Terms & Conditions
Effective Date:
February 1, 2017
Welcome to, The Profitable Dentist, Excellence in Dentistry,LLC, DentivaDental, and the TPD Buyer’s Club websites located at www.myeidonline.com and www.tpdbuyersclub.com (the “Site”). The sites are operated by The Profitable Dentist, Excellence In Dentistry, LLC, DentivaDental, or SourceOne Dental, Inc. (“we” or “us”). We provide the Site to you subject to the terms, conditions, and notices contained in and incorporated by reference into these Terms and Conditions (the “Terms”). Please read these Terms carefully before using the Site and keep a copy of these Terms for your reference. By accessing and using the Site, you explicitly agree to COMPLY WITH AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS, DO NOT USE THIS SITE.
We reserve the right, at our sole discretion, to change or modify the Terms at any time. The most current version of the Terms will supersede all previous versions. You can determine if the Terms have changed by the Effective Date set forth above. Each time that you use the Site you should review the then-current Terms. If you are dissatisfied with the Site and/or the Terms, you agree that your sole, exclusive remedy is to stop using the Site.
The Sites are e-commerce Sites at which we are an e-commerce marketer of dental products and supplies to customers in the United States. All products offered for sale at this Site are sold and shipped by us or the noted manufacturer.
Privacy Policy
Our Privacy Policy: http://www.myeidonline.com/privacy-policy.html and https://www.tpdbuyersclub.com/privacy-policy details information on how we collect, use and disclose personally identifiable information from users of the Site. The Privacy Policy is incorporated into these Terms. If any conflict exists between the Terms and our Privacy Policy, the Terms will prevail.
Children
Our Site is not designed nor intended for children under the age of 13. You may not use the Site if you are under the age of 13. If you are under the age of 18, you may use the Site only with permission of a parent or guardian.
Electronic Communications
Visiting the Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you wish to purchase any products or supplies that are listed on our Sites, you must establish an account. You agree to provide accurate, current and complete information as you may be prompted when establishing an account on the Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept all risks of unauthorized access to your account and you accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge and agree that we are not responsible for third party access to your account that results from theft or misappropriation of your account.
Cancellation/Refund Policy
Cancellations and refunds are determined by the manufacturers and vendors who sell their products on our Sites. We will provide you with the return policies of each vendor on the Site.
Pricing and Errors
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled due to any error, inaccuracy or omission, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
All prices stated on the Site do not include any applicable taxes. As may be required by the sellers of products available at the Sites, and/or applicable law, your purchase of products may include a charge for sales tax. If you do not pay sales tax on a purchase at the Site, you may still be required to pay certain use taxes to your state taxing authority.
Links to Third Party Sites/Third Party Services
The Sites may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites and any Third-Party Content at your own risk. We do not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or web sites linking to the Sites. You should review applicable terms and policies, including privacy policies and data gathering practices, of any Third-Party Site, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Certain services made available via the Sites are delivered by third party sites and organizations. By using any product, service or functionality originating from the Sites, you hereby acknowledge and agree that we may share information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Sites strictly in accordance with these Terms (the “License”). The License is specifically conditioned upon the following: (i) you may only view, copy and print portions of the Sites content for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Sites or their contents, or any portion thereof; (iii) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Site’s content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not reproduce, prepare derivative works from, distribute or display the Sites or any of their content (other than for page caching), except as provided in these Terms. Except as expressly permitted above, any use of any portion of the Sites or their content without our prior written permission is strictly prohibited and will terminate the License.
You warrant to us that your use of the Sites will be consistent with the License, will not infringe, misappropriate, or violate our rights or any other party or breach any contract or legal duty to us or any other party or violate any law. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
All content included as part of the Sites, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sites, is the property of us, or its suppliers, and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any Sites content and will not make any changes thereto. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other messages or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials at our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to or Posted on the Site. We do not claim ownership of the materials you provide, post, upload, input or submit to the Site (including feedback and suggestions) (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you grant us, our affiliated companies and necessary sublicensees, a non-exclusive, perpetual and irrevocable license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission in connection with the Sites and the businesses operated at the Sites, and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time at our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission and have the power and authority to grant the license set forth above.
Third Party Accounts
You will be able to connect your account at the Site to third party accounts. By connecting your account to a third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others. If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Sites are controlled, operated and administered by us from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site or its content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification.
