Website Terms of Use
Last Updated: January 18, 2019

 

1. AN AGREEMENT BETWEEN YOU AND US
The Denture source, LLC (“We,” “Us,” “Our,” or “The Denture source”), controls this website, www.thedenturesource.com (“Site”). These Terms of Use (“Terms of Use”) are applicable to you (“User,” “You,” or “Your”). The terms contained herein apply to all Users of this Site. The Terms of Use are effective upon Your access and use of the Site, and by accessing and using this Site, You agree to comply with and be bound by these terms and conditions, together with the Privacy Policy, and our HIPAA Notice of Privacy Practices, which can be accessed and read on each practice website page, each of which are incorporated into this Agreement by reference and represent the entire understanding and complete agreement by and among You and The Denture source, and where applicable by and among You and the “Affiliated Dental Practices” of The Denture source, as that term is defined in Section 4, below.

Read these Terms of Use carefully before You begin using this Site. If You do not agree to be bound by these Terms of Use, then You should not continue to use this Site, and You should exit its pages.

Note that the Terms of Use may be updated from time to time, and any User’s continued use of this Site after We have made updates to the terms is considered acceptance of those updates. For clarity, all updates are effective immediately when posted. It is Your responsibility to check the Terms of Use periodically for updates.

2. ACCESS AND USE OF THIS WEBSITE

All materials in this Site are made available only to provide information about The Denture source.

A. COPPA Notice. This Site is offered and available to users who are thirteen (13) years of age or older. THIS SITE IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE. You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing Our Privacy Policy. By using this Site, You represent and warrant that You are at least thirteen (13) years old, and You are hereby bound to these terms and conditions. If You do not meet this age requirement, You must not access or use the Site.
B. Use Intended for United States Only. The Denture source controls and operates this website from within the United States of America. We make no representation that these materials are appropriate or available for use in other locations outside of the United States. If You use this Site from other locations, You are responsible for compliance with applicable United States and local laws. By using this Site, You represent and warrant that You are a lawful User of this Site.
C. Reliance on Information Posted. We reserve the right to modify the Site in Our sole discretion without notice. We will not be liable if, for any reason, any part of the Site, or the entire Site, is unavailable for any period of time. Periodically, We may restrict access to portions of the Site, or the entire Site. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within this Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place, or decisions You make, on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on these Site materials by You or any other User of the Site, or by anyone who may be informed of any of its contents.
D. Links to Third-Party Websites. This Site may contain links to other websites on the Internet, and which are not maintained by The Denture source. When You leave this Site, You do so at Your own risk. By providing a link to a third-party website, We are not endorsing or attempting to associate with any other entity. Other websites are not under Our control, and You acknowledge that We shall not be responsible or liable for any of the text, images, videos, content, or any other content or information from a third-party website. You also acknowledge that The Denture source, shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, Your reliance on any information, any good, any service, or any other material provided through a third-party website.
E. Prohibited Uses. As a condition of Your use of the Site, You represent and warrant that You shall not use the Site for any purpose that is unlawful or prohibited by this Agreement. You agree to abide by all applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). Evidence of possible use of this Site for illegal purposes may be provided to law enforcement authorities.
While using the Site, You further agree:

Not to falsify any personal information or otherwise create misleading information;
Not to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
Not to use any device, software, or routine that could interfere with the proper working of the Site;
Not to attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;
Not to transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
Not to use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
Not to use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Our prior written consent;
Not to download, decompile, reverse engineer, disassemble, or manipulate the Site files or Site software in any manner;
Not to interfere with or disrupt the Site networks or servers;
Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means;
WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THIS SITE, OR TO RETAIN THE CONTENT ON THIS SITE, UNLESS OTHERWISE AGREED. Notwithstanding the foregoing, The Denture source reserves the right, in Our sole discretion, to audit or otherwise monitor any communication transmitted using the Site. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business need of The Denture source.

