DynaFlex® Terms of Use for Website

(Rev. June 28, 2018)

 

Use of the DynaFlex Websites (‘website”) is Subject to YOUR ADHERENCE to the following Terms:

Welcome to the website, sponsored by DynaFlex®.  Please review the following terms and conditions concerning your use of the website.  By accessing, using or downloading any information and/or materials from the website, you agree to follow and be bound by these terms and conditions (the “Terms of Use”).  If you do not agree with these Terms of Use, you may not use this website.  This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

MEDICAL DISCLAIMER

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

All content included on this website, such as text, graphics, logos, button icons, images, digital downloads and software is the property of DynaFlex or its content suppliers and is protected by copyright laws.  The compilation of all content on this site is the exclusive property of DynaFlex® and is protected by copyright laws.  All software used on this website is the property of DynaFlex or its software suppliers and protected by copyright laws.  The DynaFlex logo is a registered trademark of Ortho Solutions, LLC d/b/a DynaFlex.  The product and service names profiled herein are proprietary marks of DynaFlex.   All other brands and names 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

By visiting and using the website, you represent to us that you are at least 13 years old.  Further, by visiting and using the website, you represent to us that, if you are under the age of majority in your state (i.e. if you are a minor), you have consent from a parent or legal guardian to do so, and that your parent or legal guardian has read and agreed to the Privacy Policy and these Terms of Use.  IF YOU ARE UNDER THE AGE OF 13, DO NOT USE THIS WEBSITE.   IF YOU ARE A MINOR, DO NOT USE THE WEBSITE WITHOUT CONSENT OF A PARENT OR LEGAL GUARDIAN.

Subject to these Terms of Use, DynaFlex grants you a limited, personal, revocable, non-exclusive, non-transferable license to use the website for your personal use and not for resale or further distribution.

You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of this website so long as the link does not portray DynaFlex or its products in a false, misleading, derogatory, or otherwise offensive manner.

USER CONDUCT

YOU AGREE not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes use 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.  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:

  1. Post or transmit any material that is unrelated to the subject matter of the website
  2. Violate or solicit the violation of any applicable local, state, national or international law or regulation
  3. Violate the rights of any third party, including but not limited to intellectual property rights, contractual rights, privacy rights or publicity rights
  4. Interfere with or disrupt the website, computer servers, boards or portals accessible through the website
  5. 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
  6. Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity
  7. 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)
  8. 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
  9. Engage in or facilitate the transmission of unsolicited mass mailing or spamming

If you do use the website to commit any of the above violations of our Terms of Use, DynaFlex may, at its sole discretion, terminate your access and use of the website and prosecute you to the fullest extent allowed by law.

 

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.

USE OF EMAIL CONTENT

Transmittal of email to this web site may not be private.  You grant DynaFlex and its designees the unrestricted right to use, reproduce, modify, translate, transmit and distribute any information or material you supply or communicate to the website via such postings in any medium now in existence or hereafter developed for any purposes.  This Section is subject also to our Privacy Policy.

PRIVACY

We may collect web log files and other information about you through the website.  Our collection and use of this information is governed by our Privacy Policy (available here).  Our Privacy Policy explains how your information is used and who has access to it.

WEBSITE LINKS

The website may provide links or references to other sites.  DynaFlex cannot be held responsible for the information, products or services obtained on such other site and will not be liable for any damages arising from access to such sites.  Any links to other sites are provided merely as a convenience to the visitors of this website and any inclusion of such links in this website does not imply an endorsement or warranty of the linked sites or their content, products or services.  Visitors are cautioned that linked sites are governed by their own Terms of Use and Privacy Policies, so visitors linking to such sites should make sure to visit the appropriate pages of those sites to determine what policies will apply.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE THAT YOU ARE USING THIS WEBSITE AT YOUR OWN RISK.  THIS SITE IS PROVIDED BY DYNAFLEX ON AN “AS IS” AND “AS AVAILABLE” BASIS, FOR INFORMATIONAL PURPOSES AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INLCUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTIUCLAR PURPOSE, TITLE OR NON-INFRINGEMENT.  DYNAFLEX DOES NOT WARRANT THE ACCCURACY, 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.  DYNAFLEX DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM DYNAFLEX ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.  NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.  SOME STATES OR COUNTRIES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY.

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, 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, EXCEEDS 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.

INDEMNITY

YOU AGREE to indemnify and hold DynaFlex and the Released Parties, harmless from any costs, damages, expenses and liability, including reasonable attorneys’ fees, arising out of or related to your use of the website or website content, your violation of these Terms of Use, or your violation of any rights of another person or entity.  YOU AGREE to cooperate with us in the defense of any claim.  We reserve the right to exclusive defense and control of any matter subject to indemnification by you and you will not in any event settle any such claim without our prior written consent.

APPLICABLE LAW AND JURISDICTION

By visiting this website, YOU AGREE that the Terms of Use and Privacy Policy for all purposes shall be governed and construed in accordance with the laws of the State of Missouri, without regard to principles of conflict of laws, and that any action based on or alleging a breach of these Terms or Policy must be brought in a state or federal court located in the State of Missouri.  You agree to submit to the personal jurisdiction and venue of such courts.

GENERAL

These Terms of Use constitute the entire agreement between you and DynaFlex with respect to the website and supersede all prior agreements and understandings between you and DynaFlex regarding the matters covered in these Terms.

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.

The failure of DynaFlex to enforce any provisions of these Terms of Use will not be construed as a waiver of any provision or right.

Notices to you may be made via e-mail.  DynaFlex may also provide notices of changes to these Terms of Use or the website by displaying notices or links to notices to you generally on the website.

If you have any questions regarding the Website Terms of Use or the practices of this website you can contact Matt Malabey, mattm@dynaflex.com.