You agree to indemnify, defend and hold harmless Excellence In Dentistry, LLC, DentivaDental, The Profitable Dentist, and TPD Buyer’s Club, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Sites, your Submissions, your violation of the Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Warranty Disclaimer
THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION AT THE SITE, INCLUDING, WITHOUT LIMITATION, CHANGES TO PRICING AND DELIVERY TERMS. WE, OUR LICENSORS AND/OR MANUFACTURERS OF PRODUCTS AVAILABLE AT THE SITE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
WE, OUR LICENSORS AND/OR MANUFACTURERS OF PRODUCTS AVAILABLE AT THE SITE MAKE NO WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE. EXCEPT AS OTHERWISE PROVIDED IN WRITING, ALL SUCH CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR LICENSORS AND/OR MANUFACTURERS OF PRODUCTS AVAILABLE AT THE SITES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ON OR AVAILABLE AT THE SITES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR LICENSORS AND/OR MANUFACTURERS OF PRODUCTS AVAILABLE AT THE SITES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE, OUR LICENSORS AND/OR MANUFACTURERS OF PRODUCTS AVAILABLE AT THE SITES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction.
We reserve the right, at our sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice.
Limitation of Access
Our sites are private websites limited exclusively for use by active members of the “The Profitable Dentist/ Excellence in Dentistry”. Only TPD members and their staffs may access the Site for the sole purpose of comparing, shopping, or purchasing products.
Governing Law and Jurisdiction.
To the maximum extent permitted by law, the Terms are governed by the laws of the State of Indiana and you hereby consent to personal jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Miscellaneous.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the Sites. Our performance of these Terms are subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect.
Unless otherwise specified herein, the Terms constitute the entire agreement between you and Excellence In Dentistry, LLC, DentivaDental, The Profitable Dentist or TPD Buyer’s Club with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Sites. A printed version of the Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Terms and all documents related to the Terms and the Site are to be written in English and the English version will take precedence over any other version.
Contact Us
We welcome your questions or comments regarding the Terms:
Excellence In Dentistry, LLC.
ATTN: Terms
3211 Grant Line Rd.
Suite 20
New Albany, IN 47150
Email Address: EID@theprofitabledentist.com
Telephone number: (800) 337-8467
February 1, 2017
Welcome to, The Profitable Dentist, Excellence in Dentistry,LLC, DentivaDental, and the TPD Buyer’s Club websites located at www.myeidonline.com and www.tpdbuyersclub.com (the “Site”). The sites are operated by The Profitable Dentist, Excellence In Dentistry, LLC, DentivaDental, or SourceOne Dental, Inc. (“we” or “us”). We provide the Site to you subject to the terms, conditions, and notices contained in and incorporated by reference into these Terms and Conditions (the “Terms”). Please read these Terms carefully before using the Site and keep a copy of these Terms for your reference. By accessing and using the Site, you explicitly agree to COMPLY WITH AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS, DO NOT USE THIS SITE.
We reserve the right, at our sole discretion, to change or modify the Terms at any time. The most current version of the Terms will supersede all previous versions. You can determine if the Terms have changed by the Effective Date set forth above. Each time that you use the Site you should review the then-current Terms. If you are dissatisfied with the Site and/or the Terms, you agree that your sole, exclusive remedy is to stop using the Site.
The Sites are e-commerce Sites at which we are an e-commerce marketer of dental products and supplies to customers in the United States. All products offered for sale at this Site are sold and shipped by us or the noted manufacturer.
Privacy Policy
Our Privacy Policy: http://www.myeidonline.com/privacy-policy.html and https://www.tpdbuyersclub.com/privacy-policy details information on how we collect, use and disclose personally identifiable information from users of the Site. The Privacy Policy is incorporated into these Terms. If any conflict exists between the Terms and our Privacy Policy, the Terms will prevail.
Children
Our Site is not designed nor intended for children under the age of 13. You may not use the Site if you are under the age of 13. If you are under the age of 18, you may use the Site only with permission of a parent or guardian.
Electronic Communications
Visiting the Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you wish to purchase any products or supplies that are listed on our Sites, you must establish an account. You agree to provide accurate, current and complete information as you may be prompted when establishing an account on the Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept all risks of unauthorized access to your account and you accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge and agree that we are not responsible for third party access to your account that results from theft or misappropriation of your account.
