WELCOME TO THE SPA-DENT.COM WEBSITE (THE "SPA-DENT.COM SITE"), A WEBSITE OWNED AND OPERATED BY SPA DENT INC.
Separate terms and conditions apply to the purchase, download and use of digital content such as software applications, educational materials, studies etc.
I. LICENSES AND RESTRICTIONS
Spa Dent grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Spa Dent) of the contents of the Spa-dent.com Site, which includes Spa Dent Software. Additional terms and conditions apply to User Created Content, as that term is defined in Section XII below. Spa Dent further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Spa-dent.com Site so long as the link does not portray Spa Dent, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. The foregoing licenses do not include any rights to:
- modify, download (other than page caching, reproduce, copy, or resell the Spa-dent.com Site, the Content or any portion or derivative thereof;
- commercially use the Spa-dent.com Site, the Content or any portion derivative thereof (unless User has a business relationship with Spa Dent);
- copy or download any User's account or profile information for the benefit of any third party;
- enable high volume, automated, electronic processes that apply to the Spa-dent.com Site or its systems, the Content or any portion or derivative thereof;
- use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Spa-dent.com Site or its systems, the Content or any portion or derivative thereof for any purpose;
- interfere or attempt to interfere with the proper working of the Spa-dent.com Site;
- bypass any measures used by Spa Dent to prevent or restrict access to any portion of the Site, the Content or any portion or derivative thereof;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Spa Dent;
- use Spa Dent's name, trademarks, services marks or logos in any meta tags or any other "hidden text" or compile, repackage, disseminate or otherwise use data extracted from the Spa-dent.com Site.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require Spa Dent's express written consent (which may include a written agreement signed by an authorized representative of Spa Dent). Any unauthorized use of the Spa-dent.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Spa Dent.
Spa Dent, or its parent, subsidiaries, or affiliates, or third parties from whom Spa Dent has permission, own the trademarks or service marks that are used on the Spa-dent.com Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Spa Dent and its licensors may not be used without prior written consent of Spa Dent or its licensor, as the case may be. Without limiting the foregoing, no Spa Dent trademark or trade dress may be used in connection with any product or service that is not Spa Dent's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Spa Dent.
User acknowledges that the Spa-dent.com Site contains Content, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. and Canadian copyright laws, and Spa Dent owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Spa-dent.com Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. or Canadian copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
Spa Dent is a distributor and publisher of Content supplied by third parties and Users. Spa Dent only has control over it’s own content and has no editorial control over such Content. Spa Dent is not obligated to review Content, including User Created Content, as that term is defined in Section XII below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Spa Dent or any Spa-dent.com Provider, unless expressly stated otherwise. Neither Spa Dent nor any Spa-dent.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the Spa-dent.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Spa Dent or any Spa-dent.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Spa-dent.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through the Spa-dent.com Site.
Any software distributed by Spa Dent is "commercial computer software" or "commercial computer software documentation." The U.S. Government's rights with respect to the Spa Dent Software are limited by these Terms and Conditions of Use, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable. User agrees that by installing, copying, or otherwise using the Spa Dent Software and the Spa-dent.com Site that: (i) User does not reside in a country subject to embargo or export controls by the U.S. Government; (ii) User is not on the List of Denied Persons as published by the U.S. government; and (iii) User will not use the Spa Dent Software or the Spa-dent.com Site for any illegal purpose. Because the Spa Dent Software, the Spa-dent.com Site, and related technical data are subject to U.S. export controls, User agrees that User shall not upload, export or "re-export" (transfer) the Spa Dent Software or any Content, including User Created Content, unless User has complied with all applicable U.S. export controls.
The price for an item on the Spa-dent.com Site may differ from the price shown in a User's shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Spa-dent.com Site. If the price for the item on the Spa-dent.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Spa Dent, Spa Dent may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User. Please note that this policy regarding prices applies only to items sold and shipped by Spa Dent. Any purchases from any third-party sellers on the Spa-dent.com Site may be subject to different policies in the event of an incorrectly priced item.
Please note that this policy regarding prices applies only to items sold and shipped by Spa Dent. Any purchases from any third-party sellers on the Spa-dent.com Site may be subject to different policies in the event of an incorrectly priced item.
VI. RISK OF LOSS
The risk of loss and title for all items purchased via the Spa-dent.com Site pass to the User upon delivery of the item to the carrier.
VII. PRODUCT DESCRIPTION
The items offered for sale on the Spa-dent.com Site contain descriptions that are provided directly by Spa Dent and or third party publisher, manufacturer, developer or distributor of such item. Spa Dent does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM SPA DENT THAT IS NOT AS DESCRIBED ON THE SPA-DENT.COM SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
VIII. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use Spa Dent websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Spa Dent websites, we will remove that information as soon as possible.
IX. TERMINATION OF USAGE
In certain cases, in Spa Dent's sole discretion, Spa Dent may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Spa-dent.com Site has been terminated including the right to use, access or create any account thereon; (ii) that Spa Dent refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
XI. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the Spa-dent.com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Spa Dent account using an old e-mail address, such User will not receive messages from Spa Dent about his or her orders and inquiries or other matters). User accepts full responsibility for all activities that occur within such User's Spa Dent account or within the Spa-dent.com Site interactive community.
XII. INTERACTIVE COMMUNITY
The Spa-dent.com Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ("Interactive Community"). This Section XII, Interactive Community, applies to the activities of persons who are using interactive services on the Site ("Interactive Community Users"). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you view or participate in the Spa Dent Educational areas, forums, on line social media, clubs, post a review, create a list, create a profile, submit any User Created Content, as defined below, or otherwise participate in any interactive feature.
