Acceptance of Terms
(“Site”), which is operated by Heraeus
Kulzer LLC ("Heraeus",“we” or “us”) for the benefit of participating dentists, dental
laboratories, other business partners and other visitors to the Site (each a “User”).
The Site is intended for use only
by users who are at least 18 years of age.
Your access to and use of this
regulations. Only entities and persons
over the age of legal majority who can form legally binding agreement(s) under
applicable law are permitted to use the Site and/or establish a Site account
where applicable. Please read these
or any information or Content contained on this Site. If you access and
We can change or update these
changes or updates are posted, you will be deemed to agree to such changes or
updates. Unless otherwise indicated, any new Content added to this Site will
of Use periodically for changes and updates.
Please contact us as indicated under “How to Contact Us” if you have any
questions or would like additional information.
Only licensed medical professionals can provide
medical advice. All information on this Site is for informational purposes only
and is not intended to provide medical advice.
Heraeus is not a provider of medical, dental or health care
services and does not and cannot practice medicine, dentistry or give medical
advice. All decisions about treatment of a patient are to be made by a licensed
medical professional who is solely responsible to determine whether our
products are appropriate for a specific patient, use or application. It is within
a doctor’s sole discretion to implement any of Heraeus’s recommendations or to
prescribe or use any product or service offered by Heraeus (collectively, “
Products”), including but not limited
to proceeding with order submission.
Purchasing Products Online
Products may only be ordered and
purchased by dental professionals only through a dental distributor or dental
laboratory. Please note that some Products may not be available in all
Limited License and Site Access;
All Rights Reserved
We hereby grants you a limited,
non-exclusive and revocable license to access and make personal use of this
Site, but not to download, copy (other than page caching) or modify it, or any
portion of it, except with our express written consent.
This license does not include any
resale or commercial use or alternative display of this Site or the
text, pictures, graphics, logos, images,
works of authorship, computer code, look and feel, trade dress, technical
information and other content, or any available features or services discussed,
referenced, provided or offered through or on the Site (collectively, “Content”).
You may not reproduce duplicate,
copy, sell, resell, visit, or otherwise exploit for any commercial purpose this
Site or any portion of this Site. You
may not frame or utilize framing techniques to enclose our trademark, logo, or
other proprietary information (including images, text, page layout, or form)
without our express written consent. You
may not use any meta-tags or any other “hidden text” utilizing our or any third
party’s name(s) or service marks without the express written consent of their
respective owners. As between us, we
retain all right, title, and interest in this Site and any Content, features
and services offered on this Site, including any and all intellectual property
rights. We reserve all rights not
expressly granted for ourselves and on behalf of our licensors.
Any unauthorized use terminates the
permission or license granted by Heraeus.
All Content, and compilation
(meaning the collection, arrangement and assembly) of Content, on this Site is
copyrighted by us or our third party content suppliers. The Content is
protected by U.S. and international copyright laws.
You may download information from
this Site and print out a hard copy for your personal use provided that you
keep intact and do not remove or alter any copyright or other notice (e.g.,
trademark, patent, etc.) contained in the information. You may not alter,
modify, copy, distribute (for compensation or otherwise), transmit, display,
perform, reproduce, reuse, post, publish, license, frame, download, store for
subsequent use, create derivative works from, transfer, or sell any information
or Content obtained from this Site. Any unauthorized use of Content may violate
copyright laws, trademark laws, the laws of privacy and publicity, and other
applicable regulations and statutes. If you believe that any Content on this
Site violates or infringes upon your intellectual property rights pursuant to Title
17, United States Code, Section 512(c)(2), please notify us immediately at firstname.lastname@example.org
. You may be asked to provide additional information and follow additional
procedures for us to act on your complaint.
