Home > Terms & Conditions
 |
Sunrise Dental USA - Terms
1. ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE
1.1 YOU MUST READ THESE SUNRISE DENTAL USA WEBSITE TERMS OF USE ("TERMS") CAREFULLY.
SUNRISE DENTAL USA AND ITS AFFILIATES ("SUNRISEDENTALUSA.COM") PROVIDE
THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY
OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY
"YOU"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND
BETWEEN SUNRISE DENTAL USA AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING
AN ORDER THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER
MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO
NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 This website ("Website") includes without limitation: (a)
information such as technical, contractual, product, program, pricing,
marketing, and other valuable information ("Information"); and (b)
content such as data, text, software, music, sound, photographs,
graphics, video, messages, or other materials ("Content"). Sunrise
Dental USA controls and operates its websites from various locations and
makes no representation that this Website is appropriate or available
for use in all locations. Sunrise Dental USA products and services may
not be available in Your location, and deliverables may vary among
locations. If You are using the Website on behalf of Your employer, You
represent and warrant that You are authorized to accept these Terms on
Your employer's behalf, and that Your employer agrees to indemnify You
and Sunrise Dental USA for violations of these Terms. In addition to the
Terms and unless otherwise noted, the standard Sunrise Dental USA terms
and conditions of sale in your jurisdiction govern purchases You make
through the Website, unless You have in effect a separate valid written
purchase or license agreement with Sunrise Dental USA for that product
or service, in which case that separate agreement governs, and in cases
of conflict, prevails.
2. YOUR OBLIGATIONS AND CONDUCT
2.1 In consideration of Your use of the Website, You agree to: (a)
provide accurate, current, and complete information about You as may be
prompted by a registration form on the Website (the "Registration
Data"); (b) maintain the security of your password and identification;
(c) maintain and promptly update the Registration Data, and any
information You provide to Sunrise Dental USA, to keep it accurate,
current and complete; and (d) accept all risks of unauthorized access to
information and Registration Data. You have sole responsibility for
adequate protection and backup of data and/or equipment used in
connection with the Website.
2.2 You are entirely responsible for all Content that You upload, post
or otherwise transmit via the Website. You agree not to upload, post or
otherwise transmit via the Website Content that: (a) is inaccurate,
harmful, obscene, pornographic, defamatory, racist, violent, offensive,
harassing, or otherwise objectionable to Sunrise Dental USA or other
users of the Website; (b) includes unauthorized disclosure of personal
information; (c) violates or infringes anyone's intellectual property
rights; or (d) contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment. Sunrise Dental USA reserves the right to edit or remove
Content that violates these Terms or that contains third-party
commercial advertisements.
2.3 You agree that You will not use the Website to: (a) transmit spam,
bulk or unsolicited communications; (b) pretend to be Sunrise Dental USA
or someone else, or spoof Sunrise Dental USA's or someone else's
identity; (c) forge headers or otherwise manipulate identifiers
(including URLs) in order to disguise the origin of any Content
transmitted through the Services; (d) misrepresent your affiliation with
a person or entity; (e) disrupt the normal flow of dialogue or
otherwise act in a manner that negatively affects other users' ability
to use the Website; (f) engage in activities that would violate any
fiduciary relationship, any applicable local, state, national or
international law, or any regulations having the force of law, including
but not limited to attempting to compromise the security of any
networked account or site, operating an illegal lottery or gambling
operation, stalking, or making threats of harm; or (g) collect or store
personal data about other users unless specifically authorized by such
users.
3. CONFIDENTIALITY OF SUNRISE DENTAL USA INFORMATION
3.1 You may obtain direct access via the Website to certain confidential
information of Sunrise Dental USA and its suppliers, including without
limitation technical, contractual, product, program, pricing, marketing
and other valuable information that should reasonably be understood as
confidential ("Confidential Information"). You must hold Confidential
Information in strict confidence. Title to Confidential Information
remains with Sunrise Dental USA and its suppliers.
3.2 Your obligations regarding Confidential Information expire five (5)
years after the date of disclosure. Upon termination of the Terms or
Sunrise Dental USA's written request, You must cease use of Confidential
Information and return or destroy it.
3.3 The Terms impose no obligation upon You with respect to Confidential
Information that You can establish by legally sufficient evidence: (a)
You possessed prior to Your receipt from Sunrise Dental USA, without an
obligation to maintain its confidentiality; (b) is or becomes generally
known to the public through no act or omission by You, or otherwise
without violation of the Terms; (c) You obtained from a third party who
had the right to disclose it, without an obligation to keep such
information confidential; (d) You independently developed without the
use of Confidential Information and without the participation of
individuals who have had access to it, or (e) in response to a valid
order by a court or other governmental body, as otherwise required by
law, or as necessary to establish the rights of either party under these
Terms and as disclosed after prior notice to Sunrise Dental USA
adequate to afford Sunrise Dental USA the opportunity to object to the
disclosure.