Spa Dent reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason.
If you become aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please contact Spa Dent immediately.
Notwithstanding the foregoing, Spa Dent assumes no responsibility for ongoing monitoring of the Spa-dent.com Site or for removal or editing of any User Created Content, even after receiving notice. Spa Dent assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community.
The Spa-dent.com Site online Interactive Community is not designed for use by Minors. No children under the age of 13 are permitted to register or create user profiles; and individuals ages 13 through 18 must participate in the community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software, or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. Spa Dent does not specifically sponsor or endorse any of these sites or their services.
You may not post User Created Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Spa-dent.com Site; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the Spa-dent.com Site, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the Spa-dent.com Site or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the Spa-dent.com Site in order to harass, abuse, or harm another person or entity, or attempting to do the same.
Interactive Community Users may upload to or otherwise submit to Spa Dent for distribution on the Spa-dent.com Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for Spa Dent to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." Spa Dent is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. Spa Dent assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted Spa Dent, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to Spa Dent retains any and all rights which may exist in such User Created Content.
User consents to receive electronic communications from Spa Dent, whether addressed to the e-mail address associated with such User's Spa Dent account or posted on the Spa-dent.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this Spa-dent.com Site satisfies any legal requirement that such communications be made in writing.
XIV. DISCLAIMERS AND LIMITATION OF LIABILITY
Spa Dent is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any User Created Content or the accuracy and reliability of the Content, including User Created Content, posted on the Spa-dent.com Site or through the Spa-dent.com Services, whether caused by Users of the Spa-dent.com Site or the Spa-dent.com Services or by any of the equipment or programming associated with or utilized in the Spa-dent.com Site or the Spa-dent.com Services, including the Spa Dent Software. Content, including User Created Content, does not necessarily reflect the opinions or policies of Spa Dent. Profiles and third party applications created and posted by Users on the Spa-dent.com Site may contain links to other websites. Spa Dent is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Spa Dent. Inclusion of any linked website on the Spa-dent.com Services does not imply approval or endorsement of the linked website by Spa Dent. When you access these third party sites, you do so at your own risk. Spa Dent takes no responsibility for third party advertisements or third party applications that are posted on or through the Spa-dent.com Site or the Spa-dent.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. Spa Dent is not responsible for the conduct, whether online or offline, of any User of the Spa-dent.com Site or the Spa-dent.com Services. Spa Dent assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Spa Dent is not responsible for any problems or technical malfunction of the Spa Dent Software, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Spa-dent.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Spa-dent.com Site or Services. Under no circumstances shall Spa Dent be responsible for any loss or damage, including personal injury or death, resulting from use of the Spa-dent.com Site or Services, from any Content, including User Created Content, posted on or through the Spa-dent.com Services, from the Spa Dent Software, or from the conduct of any Users of the Spa-dent.com Site or Spa-dent.com Services, whether online or offline.
The Spa-dent.com Site and the Spa Dent Software are provided by Spa Dent on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each Spa-dent.com Provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, neither Spa Dent nor any Spa-dent.com Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Spa-dent.com Site, or the information, Content, including User Created Content, the Spa Dent Software, and materials or products included thereon; (ii) that the Spa-dent.com Site or the Spa Dent Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including User Created Content, service, the Spa Dent Software, or merchandise provided through the Spa-dent.com Site; or (iv) that the Spa-dent.com Site, its servers, the Spa Dent Software, Content, including User Created Content, or e-mails sent from or on behalf of Spa Dent are free of viruses, scripts, trojan horses, worms or other harmful components.
Spa Dent does not guarantee the continuous, uninterrupted or secure access to the Spa-dent.com Site, the Spa Dent Software, or any related services. The operation of the Spa-dent.com Site and the Spa Dent Software may be interfered with by numerous factors outside the control of Spa Dent.
Under no circumstances shall Spa Dent or any Spa-dent.com Provider be liable for any damages that result from the use of or inability to use the Spa-dent.com Site, including but not limited to reliance by a User on any information obtained from the Spa-dent.com Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Spa Dent's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including User Created Content, the Spa Dent Software, merchandise, and services available through the Spa-dent.com Site.
Neither Spa Dent nor any Spa-dent.com Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Spa-dent.com Site, the Spa Dent Software, or the purchase or download of any Content, or product therefrom, even if Spa Dent or any Spa-dent.com Provider have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
XVI. APPLICABLE LAW; JURISDICTION
Each of Spa Dent and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within the Regional Municipality of Waterloo, Ontario and waives any objection to the laying of venue of any litigation in said courts.
XVII. DISPUTE RESOLUTION
Alternatively, at Spa Dent's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Regional Municipality of Waterloo, Ontario.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
You are solely responsible for your interactions with other Users. Spa Dent reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
XVIII. DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Spa Dent, including User Created Content, infringe your copyright, you (or your agent) may send Spa Dent a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Spa Dent to locate the material on the Spa Dent Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Spa Dent a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Copyright Agent, Spa Dent Inc. Legal Department, 254-55 Northfied Dr., Waterloo, Ontario Canada N2K 3T6. Spa Dent suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
XIX. ADDITIONAL TERMS AND CONDITIONS
- Copyright Policy
- (also accessible via a link on the bottom of the Spa-dent.com)
Comparison charts, studies and other related information on the site includes trademarks of various manufacturers, all trademarks and registered trademarks are the property of their respective owners.
These terms were last revised on June 20, 2015.