Trademarks and Service Marks
Certain trademarks, including
“Heraeus®”, and “Pala®” are the service marks and
trademarks of Heraeus or one of its affiliates. The domain name for this Site,
all page headers, custom graphics, and button icons are service marks,
trademarks, logos, and/or trade dress of Heraeus. All other trademarks, service
marks, trade dress, names of Products, company names or logos, whether
registered or not, on the Site are the property of their respective owners. In
addition to complying with all applicable laws, you agree that you will not use
any such trademarks, service marks, trade dress, or other logos from this Site
without the prior written authorization of their owners.
Ownership of information
submitted via this Site
With the exception of any
personal information you submit (which will be maintained in accordance with
by direct entry, submission, e-mail or otherwise, including data, questions,
comments, or suggestions, will be treated as non-confidential and
non-proprietary and will become our property. Such information may be used for
any and all commercial and noncommercial purposes, including, without
limitation, reproduction, solicitations, disclosure, transmission, publication,
broadcast, and posting, without any obligation to you, whether financial,
attribution or otherwise.
By sending us your communications
via this Site or by any other means you are giving us permission to use any ideas,
concepts, know-how, or techniques contained in those communications without
notice or obligation to you. When you submit any material or information
protected by intellectual property rights (e.g., photos, videos, articles,
etc.) to the Site, you represent, warrant and covenant to us that you have the
necessary rights to copy and display such information. Finally, you covenant
and specifically grant to us a non-exclusive, transferable, sub-licensable,
royalty-free, worldwide license to use any content that you post on or in
connection with the Site. This license ends when you delete such content or
your account unless your content has been shared with others and they have not
In connection with your use of
the Site, you agree you will use the Site only for the business purpose for
which it was intended, and you will not:
(a) Upload or transmit any message, information, data, text,
software or images, or other content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or
otherwise objectionable, or that may invade another’s right of privacy or
(b) Create a false identity to mislead others or impersonate any
(c) Upload or transmit any material that you do not have a right
to reproduce, display or transmit by law or other agreement.
(d) Upload files with viruses, trojan horses, worms, time bombs,
cancel-bots, corrupted files, or any other similar software or programs.
(e) Delete any author attributions, legal notices or proprietary
designations or labels.
(f) Use the Site’s communication features in a manner that
adversely affects the availability of its resources to other users (e.g.,
excessive shouting, use of all caps, or flooding continuous posting of
(g) Upload or transmit any unsolicited advertising, promotional
materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other
form of solicitation.
(h) Violate any local, state, national or international law or use
the site for any unlawful, unauthorized, fraudulent or malicious purpose.
(i) Upload or transmit any material that infringes any patent,
trademark, service mark, trade secret, copyright or other proprietary rights of
(j) Delete or revise any material posted by any other person or
entity unless such material is incorrect and you are permitted to delete or
(k) Manipulate or otherwise display the Site by using framing,
creating deep-links to the Site by by-passing the Site’s home page, mirroring
or similar navigational technology or directly link to any portion of the Site
other than the main homepage.
(l) Probe, scan, test the vulnerability of or breach the
authentication measures of, this Site or any related networks or systems.
(m) Register, subscribe, attempt to register, attempt to subscribe,
unsubscribe, or attempt to unsubscribe, any party for any services if you are
not expressly authorized by such party to do so.
(n) Harvest or otherwise collect information about others,
including e-mail addresses or gain unauthorized access to any other accounts,
computer systems or networks.
(o) Use any robot, spider, scraper, or other automated or manual
means to access this Site, or copy any content or information on this Site.
(p) Modify, adapt, sublicense, translate, sell, reverse engineer,
decompile or disassemble any portion of the Site.
We reserve the right to take
whatever lawful actions we may deem appropriate (whether at law or in equity)
in response to actual or suspected violations of the foregoing, including,
without limitation, the suspension or termination of the user’s access and/or
Right to Monitor
We do not monitor general use of
this Site under normal circumstances. We do reserve the right to monitor such
use and to remove any materials that may be illegal, subject us to potential
No Editorial Control of Third
Party Content; No Statement as to Accuracy
We do not have editorial control
or responsibility over Content provided by users or third party content
providers and included in the Site and we do not undertake any obligation or
liability whatsoever with respect to such Content. Any opinions, statements,
services or other information expressed or made available by users or third
party suppliers on this Site are those of such users or third party suppliers.
