No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use this
website (the “Site”) strictly in accordance with these Terms and Conditions of Use (“Terms”) and our Privacy Policy (“Policy”), which is set forth below. As a condition of your use of the Site, you warrant to The DSO Marketplace, LLC d/b/a Dental Practice Store (“DPS”) that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the 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 Site. All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of its respective owners, such as DPS or its contractors and thus protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and/or other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. DPS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of DPS and the copyright owner. You agree that you do not acquire any ownership rights in any copyright or otherwise protected content. We do not grant you any licenses, express or implied, to the intellectual property of DPS or our licensors except as expressly authorized by these Terms.
International Users
The Site is controlled, operated and administered by DPS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use DPS Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless DPS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DPS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DPS in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning the Site, these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then any such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service mutually selected by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In
the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The parties agree to arbitrate all disputes and claims in regards to the Site and these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the expiration or earlier termination of these Terms.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DPS AND/OR ITS CONTRACTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. DPS AND/OR ITS CONTRACTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE 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. DPS AND/OR ITS SUPPLIERS 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DPS AND/OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DPS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
DPS reserves the right, in its sole discretion, to terminate your access to the 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 Georgia, and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DPS as a result of this agreement or use of the Site. DPS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DPS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DPS 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 DPS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DPS with respect to the Site. Nothing on the Site shall be construed against DPS on the basis of draftsmanship. 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 to the parties that this agreement and all related documents be written in English.
Changes to Terms
DPS reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. DPS encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
DPS welcomes your questions or comments regarding the Site or terms herein by contacting us via the “Contact Us” page.
Privacy Policy
The Dental Practice Store values its users’ privacy. This Privacy Policy (“Policy”) will help you understand how we collect and use personal information from those who visit our website (the “Site”) or make use of our online platform and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with The Dental Practice Store of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards.
Specifically, this Policy will inform you of the following:
1. What personally identifiable information is collected from you through our Site;
2. Why we collect personally identifiable information and the legal basis for such collection;
3. How we use the collected information and with whom it may be shared;
4. What choices are available to you regarding the use of your data; and
5. The security procedures in place to protect the misuse of your information. It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This Site may collect various types of information, such as:
• Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc. which may be used when you list practice information, register, purchase products and/or services, and/or to deliver the services you have requested.
• Information automatically collected when visiting our Site, which may include cookies, third-party tracking technologies and server logs.
• Non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race, and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.
Changes to this Statement
The Dental Practice Store reserves the right to change this Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our Site, and/or by updating any privacy information on this page. Your continued use of our Site and/or Services available through our Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Third Party Websites
Please note that this Policy does not govern the collection and use of information by companies that The Dental Practice Store do not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the Site with information. The Dental Practice Store may use various third-party social media features including but not limited to LinkedIn, Facebook, Instagram and other interactive programs. These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of their respective providers and are not within The Dental Practice Store. The Dental Practice Store may also deem it necessary, from time to time, to follow websites that our users may frequent to better understand our users, to improve the user experience, and to better learn what types of services and products may be the most popular to customers or the general public. Please rest assured that this Site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this Site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for on this Policy.
Data Storage
We may store your data on servers provided by third party hosting vendors with whom we have contracted, and we do not intend to store such data for longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.
Use of Information Collected
We are collecting your data and may use it for the following reasons:
• To better understand your needs and provide you with the services you have requested;
• To fulfill our legitimate interest in improving our services and products;
• To contact you to fill out surveys or participate in other types of market research, when
we have your consent to do so;
• To assist in the operation of our Site and to ensure delivery of the services you need and
request;
• To keep you informed of other possible products and/or services that may be available
to you from our Site;
• To provide services or products you have ordered;
• in other ways described in this Policy or to which you have otherwise consented;
• As required by law, or in response to a subpoena or search warrant;
• As necessary to enforce the Policy and/or Terms & Conditions of Use (“Terms”), which are incorporated herein by reference; and
• As necessary to maintain, safeguard and preserve all the rights and property of The Dental Practice Store
Non-Marketing Purposes
The Dental Practice Store reserves the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in The Dental Practice Store products and services). In certain circumstances, we may use our Site, correspondence, or other public means to post a notice.
Children Under the Age of 13
The Dental Practice Store is not directed towards children under the age of 13 and it does not knowingly collect personal identifiable information from children under the age of 13. Anyone under the age of 13 must seek and obtain parent or guardian permission to use this Site.
E-mail Communications
From time to time, The Dental Practice Store may contact you via email for the purpose of providing valuable information regarding announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our services, we may receive a notification when you open an email from us or click on a link therein. If you would like to stop receiving marketing, email, or promotional communications via email from us, you may opt-out of such communications by clicking the UNSUBSCRIBE button within the email.
Links to Other Websites
Our Site does contain links to affiliate and other websites. The Dental Practice Store does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our Site and to read the privacy statements of every website that collects personally identifiable information. Our Policy applies only and solely to the information collected by our Site.
Cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added, and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. We may use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our Site in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies can help us provide you with a better Site experience, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Site.
Notice to European Union Users
The Dental Practice Store’s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.
Security
The Dental Practice Store takes precautions to protect your information. When you submit sensitive information via the Site, your information is protected both online and offline. Wherever we collect sensitive information (e.g., credit card information), that information is encrypted and transmitted to us in a secure way. We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Retargeting
From time to time, we may use retargeting advertisements to our Site visitors. These services typically use cookies and web beacons for this purpose.
Acceptance of Policy
By using this Site, you are hereby accepting this Policy. If you are not in agreement with our Policy, then you should refrain from further use of our Site. In addition, your continued use of our Site following the posting of any updates or changes to our Policy shall mean that you agree and acceptance of such changes.
How to Contact Us
If you have any questions or concerns regarding the Policy related to our Site, please feel free to contact us via our “Contact Us” page.
