Separate terms and conditions apply to the purchase,download and use of digital content such as software applications, educationalmaterials, studies etc.
I. LICENSES AND RESTRICTIONS
Spa Dent grants the User a limited, nonexclusive, revocable license toaccess and make personal, non-commercial use (unless User has a businessrelationship with Spa Dent) of the contents of the Spa-dent.com Site, whichincludes Spa Dent Software. Additional terms and conditions apply to UserCreated Content, as that term is defined in Section XII below. Spa Dent furthergrants the User a limited, nonexclusive and revocable right to create ahyperlink to the Spa-dent.com Site so long as the link does not portray SpaDent, its subsidiaries, and affiliates, or their respective products orservices in a false, misleading, derogatory, or otherwise offensive matter. Theforegoing licenses do not include any rights to:
- modify,download (other than page caching, reproduce, copy, or resell theSpa-dent.com Site, the Content or any portion or derivative thereof;
- commerciallyuse the Spa-dent.com Site, the Content or any portion derivative thereof(unless User has a business relationship with Spa Dent);
- copy ordownload any User's account or profile information for the benefit of anythird party;
- enablehigh volume, automated, electronic processes that apply to theSpa-dent.com Site or its systems, the Content or any portion or derivativethereof;
- use anyrobot, spider, data miner, crawler, scraper or other automated means toaccess or index the Spa-dent.com Site or its systems, the Content or anyportion or derivative thereof for any purpose;
- interfereor attempt to interfere with the proper working of the Spa-dent.com Site;
- bypassany measures used by Spa Dent to prevent or restrict access to any portionof the Site, the Content or any portion or derivative thereof;
- frame orutilize framing techniques to enclose any trademark, logo, or otherproprietary information (including images, text, page layout, or form) ofSpa Dent;
- use SpaDent's name, trademarks, services marks or logos in any meta tags or anyother "hidden text" or compile, repackage, disseminate orotherwise use data extracted from the Spa-dent.com Site.
The foregoing are expressly prohibited; the right to do any of theforegoing shall require Spa Dent's express written consent (which may include awritten agreement signed by an authorized representative of Spa Dent). Anyunauthorized use of the Spa-dent.com Site, the Content or any portion orderivative thereof shall terminate any license or permission granted by SpaDent.
Spa Dent, or its parent, subsidiaries, or affiliates, or third partiesfrom whom Spa Dent has permission, own the trademarks or service marks that areused on the Spa-dent.com Site. All rights are reserved. These and othergraphics, logos, service marks, trademarks and trade dress of Spa Dent and itslicensors may not be used without prior written consent of Spa Dent or its licensor,as the case may be. Without limiting the foregoing, no Spa Dent trademark ortrade dress may be used in connection with any product or service that is notSpa Dent's, in any manner that is likely to cause confusion among Users, or inany manner that disparages or discredits Spa Dent.
User acknowledges that the Spa-dent.com Site contains Content, that isprotected by copyrights, trademarks, trade secrets, or other proprietaryrights, and that these rights are valid and protected in all forms, media andtechnologies existing now or hereinafter developed. All Content is or may becopyrighted as a collective work under the U.S. and Canadian copyright laws,and Spa Dent owns a copyright in the selection, coordination, arrangement, andenhancement of such Content on the Spa-dent.com Site. User may not modify,remove, delete, augment, add to, publish, transmit, participate in the transferor sale of, create derivative works from, or in any way exploit any suchContent, in whole or in part. If no specific restrictions are displayed, Usersmay make copies of select portions of the Content, provided that the copies aremade only for User's personal use and that User maintains any notices containedin the Content, such as all copyright notices, trademark legends, or otherproprietary rights notices. Except as provided in the preceding sentence or aspermitted by the fair use privilege under the U.S. or Canadian copyright laws(see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, ordistribute in any way Content protected by copyright, or other proprietaryright, without obtaining permission of the owner of the copyright or otherproperty right. In addition to the foregoing, use of any software Content shallbe governed by these terms and any software license agreement accompanying suchsoftware.