3. INTELLECTUAL PROPERTY

The Site, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by Us, Our licensors, or other providers of such materials. For purposes of clarity, The Denture source owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within Our Site database(s), as part of the Site. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Additionally, all of the Site content is copyrighted material and is protected by the Copyright Act of 1976, and You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without Our prior, express, and written permission. We retain all of these intellectual property rights. You may not copy, download, republish, distribute, reproduce, post, upload, transmit, transfer, prepare derivative versions or works, or otherwise use any of the information contained on this Site in any form without the prior written consent of The Denture source.

4. DISCLAIMER OF WARRANTIES

THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

THE DENTURE SOURCE, TOGETHER WITH ITS AFFILIATED DENTAL PRACTICES LOCATED THROUGHOUT THE UNITED STATES, AND ALL RESPECTIVE AFFILIATED DENTAL PRACTICE OWNERS, AS WELL AS ALL DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS THEREOF (COLLECTIVELY, “AFFILIATED DENTAL PRACTICES”), HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE DENTURE SOURCE AND ITS AFFILIATED DENTAL PRACTICES DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. THE DENTURE SOURCE AND ITS AFFILIATED DENTAL PRACTICES MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE, THEDENTURESOURCE.COM, INFORMATION FOUND ON THIS SITE. THE DENTURE SOURCE AND ITS AFFILIATED DENTAL PRACTICES MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE SITE. THE DENTURE SOURCE AND ITS AFFILIATED DENTAL PRACTICES DO NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.

You are responsible for implementing sufficient procedures and security mechanisms to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data.

THE DENTURE SOURCE AND ITS AFFILIATED DENTAL PRACTICES 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 SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.

5. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE DENTURE SOURCE AND ITS AFFILIATED DENTAL PRACTICES FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THIS SITE.

You, alone, acknowledge that You are responsible for any actions You take while on this Site. You recognize that Your use of the Site and any subsequent actions arising from Your use of the Site are taken solely at Your own risk.

IN NO EVENT WILL THE DENTURE SOURCE, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OR OUR AGENTS, OR ANY OF OUR AFFILIATED DENTAL PRACTICES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

6. INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS The Denture source and its Affiliated Dental Practices, as well as The Denture source’s officers, directors, employees, agents, contractors, licensors, and any information providers, from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation of Your breach of or default under the terms or conditions of these Terms of Use, or any negligence, gross negligence or willful misconduct by or on behalf of You or Your employees or agents. For purposes of clarity, these indemnification obligations apply to Your use of the Site, along with Your use of the Site’s content and services, other than as expressly authorized in this Terms of Use, Your use of any information obtained from the Site, and any information You provide to this Site.

YOU FURTHER AGREE THAT THE DENTURE SOURCE, OR AN AFFILIATED DENTAL PRACTICE, SHALL RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, and in such case, You agree to cooperate with The Denture source, or an Affiliated Dental Practice, in the defense of such matter.

7. GOVERNING LAW, JURISDICTION

These Terms of Use shall be construed, governed, and enforced under the laws of the United States and the [State of Tennessee] (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to this Agreement, shall be in a federal or state court of competent jurisdiction located in [Davidson County, Nashville, Tennessee]. Each party to these Terms of Use waives any objection based on forum non conveniens and waives any objection to venue of any action instituted here under to the extent that an action is brought in the courts identified above.

8. SEVERABILITY

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect.

9. WAIVER

No waiver by The Denture source of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Denture source to assert a right or provision shall not constitute a waiver of such right or provision.

10. CHANGES TO THESE TERMS OF USE

As iterated above, We will make changes to these Terms of Use from time to time. It is Our custom to provide notification on this page when We make material changes. The date that these Terms of Use were last revised is identified at the top of the page. You are responsible for ensuring that You periodically visit Our Site and these Terms of Use to check for any changes.

11. CONTACT US

To ask questions or comment about these Terms of Use, You may contact Us at:

E-mail Address:
Phone:

12. ENTIRE AGREEMENT

These Terms of Use, along with the Privacy Policy and the HIPAA Notice of Privacy Practices, represent the entire understanding and complete agreement by and among You and The Denture source. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS.