Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using Dent247's Services (as defined below), you agree to comply with and be bound by these Terms.
PLEASE NOTE: Section 5 of these Terms contains an arbitration clause and class action waiver that applies to all persons who access or use Dent247's Services. If your country of residence is Canada, this provision applies to all disputes. If your country of residence is outside of Canada, this provision applies to any dispute between you and Den247 brought in Canada. Section 15 affects how disputes with Dent247 are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Thank you for using Dent247 Services (defined below). These Terms constitute a legally binding agreement between you and Dent247 governing your access to and use of the Dent247 website (www.dent247.com) and all associated services (collectively, "Dent247's Services"). These associated services include providing you with a marketplace for ordering, paying for, and receiving dental supplies, equipment, services, and courses through Dent247's network of dental suppliers, manufacturers, service providers, and course providers ("Vendors") or any other services provided or facilitated by Dent247 including, without limitation, logistical support and customer service.
When these Terms mention "Dent247," "we," "us," or "our," it refers to the company you are contracting with: Dent247 Inc., 43 Matson Dr, Bolton, ON, Canada, L7E 0A9. .
Our collection and use of personal information in connection with your access to and use of Dent247's services is described in our Privacy Policy.
You agree to these Terms by accessing or using any part of Dent247's Services, including by accessing or using the Site, registering for Services offered on the Site, or by accepting, uploading, submitting or downloading any information or content from or to the Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE Dent247'S SERVICES.
Dent247 owns and operates the Site that links to these Terms. We are pleased to offer you access to Dent247's Services, as well as the ability to participate in our marketplace (“exclusive offers”) and various promotions that we may provide from the Dent247 Site.
Your access and participation is subject to these Terms, our Privacy Policy, and any Rules for applicable promotions (collectively, the "Agreements").
Dent247's Services may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different Terms of Service and privacy practices. Dent247 is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, product, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Dent247 of such Third-Party Services.
Additionally, due to the nature of the Internet, Dent247 cannot guarantee the continuous and uninterrupted availability and accessibility of Dent247's Services. Dent247 may restrict the availability of Dent247's Services or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of Dent247's Services. Dent247 may improve, enhance, and modify Dent247's Services and introduce new Services from time to time.
In order to use most aspects of Dent247's Services, visitors and customers who use Dent247's Services, (collectively "Users") must register for and maintain an active personal User account ("Account"). Account registration requires you to submit to Dent247 certain information related to you that Dent247 collects from you, through your use of Dent247's Services, and from third parties as detailed in the Privacy Policy. ("User Data"). To register for an Account, you may be required to submit User Data, including personally identifiable information ("PII") such as your name, phone number, email address, date of birth, or government-issued ID (i.e. medical license number). You grant Dent247 permission to collect and maintain your User Data, and to disclose the User Data you provide to third parties for verification purposes and to facilitate your use of Dent247's Services as detailed in the Privacy Policy.
You also agree to maintain accurate, complete, and up-to-date information in your Account and that we and others may rely on your information as accurate, current and complete. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired identification on file, may result in your inability to access or use the Service.
All Dent247 Users must be at least eighteen (18) years of age to open an account with, make purchases from, or participate in promotions offered as part of Dent247's Services. By using Dent247's Services you expressly represent and warrant that you are at least 18 years old, are legally entitled to enter into this Agreement, and have the right, authority and capacity to enter into and abide by the Terms of Service of this Agreement.
Additionally, you are responsible for all activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You also agree that you are the sole authorized user of your Account, and you may not assign or otherwise transfer your Account to any other person or entity. Any attempt by another individual to use your Account may result in your inability to use the Service, and/or suspension from Dent247's Services. You are responsible for the use of your Account and Dent247 expressly disclaims any liability arising from the unauthorized use of your Account. If you suspect unauthorized access of your Account or any other breach of security, you agree to notify us immediately. However, Dent247 recognizes that many of you are dental practices with office staff in charge making purchases. This paragraph does not prohibit you from allowing authorized staff members or employees to use your Account.
Dent247 reserves the right, in its sole discretion, to set the requirements for, or to suspend, disable, deny access to, or disallow the registration of your Account for any reason. If you believe your inability to access your Account or Dent247's Services has been made in error, please contact our Customer Support. team. You acknowledge and agree that Dent247 shall not be liable to you or any third party for any termination of your access to Dent247's Services. The Terms of Service of this Agreement shall survive and endure beyond any termination, deletion, or suspension of your Account, or if you cease using Dent247's Services.