By making a submission to the Site, you represent that you are the author or
inventor of the submission, that it is your original work and that it does not
infringe or violate the rights of others.
Links to Third Party Sites
This Site may contain links to
other sites owned and operated by parties other than us. Such links are
provided only for ready reference and ease of use. We do not control such
websites and are not responsible or liable for their content or accuracy. We do
not endorse these sites or the content or services provided there. We accept no
liability for any information, products, advertisements, content, services or
software accessible through these third party websites, for business and/or
privacy practices of such third parties or for any action you may take as a
result of linking to any such website.
YOU AGREE THAT YOUR USE OF LINKED
THIRD PARTY WEBSTIES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE
TERMS AND CONDITIONS OF USE AND PRIVACY POLICIES APPLICABLE TO SUCH SITES AND
RESOURCES, AND THAT WE HAVE NO LIAIBLITY FOR SUCH USE.
We may remove a link at any time
in our sole discretion for any reason whatsoever. We are not responsible or
liable, directly or indirectly, for any damages or losses caused or alleged to
be caused by or in connection with the use of or reliance on content, products,
services or other materials available on or through any third party website or
the business practices of any third party.
Applicability of Other Terms
or different terms and conditions may apply to other available features of this
Site, Content, or the purchase of Products from us, our subsidiaries or our
affiliates. Please review such additional or different terms carefully as
Reservation of Rights
reserve the right in our sole discretion and at any time (i) to deny any
account creation request, (ii) to terminate your account and subscription to
the Site, (iii) to remove any Content from the Site, and/or (iv) to modify,
interrupt, limit, suspend or discontinue, temporarily or permanently, the Site
or any subscription or access to the Site. We are not liable to you or to any
third party for any such modifications, suspensions or discontinuances of the
Site or subscriptions or access.
located HERE for information
about our practices and procedures for personal information we collect at this
Limited Warranty and Warranty
We prepared the Content and other
information contained on this Site as a convenience. It is not intended to
constitute advice or recommendations upon which you may rely. We make no
warranty or guarantee about the accuracy, completeness, or adequacy of the
Content or other information contained in or linked to this Site. Users relying
on Content or other information from this Site do so at their own risk.
The information and descriptions
contained in this Site applicable to Products available for purchase through
this Site is provided solely for general informational purposes. Should you
purchase any Product through the Site, you must refer to the Product labeling
and any accompanying information for proper use, as well as any special terms of
sale and other information posted at the point of purchase.
YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS
AVAILABLE” BASIS, AND WE EXPRESSLY
disclaim all warranties and conditions with respect to the SITE, including
content contained here, whether implied, express, or statutory, including the
implied warranties of merchantability, fitness for a particular purpose, title,
noninfringement of third-party rights, quiet enjoyment and accuracy.
WE MAKE NO WARRANTY THAT THE SITE OR ITS CONTENT IS ACCURATE, TIMELY,
UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE
Limitation of Liability
addition to the above warranty disclaimers, in no event will (A) WE OR ANY OF OUR
SUPPLIERS, AFFILIATES OR SUCCESSORS BE LIABLE FOR ANY CONSEQUENTIAL, Exemplary,
special, OR incidental damages, including any damages for LOST PROFITS, arising
from or relating to your use or the inability to use the Site, Services or
content, EVEN IF WE knew or should have known of the POSSIBILITY of such
DAMAGES, and (B) OUR total cumulative liability arising from or related to the
Site, whether in contract or tort or otherwise, exceed the purchase price paid
by you for the Products.
Warranty Disclaimer and/or
Limitation of Liability May Not Apply
states do not allow the exclusion of implied warranties or the exclusion or
limitation of incidental or consequential damages, so the above limitations or
exclusions may not apply to you. This warranty gives you specific legal rights,
and you may also have other rights which vary from state to state. The
disclaimers, exclusions, and limitations of liability under this limited
warranty will not apply to the extent prohibited by applicable law.
