark, and other laws, in addition to being a material breach of these Terms and Conditions of Use.
There are a number of proprietary logos, service marks, trademarks, slogans and product designations (“Marks”) found on this website. By making them available on its Web Site, NDS is not granting you a license to use or display them in any fashion whatsoever. Access to this Web Site does not confer upon you any license under any of NDS’s or any third party’s intellectual property rights. Use of NDS’s proprietary logos, service marks, trademarks, slogans and product designations found on this Site by users is strictly prohibited.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NDS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NDS AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE NDS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE NDS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
NDS AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE NDS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NDS AND/OR ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: firstname.lastname@example.org
NDS reserves the right, in its sole discretion, to refuse or remove any information or materials, in whole or in part, or to terminate your access to the NDS Web Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Florida in all disputes arising out of or relating to the use of the NDS Web Site. Use of the NDS Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NDS as a result of this agreement or use of the NDS Web Site.
NDS performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NDS right to comply with governmental, court and law enforcement requests or requirements relating to your use of the NDS Web Site or information provided to or gathered by NDS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NDS with respect to the NDS Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NDS with respect to the NDS Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English and the English language meaning of the Terms will govern your relationship with NDS.
Privacy And Personal Information
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and NDS have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations, and liabilities indefinitely.
Copyright And Trademark Notices
All contents of the NDS Web Site are: Copyright 2017 by NDS and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any example companies, organizations, products, people and events depicted herein that are not actual NDS affiliates are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Notices And Procedure For Making Claims Of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Service Contact. ALL INQUIRIES NOT SUBMITTED ACCORDING TO THIS PROCEDURE WILL RECEIVE NO RESPONSE.
You agree to indemnify and hold NDS, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Site, your conduct in connection with the Site or with users of the Site, or any violation of these Terms or of any law or the rights of any third party.
Any claim relating to the NDS Web Site shall be governed by the laws of the State of Florida without regard to its choice and/or conflict of law provisions. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Broward County, Florida and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Florida.
General Legal Terms
The Terms constitute the entire legal agreement between you and NDS and govern your use of the Services (but excluding any services which NDS may provide to you under a separate written agreement), and completely replace any prior agreements between you and NDS in relation to the Services.
You agree that NDS may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if NDS does not exercise or enforce any legal right or remedy which is contained in the Terms (or which NDS has the benefit of under any applicable law), this will not be taken to be a formal waiver of NDS’s rights and that those rights or remedies will still be available to NDS.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
In order to use the Services, you must first agree to these Terms. You may not use the Services if you do not accept the Terms as expressed herein. You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by NDS in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that NDS will treat your use of the Services as acceptance of the Terms contained herein.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with NDS, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. Before you continue, NDS advises you to print off or save a local copy of these Terms for your records.