Terms of Use

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Last Updated: February 23, 2016

Your access to and use of www.dentsplysirona.com (the “Site”), including any content, functionality and services offered on or through the Site, is subject to the following Terms of Use and all applicable laws. Please read these Terms of Use carefully before you start to use the Site. By accessing and browsing the Site, you accept, without limitation or qualification, and agree to be bound by these Terms of Use and the Privacy Policy and acknowledge that any other agreements between you and DENTSPLY SIRONA regarding this subject matter are superseded by these Terms of Use. If you do not agree to these Terms of Use or the Privacy Policy, you may not use the Site.

Informational Purposes Only.

The Site is not for medical emergencies. Do not use the Site for adverse event reporting. If you are a dentist/physician, follow the regulations required by your country’s regulations. This Site may from time to time contain information relating to various medical, health and fitness conditions of people. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own dental professional or other medical professional. You should not use the information contained herein for diagnosing a health problem or disease. You should always consult your own dental and medical advisors.

Intellectual Property Rights.

This Site and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by DENTSPLY SIRONA, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, as applicable. All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Site), images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on this Site are subject to the intellectual property rights of DENTSPLY SIRONA, its subsidiaries and affiliates, and their respective licensors and licensees (collectively “Content”).

Right to Use Site.

These Terms of Use permit you to use the Site for your personal or internal business use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows: (1) your computer may temporarily store copies of such materials incidental to your accessing an viewing those materials; (2) you may store files that are automatically cached by your web browser for display enhancement purposes; (3) you may print or download copies of a reasonable number of pages of the Site for your own personal or internal business use and not for further reproduction, publication or distribution; (4) if desktop, mobile or other applications are provide for download, you may download a single copy to your computer or mobile device solely for your own personal or internal business use, provided you agree to be bound by the end user license agreement for such applications; (5) if social media features are provided with certain content, you may take such actions as are enabled by such features. You must not: (1) modify copies of any materials from the Site; (2) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; (3) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site; (4) access or use for any purposes competitive to DENTSPLY SIRONA or for the benefit of another vendor or any third party any part of the Site or any services or materials available through the Site. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at DENTSPLY SIRONA’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by DENTSPLY SIRONA. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

The trademarks, logos, product and service marks, designs and slogans, whether registered or unregistered (collectively the “Trademarks”) displayed on the Site are Trademarks of DENTSPLY SIRONA and its affiliates or licensors or their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Trademark owner. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited. The Trademarks displayed on the Site are registered and unregistered Trademarks of DENTSPLY SIRONA and its affiliates or licensors or their respective owners. The list found here contains Trademarks of DENTSPLY SIRONA and those affiliates of DENTSPLY SIRONA, as well as Trademarks used under license by DENTSPLY SIRONA or by affiliates of DENTSPLY SIRONA (DENTSPLY SIRONA fully acknowledges the rights of third parties in such marks). In order to improve readability, DENTSPLY SIRONA does not use ™ or ® in the running text or on pictures and other images on this Site, either for its own Trademarks or for the Trademarks of third parties. By doing so, however, DENTSPLY SIRONA does not waive any rights to its trademarks.

Any unauthorized commercial use of these materials will violate DENTSPLY SIRONA’s intellectual property rights and will be subject to DENTSPLY SIRONA’s full legal rights and remedies.

You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare of derivative works or other non-personal use any Content on the Site. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use or other use explicitly authorized by DENTSPLY SIRONA. You may not access or use the Site in any way that could or is intended to damage or impair the Site, or any server or network underlying the Site, or interfere with anyone else’s use and enjoyment of the Site.

You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information.

Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all Content contained therein are reserved and owned by DENTSPLY SIRONA.

Desktop, mobile or other applications available on this Site may be further subject to United States or other export laws, rules and regulations, as amended from time to time. No such desktop, mobile or other applications from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any of the Content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

DENTSPLY SIRONA RETAINS THE RIGHT TO DENY ACCESS TO THIS SITE OR ITS CONTENT TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING FOR VIOLATION OF ANY OF THESE TERMS OF USE, INCLUDING ANY USE RIGHTS.

Information About You and Your Visits to the Site.

All information collected by DENTSPLY SIRONA on this Site, including User Submissions (as defined below), is subject to the Privacy Policy.

Disclaimer of Warranties.

While DENTSPLY SIRONA uses reasonable efforts to include accurate and up-to-date information in the Site, the information presented on or throughout the Site is made available solely for general information purposes. DENTSPLY SIRONA makes no warranties or representations as to its accuracy, completeness or usefulness of the information.

EVERYTHING ON THE SITE AND DATA AVAILABLE TO YOU THROUGH THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DENTSPLY SIRONA NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED BY OR AFFILIATED WITH DENTSPLY SIRONA. NO INFORMATION OBTAINED BY YOU FROM DENTSPLY SIRONA THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, DENTSPLY SIRONA DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE, THAT THE DENTSPLY SIRONA SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE DENTSPLY SIRONA SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer of Damages and Limitation of Liability.