4. CONTENT SUBMITTED TO SUNRISE DENTAL USA
4.1 Sunrise Dental USA does not claim ownership of the Content You place
on the Website and shall have no obligation of any kind with respect to
such Content. Unless otherwise stated herein, or in Sunrise Dental
USA's Privacy Policy, any Content You provide in connection with this
Website shall be deemed to be provided on a non confidential basis.
Sunrise Dental USA shall be free to use or disseminate such Content on
an unrestricted basis for any purpose, and You grant Sunrise Dental USA
and all other users of the Website an irrevocable, worldwide,
royalty-free, nonexclusive license to use, reproduce, modify,
distribute, transmit, display, perform, adapt, resell and publish such
Content (including in digital form). You represent and warrant that you
have proper authorization for the worldwide transfer and processing
among Sunrise Dental USA, its affiliates, and third-party providers of
any information that You may provide on the Website.
4.2 Sunrise Dental USA does not routinely monitor Content, but Sunrise
Dental USA and its designees reserve the right to monitor, restrict
access to, edit or remove any Content that is available via the Website.
5. DELIVERY OF E-MAIL
Sunrise Dental USA will attempt to deliver all of the e-mail that is
addressed to Your e-mail address on Sunrise Dental USA's Services.
However, the nature of e-mail is such that Sunrise Dental USA cannot
guarantee delivery of such e-mail.
6. INDEMNITY
You agree to indemnify and hold Sunrise Dental USA and its subsidiaries,
affiliates, shareholders, officers, directors, agents, licensors,
suppliers, alliance members, other partners, employees and
representatives harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Your
Content, Your use of or connection to the Website (including any use by
You on behalf of Your employer), Your violation of the Terms, or Your
violation of any rights of another.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
Sunrise Dental USA may provide notice to You via email, regular mail, or
posting notices or links to notices on the Website. Sunrise Dental USA
reserves the right at any time to modify, suspend or terminate the
Services (or any part thereof), and/or Your use of or access to them,
with or without notice. Sunrise Dental USA may also delete, or bar
access to or use of, all related Information and files. Sunrise Dental
USA will not be liable to You or any third-party for any modification,
suspension, or termination of the Services, or loss of related
information. Sunrise Dental USA may amend these Terms at any time by
posting the amended terms on this Website.
8. ADVERTISEMENTS AND PROMOTIONS
Sunrise Dental USA runs advertisements and promotions from third parties
on the Website. Your correspondence or business dealings with, or
participation in promotions of, advertisers other than Sunrise Dental
USA found on or through the Website, including payment and delivery of
related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between You
and such advertiser. Sunrise Dental USA is not responsible or liable
for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such non-Sunrise Dental USA
advertisers on the Website.
9. CONTENT PROVIDED VIA LINKS
9.1 You may find links to other Internet sites or resources on the
Website. You acknowledge and agree that Sunrise Dental USA is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such
sites or resources. Sunrise Dental USA will not be responsible or
liable, directly or indirectly, for any actual or alleged damage or loss
caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such site or resource.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Except as expressly authorized by Sunrise Dental USA or by Content
providers, You agree not to reproduce, modify, rent, lease, loan, sell,
distribute, mirror, frame, republish, download, transmit, or create
derivative works of the Content of others, in whole or in part, by any
means. You must not modify, decompile, or reverse engineer any software
Sunrise Dental USA discloses to You, and You must not remove or modify
any copyright or trademark notice, or other notice of ownership.
10.2 "Sunrise Dental USA Trademarks" means all names, marks, brands,
logos, designs, trade dress, slogans and other designations Sunrise
Dental USA uses in connection with its products and services. You may
not remove or alter any Sunrise Dental USA Trademarks, or co-brand your
own products or material with Sunrise Dental USA Trademarks, without
Sunrise Dental USA's prior written consent. You acknowledge Sunrise
Dental USA's rights in Sunrise Dental USA Trademarks and agree that any
use of Sunrise Dental USA Trademarks by You shall inure to Sunrise
Dental USA's sole benefit. You agree not to incorporate any Sunrise
Dental USA Trademarks into Your trademarks, service marks, company
names, Internet addresses, domain names, or any other similar
designations, for use on or in connection with computer or
Internet-related products, services or technologies.
10.3 Sunrise Dental USA is committed to respecting others' intellectual
property rights, and we ask our users to do the same. If You believe
that Your work has been copied in a way that constitutes copyright
infringement on our Website, please contact our copyright agent with the
following e-mail address, info@SunriseDentalUSA.com
10.4 Unless explicitly stated herein, nothing in these Terms shall be
construed as conferring any license to intellectual property rights,
whether by stopple, implication, or otherwise. Permission is granted to
display, copy, distribute and download Content owned by Sunrise Dental
USA on this Website provided that: (a) the copyright notice pertaining
to the Content remains, and a permission notice (e.g., "Used with
permission") is added to such Content; (b) the use of such Content is
solely for personal and non-commercial use; (c) such Content will not be
copied or posted on any networked computer or published in any medium,
except as explicitly permitted by valid permission or license covering
such materials; and (d) no modifications are made to such Content. This
permission terminates automatically without notice if You breach any of
the terms or conditions in this Section 10.4. Upon termination, You must
immediately destroy any downloaded and/or printed Content.
