INTRODUCTION
By using the opalescence.com/find-a-dentist Site, including any programs or services on the opalescence.com/find-a-dentist Site, you agree, without limitation or qualification, to be bound by these opalescence.com/find-a-dentist Terms of Use (the “Terms of Use”) and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with your use of the opalescence.com/find-a-dentist Site. If you do not agree with these Terms of Use, you may not use the opalescence.com/find-a-dentist Site. Ultradent Products, Inc. (“Ultradent”) may change these Terms of Use at any time, without notice, including by adding new provisions or removing or changing existing provisions. You should check these Terms of Use regularly for changes and updates. Your continued use of the opalescence.com/find-a-dentist after any such change has been made will constitute your acceptance of such change.
LICENSE TO USE THE opalescence.com/find-a-dentist Site
Ultradent grants you a personal, non-exclusive, non-transferable limited and revocable license to use the opalescence.com/find-a-dentist Site for the sole purpose of finding contact information for dental health care providers (each a “Dentist”) for you or for your family and/or acquaintances. In no event does this license permit you to transmit any commercial solicitation(s) seeking to sell or otherwise provide any product or service to any Dentist or dental practice.
Neither the opalescence.com/find-a-dentist Site nor any of the data, listings or other constituent elements contained therein may be downloaded, republished, resold or duplicated, in whole or in part, for commercial or any other purposes, or for purposes of compiling mailing lists or any other lists of Dentists. Other than connecting to the opalescence.com/find-a-dentist Site by http request using a web browser, you may not attempt to access Ultradent’s servers by any other means. You may not use the opalescence.com/find-a-dentist Site to compile data or images for use by any commercial entity.
You may not use the opalescence.com/find-a-dentist Site or any information acquired from the opalescence.com/find-a-dentist Site to engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law, including the laws, regulations, and ordinances of any jurisdiction from which you access the opalescence.com/find-a-dentist Site; or to make any phone call or send any email or text message that does not comply with CAN-SPAM, the Telephone Consumer Protection Act or any other applicable federal or state law. You acknowledge that you are solely responsible for ensuring that telephone calls made or email or text messages sent using information obtained from the opalescence.com/find-a-dentist Site are in compliance with CAN-SPAM, the Telephone Consumer Protection Act, or all other applicable federal or state laws.
DISCLAIMER OF WARRANTIES
The opalescence.com/find-a-dentist Site is not a referral service. The opalescence.com/find-a-dentist Site offers unverified contact information that is designed to help members of the general public locate and have access to Dentists in their requested geographic location. The information contained within the opalescence.com/find-a-dentist Site is applicable to the contact information of the Dentist at the time it was gathered. Ultradent has not and does not independently verify the information submitted by the Dentist and does not claim to authenticate such information. The opalescence.com/find-a-dentist Site is for informational purposes only and does not, in any way, constitute a recommendation or endorsem*nt by Ultradent of any Dentist or dental practice listed on the opalescence.com/find-a-dentist Site, or of their qualifications or any services they may provide. You are strongly encouraged and solely responsible to independently check the Dentist’s qualifications and other information and should not rely solely on information provided on the opalescence.com/find-a-dentist Site.
The information contained on the opalescence.com/find-a-dentist Site is not intended to replace or modify the dental or medical advice of your dentist or physician. Please consult your health care provider for advice about a specific dental or medical condition. The information and content on the opalescence.com/find-a-dentist Site must be considered as an informational service only and is not designed to replace a dentist’s or physician's independent judgment about the appropriateness of risks of a procedure or condition for a given patient. In no event shall Ultradent be liable to you, or to anyone else, for any decision made or action taken by you in reliance on any information on the opalescence.com/find-a-dentist Site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE opalescence.com/find-a-dentist SITE, INCLUDING ANY SERVICES OR PROGRAMS FOUND THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ULTRADENT AND ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE “ULTRADENT GROUP”) DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORsem*nTS (COLLECTIVELY THE “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; AND (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ULTRADENT GROUP SPECIFICALLY MAKES NO WARRANTIES THAT THE opalescence.com/find-a-dentist SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT AND INFORMATION CONTAINED THEREIN, OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE opalescence.com/find-a-dentist SITE WILL BE COMPLETE, CURRENT, ACCURATE, OR PROVIDED ON AN UNINTERRUPTED TIMELY, SECURE, OR ERROR FREE BASIS.
LIMIATION OF LIABILITY
UNDER NO CIRc*msTANCES SHALL THE ULTRADENT GROUP BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY OTHER DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OR INABILITY TO USE THE opalescence.com/find-a-dentist SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ULTRADENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE opalescence.com/find-a-dentist SITE, ITS CONTENT, OR ANY WEBSITE OR CONTENT WITH WHICH IT IS LINKED.
INDEMNIFICATION You agree to defend, indemnify and hold harmless each member of the Ultradent Group from and against any and all claims, actions, or demands, including without limitation reasonable legal and accounting fees, resulting from, related to, or alleged to result from (a) your breach of any of these Terms of Use; and/or (b) your access to or use of the opalescence.com/find-a-dentist Site. Ultradent reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your obligation to indemnify the Ultradent Group. You shall not settle any dispute that is subject to your indemnification under these Terms of Use without Ultradent’s prior written consent.
GOVERNING LAW
You expressly agree that all questions of the validity, interpretation, or performance of the terms of these Terms of Use including any dispute with Ultradent that in any way relates to your use of the opalescence.com/find-a-dentist Site shall be governed by Utah law and the federal laws of the United States of America without regard to principles of conflict of laws, and venue shall lie exclusively in the courts of the state of Utah, Salt Lake County. You expressly consent to the jurisdiction of the state or federal courts in the state of Utah and hereby further irrevocably waive any objection to jurisdiction or venue based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
SEVERABILITY
In the event that any provision of these Terms of Use become wholly or partially invalid as evidenced by a ruling of a court of competent jurisdiction, the effectiveness of the remaining provisions shall not be affected, to the extent severable. Upon a determination that any term or provision is invalid, illegal or unenforceable, the court may modify this agreement to effect the original language of the agreement as closely as possible.
ENTIRE AGREEMENT
These Terms of Use constitute the entire contract between you and Ultradent regarding the opalescence.com/find-a-dentist Site and supersede all previous written or oral contracts. Any failure by Ultradent to enforce any term of the Terms of Use shall not affect Ultradent’s right to require performance at any subsequent time, nor shall the waiver by Ultradent of any breach by you of any provisions of these Terms of Use be taken to be a waiver of the provision or provisions itself.