If you wish to terminate, delete, suspend, or otherwise disable your Account or use of Dent247's Services, please contact Customer Support. By registering for an Account, you acknowledge and agree that Dent247 must maintain certain User Data, including PII, for business, legal and/or operational purposes, including to prevent account abuse. Any remaining PII not necessary for this task will be deleted from your Account in a reasonable amount of time following the request. For further information on our privacy practices and how we handle your User Data, please review the Privacy Policy.
By entering into this Agreement or using Dent247's Services, you expressly consent and agree to accept and receive communications from Dent247 and/or Vendors that you transact with, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Dent247.
By consenting to being contacted, you understand and agree that you may receive communications (including those generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages) sent by or on behalf of Dent247, and/or Vendors, including but not limited to: operational or transactional communications concerning your Account or use of Dent247's Services; updates concerning new or existing features of Dent247's Services; communications concerning Promotions (defined below) run by Dent247, Vendors, or third parties; and news or industry developments concerning Dent247, Vendors, or third parties. Standard text messaging charges applied by your cell phone carrier will apply to text messages you receive.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, UNSUBSCRIBE FROM Dent247'S PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF, INCLUDING CLICKING THE UNSUBSCRIBE LINK PROVIDED AT THE BOTTOM OF THE EMAIL. IF YOU WISH TO OPT OUT OF PUSH NOTIFICATIONS YOU MAY DO SO THROUGH YOUR DEVICE SETTINGS. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT "STOP" FROM THE MOBILE DEVICE RECEIVING THE MESSAGES TO THE PHONE NUMBER YOU RECEIVED THE MESSAGE FROM.
YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING Dent247'S SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM Dent247 (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), PLEASE CONTACT OUR CUSTOMER SUPPORT LINE AT 1-844-800-3368. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS OR CALLS MAY IMPACT YOUR USE OF Dent247'S SERVICES.
You agree that your electronic signature while using Dent247's Services is the legal equivalent of your manual or paper signature. You consent to receive any communications, records, receipts, notices, agreements, documents, and disclosures provided by Dent247 regarding your Account and Dent247's Services electronically (collectively, "Electronic Communications"). We may provide these Electronic Communications to you via the Site, email, text message, push notification, chat, customer support, or other electronic communications.
In order to access and retain Electronic Communications, you will need at least the following computer hardware and software:
In order for us to send you Electronic Communications, you must ensure your contact information and email address is true, accurate and complete at all times. You acknowledge and agree Dent247 will be deemed to have provided Electronic Communications to you even if your contact information on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive Electronic Communications. You can update your contact information at any time by logging into your Account and updating your profile settings, or by contacting Customer Support.
You can withdraw your consent to receive Electronic Communications at any time by sending us an email with the subject line "Withdrawing E-Sign Consent" to info@dent247.com However, if you withdraw your consent to receive Electronic Communications, Dent247 reserves the right to immediately close your Account as we may be unable to properly facilitate your use of Dent247's Services.
As an online marketplace for all things dental, Dent247 uses descriptions and/or images to illustrate the products available for purchase on its Site, specifically in the exclusive offers section. These descriptions and/or images are provided for illustrative purposes only and may not reflect the actual packaging, contents, color, etc. of a particular product. Dent247 attempts to be as accurate as possible in the Product descriptions or images it uses. However, Dent247 is not a supplier and does not itself package, test, or label the Products available on the Platform. Dent247 does not warrant that Product descriptions and/or images available on its Site are accurate, complete, reliable, current, or error-free.
You understand and acknowledge that you may incur fees or charges from Dent247 or our Vendors in connection with the products purchased through the use of Dent247's Services ("Charges"). All Charges will be identified in your cart prior to or during checkout, and in your receipt. Such Charges may include some combination of the following:
Prices on Dent247's Site are subject to change at any time without notice. No price is confirmed until the checkout process is complete. In the event of a typographic error, error in pricing or error in product description received from our Vendor(s), we shall have the right to refuse or cancel any orders placed for the incorrectly-listed product.
Dent247 is not responsible for the shipping and handling of products purchased through its Site. This is the responsibility of the respective vendors.
When you make a purchase via our site, we will ask you for your name, phone number, email address, shipping and billing address, and other information so we can fulfill your order. Please note that we use a third party payment service provider, and by providing this information to us, you are simultaneously providing the same information to our providers.
