(Rev. August 15, 2019)
Use of the DynaFlex Websites (‘Website”) is Subject to YOUR ADHERENCE to the following Terms:
All information contained on this Website, including information related to orthodontic, dental, medical and health conditions, and products and treatments, is for informational and educational purposes only. DYNAFLEX DOES NOT PRACTICE MEDICINE. This information should not be considered complete and is not intended to be used in place of a patient visit, call consultation or advice of an orthodontist, dentist or medical professional, or any information contained on or in any product packaging or labels. Information obtained by using the Website is not exhaustive and does not cover all orthodontic or dental procedures or treatments. The information on this Website and any link to other sites is for informational purposes only and is not intended to provide medical advice for any specific medical condition you may have. This Website does not create a doctor/patient relationship. If you have questions or concerns about your health, please contact your healthcare provider.
COPYRIGHT AND TRADEMARK INFORMATION
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof) are owned by DynaFlex, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The DynaFlex logo is a registered trademark of Ortho Solutions, LC d/b/a DynaFlex. The name DynaFlex, its logos, the product and service names, designs and slogans profiled herein are proprietary marks of DynaFlex or its affiliates or licensors. All other brands, names, logos, product and service names, designs, and slogans on this Website are the property of their respective owners. You may not use any meta tags or any other “hidden text” utilizing DynaFlex’s name or trademarks without our express written consent. You may not utilize framing to enclose any trademark, logo or other proprietary information contained on this Website without our express written consent.
USE OF THE WEBSITE CONTENT
You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page (only) of this Website so long as the link does not portray DynaFlex or its products in a false, misleading, derogatory, or otherwise offensive manner. Without our express written consent, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
YOU AGREE not to reproduce, duplicate, copy, sell, resell, publicly display, publicly perform, or exploit for any commercial purposes use (except the primary commercial purpose of this Website which is for DynaFlex to promote and sell its products and services to medical practitioners) of the Website, access to the Website or any of the content accessible through the Website. You agree not to copy or post on any networked computer, broadcast in any media, or to use, modify, distribute, publish, transmit or create derivative works of any material found on our Website for any public or commercial purposes. You are not permitted to modify any materials from this Website in any way, including but not limited to the deletion or alteration of any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
Notwithstanding the preceding paragraph, you may do the following:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print (or download) one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
Except as expressly provided above, nothing contained in this Website will be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of DynaFlex or any third party.
YOU AGREE to only use this Website for lawful purposes. YOU AGREE to not use our Website to:
- Post or transmit any material that is unrelated to the subject matter of the Website
- Violate or solicit the violation of any applicable local, state, national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)
- Violate the rights of any third party, including but not limited to intellectual property rights, contractual rights, privacy rights or publicity rights
- Interfere with or disrupt the Website, computer servers, boards or portals accessible through the Website (including, without limitation, conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm DynaFlex or users of the Website, or expose them to liability)
- Intentionally seek information on, obtain copies of or modify files or other data or passwords belonging to other users without their permission; or harvest usernames, e-mail addresses or other personal information for any purpose
- Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy or publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated)
- Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous or
- Engage in or facilitate the transmission of unsolicited mass mailing or spamming or any other similar solicitation
YOU FURTHER AGREE not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website
- Use any device, software, or routine that interferes with the proper working of the Website
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack
- Otherwise attempt to interfere with the proper working of the Website.
No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by DynaFlex.
MODIFICATION AND TERMINATION OF WEBSITE
DynaFlex reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice. YOU AGREE that DynaFlex shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. DynaFlex may also make improvements and/or changes in the products or programs described in this Website at any time without notice. However, DynaFlex disclaims any responsibility to update, improve or change this Website. The content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
USE OF EMAIL CONTENT
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE THAT YOU ARE USING THIS WEBSITE AT YOUR OWN RISK. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THIS SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED BY DYNAFLEX ON AN “AS IS” AND “AS AVAILABLE” BASIS, FOR GENERAL INFORMATIONAL PURPOSES AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NEITHER DYNAFLEX NOR ANY PERSON ASSOCIATED WITH THE COMPANY WARRANTS THE ACCURACY, SECURITY, RELIABILITY, AVAILABILITY, USEFULNESS OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, EMAIL RESPONSES, LINKS AND OTHER ITEMS CONTAINED ON THIS WEBSITE OR ANY OTHER SERVER. YOU RELY ON THE WEBSITE AND WEBSITE CONTENT AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE USE, DOWNLOADING OR ACCESSING OF ANY MATERIAL THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING EMAIL) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LIMITATION OF LIABILITY
DYNAFLEX AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE, AND THEIR OFFICERS, DIRECTORS, SUBSIDARIES, PARENT COMPANIES, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, LICENSORS, SUCCESSORS AND ASSIGNS (THE “RELEASED PARTIES”) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DYNAFLEX HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) RESULTING FROM YOUR USE OF THE WEBSITE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS) REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE, EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100). BECAUSE SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU OR SHALL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.
The owner of this Website is based in the State of Missouri, in the United States. We provide this Website for use primarily by persons located in the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
APPLICABLE LAW AND JURISDICTION
LIMITATION ON TIME TO FILE CLAIMS
ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
All purchases through our Website or other transactions for the sale of goods or services formed through the Website, or resulting from visits made by you, are governed by our Terms & Conditions of Sale, which are set forth in the Section of the Website for the product you are purchasing.
If any of these Terms shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.