Spa Dent is a distributor and publisher of Content supplied by thirdparties and Users. Spa Dent only has control over it’s own content and has noeditorial control over such Content. Spa Dent is not obligated to review Content,including User Created Content, as that term is defined in Section XII below.Any opinions, advice, statements, services, offers, or other information thatconstitutes part of Content, including User Created Content, expressed or madeavailable by third parties, including any other User, are those of therespective authors or distributors and not of Spa Dent or any Spa-dent.comProvider, unless expressly stated otherwise. Neither Spa Dent nor anySpa-dent.com Provider makes any representation, warranty or guarantee on theaccuracy, completeness, or usefulness of any third party Content unlessotherwise expressly stated. In many instances, the Content, including UserCreated Content, available through the Spa-dent.com Site represents theopinions and judgments of the third party that provides such Content. Under nocircumstance shall either Spa Dent or any Spa-dent.com Provider be liable forany loss, damage or harm caused by a User's reliance on information obtainedthrough the Spa-dent.com Site. It is the responsibility of User to evaluate theaccuracy, completeness or usefulness of the information, opinion, advice, orContent, including User Created Content, available through the Spa-dent.comSite.
Any software distributed by Spa Dent is "commercial computersoftware" or "commercial computer software documentation." TheU.S. Government's rights with respect to the Spa Dent Software are limited bythese Terms and Conditions of Use, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a),as applicable. User agrees that by installing, copying, or otherwise using theSpa Dent Software and the Spa-dent.com Site that: (i) User does not reside in acountry subject to embargo or export controls by the U.S. Government; (ii) Useris not on the List of Denied Persons as published by the U.S. government; and(iii) User will not use the Spa Dent Software or the Spa-dent.com Site for anyillegal purpose. Because the Spa Dent Software, the Spa-dent.com Site, andrelated technical data are subject to U.S. export controls, User agrees thatUser shall not upload, export or "re-export" (transfer) the Spa DentSoftware or any Content, including User Created Content, unless User hascomplied with all applicable U.S. export controls.
The price for an item on the Spa-dent.com Site may differ from the priceshown in a User's shopping cart and it is possible that such price may increaseor decrease between the time the item is placed in a shopping cart and the timethat the purchase is actually made. On rare occasions, an item may be pricedincorrectly on the Spa-dent.com Site. If the price for the item on theSpa-dent.com Site is incorrect and is actually higher than the price providedat the time of purchase, then, at the sole discretion of Spa Dent, Spa Dent mayeither (i) contact the User for instructions before shipping the item orcharging the User for such item; (ii) cancel the order for such item and notifythe User of such cancellation; or (iii) ship the item at the incorrect price tothe benefit of the User. Please note that this policy regarding prices appliesonly to items sold and shipped by Spa Dent. Any purchases from any third-partysellers on the Spa-dent.com Site may be subject to different policies in theevent of an incorrectly priced item.
Please note that this policy regarding prices applies only to items soldand shipped by Spa Dent. Any purchases from any third-party sellers on theSpa-dent.com Site may be subject to different policies in the event of anincorrectly priced item.
VI. RISK OF LOSS
The risk of loss and title for all items purchased via the Spa-dent.comSite pass to the User upon delivery of the item to the carrier.
VII. PRODUCT DESCRIPTION
The items offered for sale on the Spa-dent.com Site contain descriptionsthat are provided directly by Spa Dent and or third party publisher,manufacturer, developer or distributor of such item. Spa Dent does notrepresent or warrant that the descriptions of such items are accurate orcomplete. IF A USER PURCHASES AN ITEM FROM SPA DENT THAT IS NOT AS DESCRIBED ONTHE SPA-DENT.COM SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCHITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
VIII. AGE OF USERS
Our products and services are marketed for and directed towards purchaseby adults or with the consent of adults. Individuals under the age of 18("Minors") are not permitted to use Spa Dent websites without thesupervision of a parent or legal guardian. Furthermore, we do not knowinglycollect or solicit personal information from children under the age of 13 orknowingly allow such persons to register for an online account or to postpersonal information on our websites. Should we learn that someone under theage of 13 has provided any personal information to or on any of the Spa Dentwebsites, we will remove that information as soon as possible.