Cancellation/Refund Policy
Cancellations and refunds are determined by the manufacturers and vendors who sell their products on our Sites. We will provide you with the return policies of each vendor on the Site.
Pricing and Errors
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled due to any error, inaccuracy or omission, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
All prices stated on the Site do not include any applicable taxes. As may be required by the sellers of products available at the Sites, and/or applicable law, your purchase of products may include a charge for sales tax. If you do not pay sales tax on a purchase at the Site, you may still be required to pay certain use taxes to your state taxing authority.
Links to Third Party Sites/Third Party Services
The Sites may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites and any Third-Party Content at your own risk. We do not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or web sites linking to the Sites. You should review applicable terms and policies, including privacy policies and data gathering practices, of any Third-Party Site, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Certain services made available via the Sites are delivered by third party sites and organizations. By using any product, service or functionality originating from the Sites, you hereby acknowledge and agree that we may share information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Sites strictly in accordance with these Terms (the “License”). The License is specifically conditioned upon the following: (i) you may only view, copy and print portions of the Sites content for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Sites or their contents, or any portion thereof; (iii) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Site’s content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not reproduce, prepare derivative works from, distribute or display the Sites or any of their content (other than for page caching), except as provided in these Terms. Except as expressly permitted above, any use of any portion of the Sites or their content without our prior written permission is strictly prohibited and will terminate the License.
You warrant to us that your use of the Sites will be consistent with the License, will not infringe, misappropriate, or violate our rights or any other party or breach any contract or legal duty to us or any other party or violate any law. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
All content included as part of the Sites, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sites, is the property of us, or its suppliers, and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any Sites content and will not make any changes thereto. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other messages or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials at our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to or Posted on the Site. We do not claim ownership of the materials you provide, post, upload, input or submit to the Site (including feedback and suggestions) (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you grant us, our affiliated companies and necessary sublicensees, a non-exclusive, perpetual and irrevocable license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission in connection with the Sites and the businesses operated at the Sites, and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time at our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission and have the power and authority to grant the license set forth above.
Third Party Accounts
You will be able to connect your account at the Site to third party accounts. By connecting your account to a third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others. If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Sites are controlled, operated and administered by us from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site or its content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification.
You agree to indemnify, defend and hold harmless Excellence In Dentistry, LLC, DentivaDental, The Profitable Dentist, and TPD Buyer’s Club, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Sites, your Submissions, your violation of the Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Warranty Disclaimer
THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION AT THE SITE, INCLUDING, WITHOUT LIMITATION, CHANGES TO PRICING AND DELIVERY TERMS. WE, OUR LICENSORS AND/OR MANUFACTURERS OF PRODUCTS AVAILABLE AT THE SITE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
WE, OUR LICENSORS AND/OR MANUFACTURERS OF PRODUCTS AVAILABLE AT THE SITE MAKE NO WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE. EXCEPT AS OTHERWISE PROVIDED IN WRITING, ALL SUCH CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR LICENSORS AND/OR MANUFACTURERS OF PRODUCTS AVAILABLE AT THE SITES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ON OR AVAILABLE AT THE SITES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR LICENSORS AND/OR MANUFACTURERS OF PRODUCTS AVAILABLE AT THE SITES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE, OUR LICENSORS AND/OR MANUFACTURERS OF PRODUCTS AVAILABLE AT THE SITES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction.
We reserve the right, at our sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice.
Limitation of Access
Our sites are private websites limited exclusively for use by active members of the “The Profitable Dentist/ Excellence in Dentistry”. Only TPD members and their staffs may access the Site for the sole purpose of comparing, shopping, or purchasing products.
Governing Law and Jurisdiction.
To the maximum extent permitted by law, the Terms are governed by the laws of the State of Indiana and you hereby consent to personal jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Miscellaneous.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the Sites. Our performance of these Terms are subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect.
Unless otherwise specified herein, the Terms constitute the entire agreement between you and Excellence In Dentistry, LLC, DentivaDental, The Profitable Dentist or TPD Buyer’s Club with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Sites. A printed version of the Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Terms and all documents related to the Terms and the Site are to be written in English and the English version will take precedence over any other version.
Contact Us
We welcome your questions or comments regarding the Terms:
Excellence In Dentistry, LLC.
ATTN: Terms
3211 Grant Line Rd.
Suite 20
New Albany, IN 47150
Email Address: EID@theprofitabledentist.com
Telephone number: (800) 337-8467