The payment processing and storage of your credit card information are handled by Authorize.Net. Authorize.Net will collect your credit card information and charge your credit card for the order, as further detailed below. For more information about Authorize.Net’s privacy practices, you can review here. Reviewing these policies will help you understand how Authorize.Net collects, uses and safeguards the information you provide as part of a credit card transaction on our Site.
You agree to provide current, complete and accurate credit card and account information for all purchases made on our Site. You agree to make all payments for any order placed by you.
Due to the nature of the offers (deep discounts), there will be a no returns and no refunds policy on all purchases through Dent247.
Dent247 is not responsible for any fees or usage charges related to your access to Dent247's Services. Your mobile network's data and messaging rates and fees may apply if you access or use Dent247's Services from a device. You are solely responsible for acquiring and updating compatible hardware or devices necessary to access and use Dent247's Services and any updates thereto. Dent247 does not guarantee that Dent247's Services, or any portion thereof, will function on any particular network, hardware, or devices.
At times, you may be allowed to post or submit feedback, comments, questions, reviews, and other content or information on Dent247's Site. ("User Content"). You are solely responsible for, and the sole owner of the User Content that you upload, publish, display, link to, or otherwise make available on the Dent247 Site, and agree Dent247 is acting only as an interactive computer service for your publication of such User Content.
User Content may be posted so long as the content is not illegal, obscene, threatening, defamatory, an invasion of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of software viruses, political campaigning, commercial solicitation, links to other websites or any form of "spam". You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any User Content.
By making available any User Content, you hereby grant Dent247 a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free right and license, with the right to sublicense through multiple tiers, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, distribute, broadcast and otherwise exploit such User Content in any media or format, or to prepare derivative works or incorporate into other works such User Content in any media or format. Nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content. You acknowledge and agree that you do not acquire any rights to any research or commercial products that may be developed by Dent247 or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through or to the Dent247 Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available or you have all rights, licenses, consents and releases that are necessary to grant Dent247 the above license to such User Content; and (ii) neither the User Content itself, you making it available, or Dent247's use of the User Content will infringe, misappropriate or violate any third party rights, including, without limitation, any patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Dent247 reserves the right, but is not obligated, to review, monitor, reject or remove any User Content, at Dent247's sole discretion at any time and for any reason, without notice to you.
We may, but shall not be obligated to, remove or edit any Submissions, including comments or reviews, for any reason.
Dent247 is the owner or licensee of all copyrights in and to the content on this website, including without limitation, (i) all materials, documentation, text, data, graphics, graphs, charts, buttons, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on this website; and (ii) the design, selection and arrangement of this website. All rights reserved.
Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable, limited right to access, use, and display this website and the materials provided hereon for the purpose of obtaining and reviewing your account information. Specifically, you are granted permission to view or download a single copy of the material on the website solely to access our services, place orders, and review your account information. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content, or any use of the content for any other purpose than that expressly permitted herein. Ownership of all such content shall at all times remain with Dent247 or its licensors. Dent247 and its licensors reserve all rights not expressly granted to you. Use of the copyrightable material on this website for any purpose not expressly authorized herein without the prior written permission of Dent247 or its licensors is forbidden.
All trademarks, service marks, trade names, logos, and other designations (collectively the "Marks") are the sole property of Dent247 Inc., or other third parties that have granted Dent247 the right and license to use such Marks. Nothing contained on this website should be construed as granting any license or right to use any such Marks without the written permission of Dent247 or such third party that may own the Marks displayed.
This Dispute Resolution and Arbitration Agreement shall apply if (i) your country of residence is in Canada; or (ii) your country of residence is not in Canada, but any claims between you and Dent247 are brought in Canada.
BY ENTERING INTO THIS AGREEMENT, YOU AND Dent247 MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate ("Arbitration Agreement") is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Dent247 ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Dent247, including our respective affiliates, subsidiaries, parents, successors and assigns, and each of our officers, directors, employees, agents, or shareholders.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A "CLAIM" AND COLLECTIVELY, "CLAIMS") SHALL BE EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION SOLELY BETWEEN YOU AND Dent247. The term "Claim" means any and all past, present or future disputes, claims or controversies between you and Dent247, whether based in contract, statute, regulation, ordinance, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort) or any other legal or equitable theory. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, without limitation, any and all claims arising out of or relating to: this Agreement and prior versions thereof (including the scope, applicability, breach, termination, enforcement, interpretation or validity thereof); the Site; Dent247's Services; your relationship with Dent247. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability, interpretation or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND Dent247 ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY PROVIDED IN THIS ARBITRATION AGREEMENT.This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
YOU UNDERSTAND AND AGREE THAT YOU AND Dent247 MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS ("CLASS ACTION WAIVER"). YOU UNDERSTAND AND AGREE THAT YOU AND Dent247 BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
Unless you and Dent247 otherwise agree, the arbitration will be conducted in the county where you reside.