IX. TERMINATION OF USAGE
In certain cases, in Spa Dent's sole discretion, Spa Dent may providewritten notice (a "Restriction Notice") to a User (a "RestrictedUser") to inform such Restricted User that (i) his or her right to use oraccess any part of the Spa-dent.com Site has been terminated including theright to use, access or create any account thereon; (ii) that Spa Dent refusesto provide any services to such Restricted User; and (iii) any subsequentorders placed by a Restricted User will be subject to cancellation. Otherconditions may apply and shall be set forth in the Restriction Notice.
XI. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the Spa-dent.com Site is responsiblefor (i) keeping his or her account password confidential and secured, (ii)avoiding unauthorized access to such User's computer; and (iii) keeping thee-mail address associated with that account current (User acknowledges that itis important to keep the e-mail address associated with his or her account currentbecause although the User may be able to log into his or her Spa Dent accountusing an old e-mail address, such User will not receive messages from Spa Dentabout his or her orders and inquiries or other matters). User accepts fullresponsibility for all activities that occur within such User's Spa Dentaccount or within the Spa-dent.com Site interactive community.
XII. INTERACTIVE COMMUNITY
The Spa-dent.com Site offers numerous opportunities for interactiveactivities, which enable Users to communicate with each other directly, orwhich enable Users to post information and other material that will be visibleto other Users of those services ("Interactive Community"). ThisSection XII, Interactive Community, applies to the activities of persons whoare using interactive services on the Site ("Interactive CommunityUsers"). The scope of these services may change from time to time, with orwithout notice. You are using Interactive Community services if you view orparticipate in the Spa Dent Educational areas, forums, on line social media,clubs, post a review, create a list, create a profile, submit any User CreatedContent, as defined below, or otherwise participate in any interactive feature.
Spa Dent reserves the right, in its sole discretion, to remove yourprofile and/or deny, restrict, suspend, or terminate your access to all or anypart of the Interactive Community services for any reason.
If you become aware of misuse of the Interactive Community services,including any unlawful, harmful, threatening, abusive, harassing, defamatory,vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, orotherwise objectionable material of any kind, material that encourages conductthat would constitute a criminal offense, give rise to civil liability, orotherwise violates any applicable law, please contact Spa Dent immediately.
Notwithstanding the foregoing, Spa Dent assumes no responsibility forongoing monitoring of the Spa-dent.com Site or for removal or editing of anyUser Created Content, even after receiving notice. Spa Dent assumes noliability for any action or inaction with respect to conduct, communication, orUser Created Content within the Interactive Community.
The Spa-dent.com Site online Interactive Community is not designed foruse by Minors. No children under the age of 13 are permitted to register orcreate user profiles; and individuals ages 13 through 18 must participate inthe community only under the supervision of a parent or legal guardian.Numerous informational and commercial resources (such as computer hardware,software, or filtering services) are available to help parents keep theirchildren safe online. If you are interested in learning more about theseresources, information is available at many sites providing information on suchprotections. Spa Dent does not specifically sponsor or endorse any of thesesites or their services.
