Terms of Use
By accessing this site, you acknowledge and agree to be bound by all of Premier Dental Products Company’s (“Premier”) terms and conditions set forth below (”Terms of Use”). If you do not agree to these Terms of Use, you are not authorized to access this site. You also acknowledge and agree that Premier may modify these Terms of Use at any time, in its sole discretion; that all modifications to these Terms of Use will be effective immediately upon the posting of the modifications on this site; and that you will review these Terms of Use each time you access this site, so that you are aware of and agree to any and all modifications made to these Terms of Use.
You acknowledge and agree that all materials, including, without limitation, content, data, software, information, products and services, contained on or provided through this site (“Materials”), are protected by copyright, trademark, service mark, patent, trade secret, or other proprietary rights or laws; and that except as specifically permitted by these Terms of Use, or unless prior written consent is provided, any use of Materials is strictly prohibited, including, by way of non-limiting example, licensing, sale, printing, modifying, distributing, transmitting and creating derivative works from the Materials. Aside from the forgoing, Premier hereby authorizes you to download, post and/or print copies of Materials for your personal, non-commercial use, and for the personal, non-commercial use of your patients, prospective patients, customers and prospective customers, provided you keep intact all copyright and other proprietary notices and do not claim authorship rights in, or hold yourself out to the public as an author or coauthor of, such Materials.
You acknowledge and agree that Premier, in its sole discretion, at any time and with or without notice, may block or terminate your or any other party’s access to all or part of this site or any Materials, or change or discontinue any aspect or feature of this site or any Materials (including, without limitation, discontinuing this site in its entirety). You also acknowledge and agree that any links on this site to other sites do not imply Premier’s endorsement of such sites or that Premier has any association whatsoever with the operators of such sites. Such sites are not under Premier’s control and Premier is not responsible for any materials (including, without limitation, any content, data, software, information, products or services) contained on or provided through such sites.
You acknowledge and agree that this site and all Materials are intended for general consumer informational purposes only; that neither this site nor any Materials are intended to constitute, and do not constitute, the practice or furnishing of medical or professional health care advice, diagnosis, consultation, treatment, content, data, software, information, products and/or services; and that you will always consult with your qualified provider for medical or health care advice, diagnosis, consultation, treatment, content, data, software, information, products and/or services. You also acknowledge and agree that any medical or health care provider or other directories or locators (including, without limitation, their contents and results) contained on or provided through this site are intended for general consumer informational purposes only, and do not imply Premier’s endorsement of, or that Premier has any association whatsoever with, such providers.
If you use this site to initiate communication regarding your ordering needs, the information you submit may be disclosed to, and processed and responded to by, third parties. Communications you send to Premier via this site or e-mail are not effective until they are processed by the appropriate Premier representative. If you submit any incorrect or incomplete communications, or if any communications are damaged or distorted during transmission to Premier, you will be liable for any loss, damage or additional costs that you, Premier or other persons may incur as a result. Premier may refuse to process any communications sent to Premier by means of this site or e-mail, or may reverse the processing of any communications sent to Premier by means of this site or e-mail, at any time in Premier’s discretion and without any notice or liability to your or any other person, including without limitation, if (i) Premier cannot process these communications; (ii) the communications violate any terms of these Terms of Use or any other agreement that you may have with Premier; (iii) Premier considers that the communications conflict with any other instructions or agreements with you or any person you represent; or (iv) there is an operational failure or malfunction in connection with the transmission of the communications.
Any information submitted to Premier via this site shall become and remain the property of Premier. Premier shall be free to use such information for any purpose and shall not be subject to any obligations of confidentiality regarding such information, except as required by law or as set forth in the privacy policies applicable to the relationship. Users should be aware that information sent by e-mail or via this site may not be secure and may be intercepted by third parties. Please do not use e-mail to send Premier any confidential information or information which needs immediate attention. Premier collects, uses and discloses information regarding your use of this site and your personal information in accordance with the Privacy Policy, which is available on this site. Premier may change the Privacy Policy from time to time in its discretion without prior notice or liability to you or any other person. By using this site, you consent to Premier’s collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then reads without further notice or any liability to you or any other person.
You acknowledge and agree that use of this site and Materials are at your own risk, that Premier does not make any express or implied warranties, representations or endorsements of any kind with regard to this site or any Materials; and that Premier does not warrant or represent that this site or any Materials will be accurate, reliable, secure, defect-free or error-free. In jurisdictions not allowing the exclusion or limitation of certain warranties, Premier’s liability will be limited to the extent permitted by law.
You acknowledge and agree that in no event will Premier be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages relating to the use, misuse or inability to use this site or any Materials; and that if you are dissatisfied with, or claim any damages relating to any portion of this site, any Materials or this agreement, your sole and exclusive remedy is to discontinue using this site and all Materials. In jurisdictions not allowing the exclusion or limitation of incidental or consequential damages, Premier’s liability will be limited to the extent permitted by law.
You acknowledge and agree that you will indemnify and hold harmless Premier, its subsidiaries, successors, assigns, affiliates, licensors, authorized dealers, and suppliers, together with all of their respective officers, directors, employees and consultants, against any and all claims, damages, losses, liabilities, judgments, costs and expenses (including reasonable attorneys’ fees and costs) relating to your use, misuse or inability to use this site or any Materials, or to your violation of these Terms of Use, any laws, rules or regulations, or any rights of any third parties; that Premier reserves the right to exclusively defend and control any such indemnification matters; and that you will fully cooperate with Premier in any such defenses.
This site is controlled, operated and administered by Premier from its offices within the United States. You acknowledge and agree that if you are located in any jurisdiction in the world where any common, statutory, regulatory, codified or other law, rule or regulation makes accessing this site or any Material inappropriate or illegal, or subject to consents or permissions that you yourself have not obtained, or voids these Terms of Use in whole or in part, then you are not authorized to access this site or any Material. You also acknowledge and agree that these Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, that the exclusive jurisdiction for any claim or action relating to your use, misuse or inability to use this site or any Materials, or to these Terms of Use, will be in the state or federal courts located in the Commonwealth of Pennsylvania; that you will irrevocably submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such claim or action; and that you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court.
You acknowledge and agree that in the event any provision or provisions of these Terms of Use shall be held to be unenforceable, these Terms of Use will continue in full force and effect without said provision; that these Terms of Use constitute the entire agreement between you and Premier relating to the subject matter hereof, and supersedes any and all prior agreements or understandings between you and Premier, whether oral or written, relating to any subject matter of these Terms of Use.
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