The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator's decision which shall explain the award given and the findings and conclusions on which the decision is based. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
Notwithstanding the provisions of the modification-related provisions above, if Dent247 changes this "Dispute Resolution" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us a notice to info@dent247.com with "Legal" in the subject line within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Dent247's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Dent247 in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
By entering into this Agreement and using Dent247's Services, you agree to defend, indemnify and hold Dent247, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all third-party claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) your violation or breach of any term of this Agreement, or any applicable law or regulation, whether or not referenced herein; (ii) your use or misuse of Dent247's Services or Products available therein.
Dent247 MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE Dent247 PLATFORM. Dent247 DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF Dent247'S SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) Dent247'S SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Dent247'S SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN Dent247'S SERVICES WILL BE CORRECTED, OR (F) THE Dent247 NETWORK OR OTHER ASPECTS OF Dent247'S SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Dent247'S SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Dent247. Dent247 MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF Dent247'S SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF Dent247'S SERVICES, AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Dent247's Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Dent247 does not guarantee the availability or uptime of Dent247's Services. You acknowledge and agree that Dent247's Services may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, Shipping and Handling from Vendors may be subject to limitations, delays, and other problems inherent in physical delivery, and Dent247 is not responsible for any delays, delivery failures, or other damages, liabilities, or losses resulting from such problems.
IN NO EVENT SHALL Dent247, INCLUDING ITS LICENSORS, AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY "Dent247" FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). Dent247 SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, Dent247'S SERVICES INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE Dent247'S SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER, RETAILER, BRAND, SPONSOR, OR OTHER THIRD-PARTY PROVIDER WHOSE ADVERTISING APPEARS ON Dent247'S SERVICES OR IS REFERRED THROUGH Dent247'S SERVICES, EVEN IF Dent247 HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Dent247 MAY INTRODUCE YOU TO VENDORS, BRANDS OR OTHER THIRD-PARTY PROVIDERS FOR THE PURPOSES OF PROVIDING MARKETPLACE SERVICES. Dent247 WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY VENDOR, BRAND, OR OTHER THIRD-PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE Dent247 FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO SUCH THIRD PARTIES. Dent247 WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTIES.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Dent247 may give notice by means of a general notice on its Site, email, telephone, text message or by written communication sent by first class mail or pre-paid post to your address on record in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Dent247 (such notice shall be deemed given when received by Dent247) at any time by sending an email to:info@dent247.com . Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
This Agreement may not be assigned by you without the prior written approval of Dent247 but may be assigned without your consent by Dent247 to: (i) a parent or subsidiary; (ii) an acquirer of assets; (iii) a successor by merger; or (iv) any third party that assumes Dent247's rights and obligations under this Agreement. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all Canadian and foreign export laws and regulations to ensure that neither Dent247's Services nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using Dent247's Services, you represent and warrant that: (i) you are not located in a country that is subject to a Canadian Government embargo, and (ii) you are not listed on any Canadian Government list of prohibited or restricted parties.
You and Dent247 agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Dent247's Services or these Terms must be filed within one (1) year after such claim or cause of action arose. Otherwise such a claim or cause of action is permanently barred.
While Dent247 Inc. makes reasonable efforts to provide information which is accurate, Dent247 Inc. does not guarantee that its efforts will always be successful. Therefore, as set forth above, Dent247 Inc. does not warranty that its Site will be free of errors and disclaims any liability for such errors.
No joint venture, partnership, employment, or agency relationship exists between you, Dent247, or any third party as a result of these Agreements (including Dent247's Terms) or use of Dent247's Services. If any provision of these Agreements are held to be invalid or unenforceable, you and Dent247 agree that such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Dent247 to enforce any right or provision these Agreements shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Dent247 in writing.
These Agreements constitute the entire agreement between you and Dent247 and governs your use of Dent247's Services, superseding any prior agreements between you and Dent247. These Agreements and the relationship between you and Dent247 shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. In the event that either you or Dent247 commence a court action, any such action shall be brought exclusively in the provincial or federal courts located in Ontario, and you and Dent247 both submit to personal jurisdiction there. The section titles or headings in these Terms are for convenience only and have no legal or contractual effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.