You may not post User Created Content that: involves the transmission of"junk mail," "chain letters," or unsolicited mass mailing,instant messaging, "spimming," or "spamming"; containsrestricted or password only access pages or hidden page or images (those notlinked to or from another accessible page); solicits passwords or personalidentifying information for commercial or unlawful purposes from other Users;involves commercial activities and/or sales such as contests, sweepstakes,barter, advertising, or pyramid schemes; includes a photograph or video ofanother person that you have posted without that person's consent; circumventsor modifies, or attempts to circumvent or modify, or encourages or assists anyother person in circumventing or modifying any security technology or softwarethat is part of the Spa-dent.com Site; involves the use of viruses, bots,worms, or any other computer code, files or programs that interrupt, destroy orlimit the functionality of any computer software or hardware, or otherwisepermit the unauthorized use of or access to a computer or a computer network;covers or obscures the banner advertisements on your personal profile page;involves any automated use of the Spa-dent.com Site, such as, but not limitedto, using scripts to add friends or send comments or messages; interferes with,disrupts, or creates an undue burden on the Spa-dent.com Site or the networksor services connected to the Interactive Community services; impersonates orattempts to impersonate another Interactive Community User, person or entity;uses the account, username, or password of another Interactive Community Userat any time or discloses your password to any third party or permits any thirdparty to access your account; sells or otherwise transfers your profile; usesany information obtained from the Spa-dent.com Site in order to harass, abuse,or harm another person or entity, or attempting to do the same.
Interactive Community Users may upload to or otherwise submit to SpaDent for distribution on the Spa-dent.com Site only (i) User Created Contentthat is not subject to any copyright or other proprietary rights restrictions;or (ii) User Created Content in which the owner or licensor has given expressauthorization for Spa Dent to distribute over the Internet. You may not upload,embed, post, e-mail, transmit or otherwise make available any material thatinfringes any copyright, patent, trademark, trade secret or other proprietaryrights of any person or entity. Any copyrighted or other proprietary UserCreated Content distributed with the consent of a copyright owner shouldcontain a phrase such as "Copyright, owned by [name of owner]; used bypermission." Spa Dent is entitled to presume that all User Created Contentconforms to the foregoing requirements. The unauthorized submission ofcopyrighted or other proprietary User Created Content is illegal and couldsubject the User to personal liability for damages in a civil suit as well ascriminal prosecution. Interactive Community Users assume all liability for anydamage resulting from any infringement of copyrights or proprietary rights, orfrom any other harm arising from an unauthorized submission or submission ofUser Created Content. Spa Dent assumes no liability for any damage resultingfrom any infringement of copyrights or proprietary rights, or from any otherharm arising from any User Created Content. By submitting User Created Contentwithin the Interactive Community, Interactive Community Users automaticallygrant, or represent and warrant that the owner or authorized licensor of suchUser Created Content has expressly granted Spa Dent, the royalty-free,perpetual, irrevocable, right and license to use, reproduce, publish,translate, sublicense, copy, modify, delete, enhance and distribute the UserCreated Content in whole or in part worldwide and/or to incorporate such UserCreated Content in other works in any form, media, or technology now known orhereafter developed for the full term of any copyright that may exist in such UserCreated Content. Subject to this grant, the licensor of User Created Contentsubmitted to Spa Dent retains any and all rights which may exist in such UserCreated Content.
User consents to receive electronic communications from Spa Dent, whetheraddressed to the e-mail address associated with such User's Spa Dent account orposted on the Spa-dent.com Site. User acknowledges and agrees that anycommunication via e-mail or by postings on this Spa-dent.com Site satisfies anylegal requirement that such communications be made in writing.