You agree to defend, indemnify
and hold harmless us, our members, affiliates partners and/or successors, and
our and their officers, directors, partners, shareholders, agents, licensees
and employees from and against all claims, actions, liabilities, losses,
expenses, damages and costs, including but not limited to attorney’s fees that
may, at any time, arise out of or relate to your authorized, unauthorized,
lawful or unlawful use of the Site or Content, your breach of these Terms of
Use, your inability to access the Site, the use of any linked websites, your
reliance on any errors or omissions on the Site, or the propagation and/or
contraction of any computer virus in connection with your use of the Site
and/or the Content.
Neither party will be liable for
any failure or delay in performance due in whole or in part to any cause beyond
the reasonable control of such party or its contractors, agents or suppliers,
including but not limited to utility or transmission failures, power failure, strikes
or other labor disturbances, acts of God, acts of war or terror, floods,
sabotage, fire, natural or other disasters.
Any notices to you from us
e-mail or regular mail.
When you visit this Site or send
e-mails to us, you are communicating with us electronically. You consent to
receive communications from us electronically. We may communicate with you by
e-mail or by posting notices on this Site. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing. You further agree that any notices provided by us electronically are
deemed to be given and received on the date we transmit any such electronic
Policy, or other policies or special terms we may post on this Site constitute
the entire agreement between us and you in connection with your use of this
Site and the Content and supersedes any prior agreements between Heraeus and
Governing Law; Jurisdiction;
Venue; Severability of Provisions
These Terms are governed by the
laws of the State of Indiana and controlling United States Federal law without
regard to any conflicts of law provisions. All parts of these Terms apply to
the maximum extent permitted by law. Both parties agree that if either party
cannot enforce a portion of these Terms as written, then that portion will be
replaced with terms that most closely match the intent of the portion that
cannot be enforced to the extent permitted by law. The invalidity of part of
provisions. The section headings are for convenience and do not have any force
or effect. Except as otherwise prohibited by law, any claim or dispute must be
brought within one (1) year from the date such cause of action arises. Any
claim or dispute arising out of or relating to any Product or these Terms of
Use is subject to the exclusive jurisdiction of state or federal courts located
in South Bend, Indiana, and you hereby consent and submit to the personal
jurisdiction of such courts.
Password Accounts, Passwords, and
If you have been given the option
to open an account on this Site that will provide you with access to password
protected portions of the Site and you elect to do so, you must complete the
registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form, which may include
without limitation: (i) your name, (ii) your business
name and mailing address, (iii) information regarding dentists, dental
laboratories or other relevant parties, including address and phone number, and
(iv) billing and related information,
and choose a password and user name. You
are entirely responsible for maintaining the confidentiality of your password
and account and for any and all activities that occur under your account. You
agree to (a) immediately notify us of any unauthorized use of your account or
any other breach of security of which you become aware, and (b) exit completely
from your account at the end of each online session. We will not be liable for
any loss that you may incur as a result of someone else using your password or
account, either with or without your knowledge. However, you could be held
liable for losses we or another party incur due to someone else using your
account or password. You may not use anyone else’s account at any time.
No Agency Relationship
partnership, joint venture, employment, or other agency relationship between
us. You may not enter into any contract on our behalf or bind us in any way.
You agree that any violation, or
unfair business practice that will cause us irreparable and unquantifiable
harm. You also agree that monetary damages would be inadequate for such harm
and consent to our obtaining any injunctive or equitable relief that we deem
necessary or appropriate. These remedies are in addition to any other remedies
we may have at law or in equity.
How to Contact Us
Kulzer LLC, 300 Heraeus Way, South Bend, IN 46614, or by phone at 800-431-1785 or by email at email@example.com.
of Use: Last updated March ______, 2014.