DynaFlex® Terms of Use for Website

(Rev. August 15, 2019)

Use of the DynaFlex Websites (‘Website”) is Subject to YOUR ADHERENCE to the following Terms:

Welcome to the Website, sponsored by DynaFlex®.  Please review the following terms and conditions concerning your use of the Website.  By accessing, using or downloading any information and/or materials from www.dynaflex.com (the “Website”), whether as a guest or a registered user, you agree to follow and be bound by these terms and conditions (the “Terms of Use”).  Please read the Terms of Use carefully before you start to use the Website. If you do not agree with these Terms of Use and our Privacy Policy, you may not use this Website.  This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

MEDICAL DISCLAIMER

All information contained on this Website, including information related to orthodontic, dental, medical and health conditions, and products and treatments, is for informational and educational purposes only.  DYNAFLEX DOES NOT PRACTICE MEDICINE.  This information should not be considered complete and is not intended to be used in place of a patient visit, call consultation or advice of an orthodontist, dentist or medical professional, or any information contained on or in any product packaging or labels.  Information obtained by using the Website is not exhaustive and does not cover all orthodontic or dental procedures or treatments.  The information on this Website and any link to other sites is for informational purposes only and is not intended to provide medical advice for any specific medical condition you may have.  This Website does not create a doctor/patient relationship.  If you have questions or concerns about your health, please contact your healthcare provider.

COPYRIGHT AND TRADEMARK INFORMATION

The Website 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 DynaFlex, 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.    The DynaFlex logo is a registered trademark of Ortho Solutions, LC d/b/a DynaFlex.  The name DynaFlex, its logos, the product and service names, designs and slogans profiled herein are proprietary marks of DynaFlex or its affiliates or licensors.   All other brands, names, logos, product and service names, designs, and slogans on this Website are the property of their respective owners.  You may not use any meta tags or any other “hidden text” utilizing DynaFlex’s name or trademarks without our express written consent.  You may not utilize framing to enclose any trademark, logo or other proprietary information contained on this Website without our express written consent.

USE OF THE WEBSITE CONTENT

By visiting and using the Website, you represent to us that you are at least 13 years old.  Further, by visiting and using the Website, you represent to us that, if you are under the age of majority in your state (i.e. if you are a minor), you have consent from a parent or legal guardian to do so, and that your parent or legal guardian has read and agreed to the Privacy Policy and these Terms of Use.  IF YOU ARE UNDER THE AGE OF 13, DO NOT USE THIS WEBSITE.   IF YOU ARE A MINOR, DO NOT USE THE WEBSITE WITHOUT CONSENT OF A PARENT OR LEGAL GUARDIAN.

Subject to these Terms of Use, DynaFlex grants you a limited, personal, non-commercial, revocable, non-exclusive, non-transferable license to use the Website for your personal use and not for resale or further distribution.

You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page (only) of this Website so long as the link does not portray DynaFlex or its products in a false, misleading, derogatory, or otherwise offensive manner.  Without our express written consent, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

USER CONDUCT

YOU AGREE not to reproduce, duplicate, copy, sell, resell, publicly display, publicly perform, or exploit for any commercial purposes use (except the primary commercial purpose of this Website which is for DynaFlex to promote and sell its products and services to medical practitioners) of the Website, access to the Website or any of the content accessible through the Website.  You agree not to copy or post on any networked computer, broadcast in any media, or to use, modify, distribute, publish, transmit or create derivative works of any material found on our Website for any public or commercial purposes.  You are not permitted to modify any materials from this Website in any way, including but not limited to the deletion or alteration of any copyright, trademark, or other proprietary rights notices from copies of materials from this Website. 

Notwithstanding the preceding paragraph, you may do the following:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print (or download) one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

Except as expressly provided above, nothing contained in this Website will be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of DynaFlex or any third party.

YOU AGREE to only use this Website for lawful purposes.  YOU AGREE to not use our Website to:

1. Post or transmit any material that is unrelated to the subject matter of the Website
2. Violate or solicit the violation of any applicable local, state, national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)
3. Violate the rights of any third party, including but not limited to intellectual property rights, contractual rights, privacy rights or publicity rights
4. Interfere with or disrupt the Website, computer servers, boards or portals accessible through the Website (including, without limitation, conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm DynaFlex or users of the Website, or expose them to liability)
5. Intentionally seek information on, obtain copies of or modify files or other data or passwords belonging to other users without their permission; or harvest usernames, e-mail addresses or other personal information for any purpose
6. Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity
7. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy or publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated)
8. Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous or
9. Engage in or facilitate the transmission of unsolicited mass mailing or spamming or any other similar solicitation

YOU FURTHER AGREE not to:

1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website
2. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website
3. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent
4. Use any device, software, or routine that interferes with the proper working of the Website
5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website
7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack
8. Otherwise attempt to interfere with the proper working of the Website.

If you do use the Website to commit any violations of our Terms of Use, DynaFlex may, at its sole discretion, terminate your access and use of the Website and prosecute you to the fullest extent allowed by law.   We may also disclose information about you and your violation(s) to law enforcement authorities, including your identity and other personal information.