11. DISCLAIMER OF WARRANTIES
11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE
EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND
CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN "AS IS" "AS
AVAILABLE" AND "WITH ALL FAULTS" BASIS. SUNRISE DENTAL USA DISCLAIMS ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY
KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. SUNRISE DENTAL USA MAKES NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY,
SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
11.2 SUNRISE DENTAL USA MAKES NO WARRANTY OR REPRESENTATION THAT: (a)
THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE
ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES,
CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE
WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS
IN THE WEBSITE WILL BE CORRECTED.
11.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE,
INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
12. LIMITATION OF LIABILITY
12.1 TO THE FULL EXTENT PERMITTED BY LAW, SUNRISE DENTAL USA IS NOT
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS
OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY
TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN
CONNECTION WITH THE WEBSITE, EVEN IF SUNRISE DENTAL USA HAS PREVIOUSLY
BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF
SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN
TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE
TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING
WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS
OR DATA, MALICIOUS OR CRIMINAL
BEHAVIOR, OR FALSE OR
FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD,
USE, MODIFY OR DISTRIBUTE.
12.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR
LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
13. SUNRISE DENTAL USA 'S PRIVACY POLICY
You consent to the collection, processing and storage by Sunrise Dental
USA of Your personal information in accordance with the terms of Sunrise
Dental USA's Privacy Policy. You agree to comply with all applicable
laws and regulations, and the terms of Sunrise Dental USA's Privacy
Policy, with respect to any access, use and/or submission by You of any
personal information in connection with this Website.
14. GENERAL TERMS
14.1 The Terms constitute the entire agreement between You and Sunrise
Dental USA relating to their subject matter, and cancel and supersede
any prior versions of the Terms. No modification to the Terms will be
binding, unless in writing and signed by an authorized Sunrise Dental
USA representative. You must not assign or otherwise transfer the Terms
or any right granted hereunder. You also may be subject to additional
terms and conditions that may apply when You use Sunrise Dental USA or
third-party products or services.
14.2 You agree that any material breach of Sections 2, 3, 4, 6, and 10
of the Terms will result in irreparable harm to Sunrise Dental USA for
which damages would be an inadequate remedy and, therefore, in addition
to its rights and remedies otherwise available at law, Sunrise Dental
USA will be entitled to equitable relief, including both a preliminary
and permanent injunction, if such a breach occurs. You waive any
requirement for the posting of a bond or other security if Sunrise
Dental USA seeks such an injunction.
14.3 California law and controlling U.S. federal law govern any action
related to the Terms and/or Your use of the Website. Choice of law rules
of any jurisdiction and the United Nations Convention on Contracts for
the International Sale of Goods will not apply to any dispute under the
Terms. You and Sunrise Dental USA agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of King,
Washington, U.S.A.
14.4 Services, Content, and product derived or obtained from this
Website may be subject to the U.S. export laws and the export or import
laws of other countries. You agree to comply strictly with all such laws
and, in particular, shall: (a) obtain any export, re-export, or import
authorizations required by U.S. or your local laws; (b) not use
Services, Content, or direct product from this Website to design,
develop or produce missile, chemical/biological, or nuclear weaponry;
and (c) not provide Services, Content, or direct product from this
Website to prohibited countries and entities identified in the U.S.
export regulations.
14.5 Rights and obligations under the Terms which by their nature should
survive will remain in full effect after termination or expiration of
the Terms.
14.6 The Website may contain forward-looking statements within the
meaning of the Private Securities Litigation Reform Act of 1995. Such
forward-looking statements may include statements regarding market
expectations and opportunities, expectations about financials, research
and development and strategies, statements concerning Sunrise Dental
USA's roadmaps, market share growth, and product and service development
and introduction, and our continuous evaluation of the competitiveness
of our product and service offerings. These forward-looking statements
are just predictions and involve risks and uncertainties. Actual results
may differ materially from results discussed in the forward-looking
statements. Factors that may cause such a difference include risks
related to adverse changes in general economic conditions, failure to
reduce costs, lack of success in technical advancements, the timely
development, production and acceptance of new products and services, and
Sunrise Dental USA's ability to compete in a highly competitive and
rapidly changing marketplace.
14.7 Any express waiver or failure to exercise promptly any right under
the Terms will not create a continuing waiver or any expectation of
non-enforcement. If any provision of the Terms is held invalid by any
law or regulation of any government, or by any court or arbitrator, the
parties agree that such provision will be replaced with a new provision
that accomplishes the original business purpose, and the other
provisions of the Terms will remain in full force and effect.
v.1.6
April 6, 2007
|
|
|