XIV. DISCLAIMERS AND LIMITATION OF LIABILITY
Spa Dent is not responsible for and makes no warranties, express orimplied, as to any Content appearing on or accessed through the Site, includingwithout limitation, any User Created Content or the accuracy and reliability ofthe Content, including User Created Content, posted on the Spa-dent.com Site orthrough the Spa-dent.com Services, whether caused by Users of the Spa-dent.comSite or the Spa-dent.com Services or by any of the equipment or programmingassociated with or utilized in the Spa-dent.com Site or the Spa-dent.comServices, including the Spa Dent Software. Content, including User CreatedContent, does not necessarily reflect the opinions or policies of Spa Dent.Profiles and third party applications created and posted by Users on theSpa-dent.com Site may contain links to other websites. Spa Dent is notresponsible for the content, accuracy or opinions expressed on such websites,and such websites are not necessarily investigated, monitored or checked foraccuracy or completeness by Spa Dent. Inclusion of any linked website on theSpa-dent.com Services does not imply approval or endorsement of the linkedwebsite by Spa Dent. When you access these third party sites, you do so at yourown risk. Spa Dent takes no responsibility for third party advertisements orthird party applications that are posted on or through the Spa-dent.com Site orthe Spa-dent.com Services, nor does it take any responsibility for the goods orservices provided by its advertisers. Spa Dent is not responsible for theconduct, whether online or offline, of any User of the Spa-dent.com Site or theSpa-dent.com Services. Spa Dent assumes no responsibility for any error,omission, interruption, deletion, defect, delay in operation or transmission,communications line failure, theft or destruction or unauthorized access to, oralteration of, any User communication. Spa Dent is not responsible for anyproblems or technical malfunction of the Spa Dent Software, or any telephonenetwork or lines, computer online systems, servers or providers, computerequipment, software, failure of any e-mail or players due to technical problemsor traffic congestion on the Internet or on any of the Spa-dent.com Services orcombination thereof, including any injury or damage to Users or to any person'scomputer related to or resulting from participation or downloading materials inconnection with the Spa-dent.com Site or Services. Under no circumstances shallSpa Dent be responsible for any loss or damage, including personal injury ordeath, resulting from use of the Spa-dent.com Site or Services, from anyContent, including User Created Content, posted on or through the Spa-dent.comServices, from the Spa Dent Software, or from the conduct of any Users of theSpa-dent.com Site or Spa-dent.com Services, whether online or offline.
The Spa-dent.com Site and the Spa Dent Software are provided by Spa Denton an "as is" and "as available" basis. To the fullestextent permissible by applicable law, each Spa-dent.com Provider disclaims allimplied warranties, including but not limited to, implied warranties ofmerchantability and fitness for a particular purpose.
Without limiting the foregoing, neither Spa Dent nor any Spa-dent.comProvider makes any representation or warranty of any kind, express or implied:(i) as to the operation of the Spa-dent.com Site, or the information, Content,including User Created Content, the Spa Dent Software, and materials orproducts included thereon; (ii) that the Spa-dent.com Site or the Spa DentSoftware will be uninterrupted or error-free; (iii) as to the accuracy,reliability, or currency of any information, Content, including User CreatedContent, service, the Spa Dent Software, or merchandise provided through theSpa-dent.com Site; or (iv) that the Spa-dent.com Site, its servers, the SpaDent Software, Content, including User Created Content, or e-mails sent from oron behalf of Spa Dent are free of viruses, scripts, trojan horses, worms orother harmful components.
Spa Dent does not guarantee the continuous, uninterrupted or secureaccess to the Spa-dent.com Site, the Spa Dent Software, or any relatedservices. The operation of the Spa-dent.com Site and the Spa Dent Software maybe interfered with by numerous factors outside the control of Spa Dent.
Under no circumstances shall Spa Dent or any Spa-dent.com Provider be liablefor any damages that result from the use of or inability to use theSpa-dent.com Site, including but not limited to reliance by a User on anyinformation obtained from the Spa-dent.com Site or that result from mistakes,omissions, interruptions, deletion of files or e-mail, errors, defects,viruses, delays in operation or transmission, or any failure of performance, whetheror not resulting from acts of god, communications failure, theft, destruction,or unauthorized access to Spa Dent's records, programs, or services. Userhereby acknowledges that this paragraph shall apply to all Content, includingUser Created Content, the Spa Dent Software, merchandise, and servicesavailable through the Spa-dent.com Site.