 No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by DynaFlex.

MODIFICATION AND TERMINATION OF WEBSITE

DynaFlex reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.  YOU AGREE that DynaFlex shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.  DynaFlex may also make improvements and/or changes in the products or programs described in this Website at any time without notice.  However, DynaFlex disclaims any responsibility to update, improve or change this Website.  The content is not necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

ACCOUNT SECURITY

To access the Website 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 Website that all the information you provide on the Website is correct, current and complete.  You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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 with access to this Website or portions of it using your user name, password, or other security information.  You agree to notify us 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.  We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

USE OF EMAIL CONTENT

Transmittal of email to this web site may not be private.  You grant DynaFlex and its designees the unrestricted right to use, reproduce, modify, translate, transmit and distribute any information or material you supply or communicate to the Website via such postings in any medium now in existence or hereafter developed for any purposes.  This Section is subject also to our Privacy Policy.

PRIVACY

We may collect web log files and other information about you through the Website.  Our collection and use of this information is governed by our Privacy Policy (available here).  Our Privacy Policy explains how your information is used and who has access to it.

WEBSITE LINKS

The Website may provide links or references to other sites.  DynaFlex cannot be held responsible for the information, products or services obtained on such other site and will not be liable for any damages arising from access to such sites.  Any links to other sites are provided merely as a convenience to the visitors of this Website and any inclusion of such links in this Website does not imply an endorsement or warranty of the linked sites or their content, products or services.  Visitors are cautioned that linked sites are governed by their own Terms of Use and Privacy Policies, so visitors linking to such sites should make sure to visit the appropriate pages of those sites to determine what policies will apply.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE THAT YOU ARE USING THIS WEBSITE AT YOUR OWN RISK.  You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.    TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THIS SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED BY DYNAFLEX ON AN “AS IS” AND “AS AVAILABLE” BASIS, FOR GENERAL INFORMATIONAL PURPOSES AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.  NEITHER DYNAFLEX NOR ANY PERSON ASSOCIATED WITH THE COMPANY WARRANTS THE ACCURACY, SECURITY, RELIABILITY, AVAILABILITY, USEFULNESS OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, EMAIL RESPONSES, LINKS AND OTHER ITEMS CONTAINED ON THIS WEBSITE OR ANY OTHER SERVER.  YOU RELY ON THE WEBSITE AND WEBSITE CONTENT AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE USE, DOWNLOADING OR ACCESSING OF ANY MATERIAL THROUGH THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING EMAIL) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.  SOME STATES OR COUNTRIES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY.

LIMITATION OF LIABILITY

DYNAFLEX AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE, AND THEIR OFFICERS, DIRECTORS, SUBSIDARIES, PARENT COMPANIES, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, LICENSORS, SUCCESSORS AND ASSIGNS (THE “RELEASED PARTIES”) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DYNAFLEX HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) RESULTING FROM YOUR USE OF THE WEBSITE AND WEBSITE CONTENT.  UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS) REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE, EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100).  BECAUSE SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU OR SHALL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.

INDEMNITY

YOU AGREE to indemnify and hold DynaFlex and the Released Parties, harmless from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees , including reasonable attorneys’ fees, arising out of or related to your use of the Website or Website content, your violation of these Terms of Use, or your violation of any rights of another person or entity.  YOU AGREE to cooperate with us in the defense of any claim.  We reserve the right to exclusive defense and control of any matter subject to indemnification by you and you will not in any event settle any such claim without our prior written consent.

GEOGRAPHIC RESTRICTIONS

The owner of this Website is based in the State of Missouri, in the United States.  We provide this Website for use primarily by persons located in the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

APPLICABLE LAW AND JURISDICTION

By visiting this Website, YOU AGREE that all matters relating to the Website, the Terms of Use and Privacy Policy for all purposes shall be governed and construed in accordance with the laws of the State of Missouri, United States without regard to principles of conflict of laws, (whether of Missouri or any other jurisdiction) and that any action based on or alleging a breach of these Terms of Use or Privacy Policy or related to the Website must be brought in a state or federal court located in the State of Missouri, United States.  You agree to submit to the personal jurisdiction and venue of such courts.

LIMITATION ON TIME TO FILE CLAIMS

Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS

All purchases through our Website or other transactions for the sale of goods or services formed through the Website, or resulting from visits made by you, are governed by our Terms & Conditions of Sale, which are set forth in the Section of the Website for the product you are purchasing.

GENERAL

These Terms of Use together with the Privacy Policy and HIPAA Privacy Policy constitute the entire agreement between you and DynaFlex with respect to the Website and supersede all prior agreements and understandings between you and DynaFlex regarding the matters covered in these Terms and the Privacy Policies.

If any of these Terms shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. 

The failure of DynaFlex to enforce any provisions of these Terms of Use will not be construed as a waiver of any provision or right.

If you have any questions regarding the Website Terms of Use or the practices of this Website you can contact Maureen Miller, Esq., maureenm@dynaflex.com.