IN NO EVENT SHALL DENTSPLY SIRONA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS), EVEN IF DENTSPLY SIRONA OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THAT THIS LIMITATION OF LIABILITY IS UNENFORCEABLE, IN NO EVENT WILL THE LIABILITY OF DENTSPLY SIRONA OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, IN CONNECTION WITH THE SITE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED $250.00 IN THE AGGREGATE, REGARDLESS OF WHETHER SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification.

You agree to indemnify, defend and hold DENTSPLY SIRONA and its directors, officers, employees, contractors business partners, staff and affiliates (collectively, the “DENTSPLY SIRONA Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees and expenses, related to either your violation of these Terms of Use or your use of the Site. You will indemnify and hold DENTSPLY SIRONA Parties harmless from and against any claim, suit or proceeding brought against DENTSPLY SIRONA Parties arising from or in connection with violations of copyright or other intellectual property or other rights of third parties contained in your User Submissions and/or any other violation of law or breach of contract obligations relating to the User Submissions. You will indemnify and hold DENTSPLY SIRONA Parties harmless from and against any claims, damages and costs resulting directly or indirectly from the use, disposition, reproduction, publication or public communication of the User Submission.

Social Media Features.

The Site may provide certain social media features that enable you to: (1) link from your own or certain third-party websites to certain content on this Site; (2) send emails or other communications with certain content, or links to certain content, on this Site; or (3) cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by DENTSPLY SIRONA, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions DENTSPLY SIRONA provides with respect to such features. Subject to the foregoing, you must not: (1) establish a link from any website that is not owned by you; (2) cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (3) link to any part of the Site other than the homepage; (4) otherwise take any action with respect to Content on this Site that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with DENTSPLY SIRONA in causing any unauthorized framing or linking immediately to cease. DENTSPLY SIRONA reserves the right to withdraw linking permission without notice. DENTSPLY SIRONA may disable all or any social media features and any links at any time without notice in its discretion.

User Submissions.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments and suggestions, which may consist of textual content and potentially photos, videos, images audio files, other types of content and links to such content if allowed by the Site (collectively referred to as “User Submissions”), is, and will be treated as, non-confidential and non-proprietary. User Submissions may be used, copied, modified, adapted, publicly displayed and translated by DENTSPLY SIRONA or its affiliates for any purpose whatsoever, without restrictions, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting under an irrevocable, worldwide, perpetual, royalty-free, non-exclusive license. Furthermore, DENTSPLY SIRONA is free to use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. DENTSPLY SIRONA reserves the right, in its absolute discretion, to remove or delete, without notice, any User Submissions. DENTSPLY SIRONA also has the right to disclose your identity to any third party who is claiming that any User Submissions posted or uploaded by you to the Site constitute a violation of their intellectual property rights or of their right to privacy.

Although DENTSPLY SIRONA may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, DENTSPLY SIRONA is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. DENTSPLY SIRONA will fully cooperate with any law enforcement authorities or court order requesting or directing DENTSPLY SIRONA to disclose the identity of anyone posting any such information or materials.

Copyright Complaints.

DENTSPLY SIRONA has adopted a policy that provides for the termination in appropriate circumstances of Site users who are repeat copyright infringers. DENTSPLY SIRONA may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe any material available through the Site infringes a copyright, you should notify DENTSPLY SIRONA using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). DENTSPLY SIRONA will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the material. You should address infringement notices under the DMCA to: Copyright Agent, Michael Friedlander at DENTSPLY SIRONA, 3030 47th avenue, Suite 500, LIC, NY 11101, copyrightagent@DENTSPLYSIRONA.com.

Please provide the following notice, in writing, to DENTSPLY SIRONA’s Copyright Agent:

Identify the copyrighted work or other intellectual property that you claim has been infringed;

Identify the material on the Site that you claim is infringing, with enough detail so that DENTSPLY SIRONA may locate it on the Site;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

Your address, telephone number, and email address; and

Your physical or electronic signature

Third Party Content and Links from the Site.

The Site may include content provided by third parties. All statements and/or opinions expressed in these materials, other than the content provided by DENTSPLY SIRONA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of DENTSPLY SIRONA and it is not responsible, or liable to you or any third party, for the content, accuracy, completeness, timeliness or availability of any materials provided by any third parties. Any links contained on the Site to other sites or resources provided by third parties are provided for your convenience only. DENTSPLY SIRONA has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and privacy notice for such websites.

Changes to the Site and Terms of Use.

DENTSPLY SIRONA may at any time in its sole discretion revise or update these Terms of Use by updating this posting. All changes are effective immediately when they are posted and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. DENTSPLY SIRONA reserves the right to withdraw or amend the Site, and any service or material it provides on this Site, in its sole discretion and without notice.

Accessing the Site and Account Security.

You are responsible for: (1) making all arrangements necessary for you to have access to the Site; and (2) ensuring that all persons who access the Site through your Internet connection are aware of these Terms of Use and comply with them. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person or entity with access to this Site or portions of it using your user name, password or other security information. You agree to notify DENTSPLY SIRONA immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. DENTSPLY SIRONA reserves the right to disable any user name, password or other identifier, whether chosen by you or provided to you, at any time, in its sole discretion.

Governing Law.

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability.

No waiver by DENTSPLY SIRONA of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DENTSPLY SIRONA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement.

These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and DENTSPLY SIRONA with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.