Neither Spa Dent nor any Spa-dent.com Provider will be liable for anyindirect, incidental, special or consequential damages arising from the use ofthe Spa-dent.com Site, the Spa Dent Software, or the purchase or download ofany Content, or product therefrom, even if Spa Dent or any Spa-dent.comProvider have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or theexclusion or limitation of certain damages. If these laws apply to a User, someor all of the above disclaimers, exclusions, or limitations may not apply tosuch User, and such User may have additional rights.
XVI. APPLICABLE LAW; JURISDICTION
Each of Spa Dent and User agrees to submit to the nonexclusive personaljurisdiction of the courts located within the Regional Municipality of Waterloo,Ontario and waives any objection to the laying of venue of any litigation insaid courts.
XVII. DISPUTE RESOLUTION
Any claim or controversy at law or equity that arises out of the Termsof Use, the Spa-dent.com Site or any Spa-dent.com Service (each a "Claim"),shall be resolved through binding arbitration conducted by telephone, online orbased solely upon written submissions where no in-person appearance isrequired. In such cases, the arbitration shall be administered by the CanadianArbitration Association under its Commercial Arbitration Rules (includingwithout limitation the Supplementary Procedures for Consumer-Related Disputes,if applicable), and judgment on the award rendered by the arbitrator(s) may beentered in any court having jurisdiction thereof.
Alternatively, at Spa Dent's sole option, a Claim (including Claims forinjunctive or other equitable relief) may be adjudicated by a court ofcompetent jurisdiction located in Regional Municipality of Waterloo, Ontario.
Any Claim shall be arbitrated or litigated, as the case may be, on anindividual basis and shall not be consolidated with any Claim of any otherparty whether through class action proceedings, class arbitration proceedingsor otherwise.
You are solely responsible for your interactions with other Users. SpaDent reserves the right, but has no obligation, to become involved in any waywith disputes between you and other Users.
XVIII. DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the "DMCA")provides recourse for copyright owners who believe that material appearing onthe Internet infringes their rights under U.S. copyright law. If you believe ingood faith that materials hosted by Spa Dent, including User Created Content,infringe your copyright, you (or your agent) may send Spa Dent a notice requestingthat the material be removed or access to it blocked. The notice must includethe following information (a) a physical or electronic signature of a personauthorized to act on behalf of the owner of an exclusive right that isallegedly infringed; (b) identification of the copyrighted work claimed to havebeen infringed (or if multiple copyrighted works located on this website arecovered by a single notification, a representative list of such works); (c)identification of the material that is claimed to be infringing or the subjectof infringing activity, and information reasonably sufficient to allow Spa Dentto locate the material on the Spa Dent Site; (d) the name, address, telephonenumber and e-mail address (if available) of the complaining party; (e) astatement that the complaining party has a good faith belief that use of thematerial in the manner complained of is not authorized by the copyright owner,its agent or the law; and (f) a statement that the information in thenotification is accurate, and under penalty of perjury, that the complainingparty is authorized to act on behalf of the owner of an exclusive right that isallegedly infringed. If you believe in good faith that a notice of copyrightinfringement has been wrongly filed against you, the DMCA permits you to sendSpa Dent a counter-notice. Notices and counter-notices must meet thethen-current statutory requirements imposed by the DMCA; seehttp://www.loc.gov/copyright for details. Notices and counter-notices withrespect to this website should be sent to: Copyright Agent, Spa Dent Inc.Legal Department, 254-55 Northfied Dr., Waterloo, Ontario Canada N2K 3T6. SpaDent suggests that you consult your legal advisor before filing a notice orcounter-notice. Also, be aware that there can be penalties for false claimsunder the DMCA.
XIX. ADDITIONAL TERMS AND CONDITIONS
In addition to the policies and guidelines located throughout theSpa-dent.com Site, the following policies are incorporated into the Terms ofUse:
- (alsoaccessible via a link on the bottom of the Spa-dent.com)
Comparison charts, studies and other related information on the siteincludes trademarks of various manufacturers, all trademarks and registeredtrademarks are the property of their respective owners.
These termswere last revised on April 21, 2021.