Terms and Conditions
Untitled Document
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other applicable
law. If you do not agree to these terms and conditions, please do not use this
site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Implant Direct, LLC. The collective
work includes works that are licensed to Implant Direct, LLC. Copyright 2006,
Implant Direct, LLC ALL RIGHTS RESERVED. Permission is granted to electronically
copy and print hard copy portions of this site for the sole purpose of placing
an order with Implant Direct, LLC or purchasing Implant Direct, LLC products.
You may display and, subject to any expressly stated restrictions or limitations
relating to specific material, download or print portions of the material from
the different areas of the site solely for your own non-commercial use, or to
place an order with Implant Direct, LLC or to purchase Implant Direct, LLC products.
Any other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly prohibited,
unless authorized by Implant Direct, LLC. You further agree not to change or
delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Implant Direct, LLC used in
the site are trademarks or registered trademarks of Implant Direct, LLC until
otherwise specifically noted
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and
without warranties of any kind, whether express or implied. To the fullest extent
permissible pursuant to applicable law, Implant Direct, LLC disclaims all warranties,
express or implied, including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement. Implant Direct, LLC
does not represent or warrant that the functions contained in the site will
be uninterrupted or error-free, that the defects will be corrected, or that
this site or the server that makes the site available are free of viruses or
other harmful components. Implant Direct, LLC does not make any warrantees or
representations regarding the use of the materials in this site in terms of
their correctness, accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations or exclusions on warranties,
so the above limitations may not apply to you.
Limitation of Liability
Implant Direct, LLC shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Implant Direct, LLC has been
advised of the possibility of such damages. Applicable law may not allow the
limitation of exclusion of liability or incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Implant Direct, LLC product is mistakenly listed at an incorrect
price, Implant Direct, LLC reserves the right to refuse or cancel any orders
placed for product listed at the incorrect price. Implant Direct, LLC reserves
the right to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already been
charged for the purchase and your order is cancelled, Implant Direct, LLC shall
issue a credit to your credit card account in the amount of the cancelled order.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and conditions,
or any part of them, may be terminated or modified by Implant Direct, LLC without
notice at any time, for any reason. The provisions relating to Copyrights, Trademark,
Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall
survive any termination.
Notice
Implant Direct, LLC may deliver notice to you by means of e-mail, a general
notice on the site, or other reliable method to the address you have provided
to Implant Direct, LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state
of California, U.S.A., without regard to choice of law provisions, and not by
the 1980 U.N. Convention on contracts for the international sale of goods. You
agree that jurisdiction over and venue in any legal proceeding directly or indirectly
arising out of or relating to this site (including but not limited to the purchase
of Implant Direct, LLC products) shall be in the state or federal courts located
in Los Angeles County, California. Any cause of action or claim you may have
with respect to the site (including but not limited to the purchase of Implant Direct, LLC
products) must be commenced within one (1) year after the claim for cause of
action arises. Implant Direct, LLC's failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be construed
as a waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any of these terms and conditions.
Implant Direct, LLC may assign its rights and duties under this Agreement to
any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or
by use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a Implant Direct, LLC or other licensed employee, host,
or representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of privacy
or publicity rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal or civil offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law. You
may not upload commercial content on the site or use the site to solicit others
to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Implant Direct, LLC does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner responsible
for the content of these communications and materials. You acknowledge that
by providing you with the ability to view and distribute user-generated content
on the site, Implant Direct, LLC is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability relating to
any contents or activities on the site. However, Implant Direct, LLC reserves
the right to block or remove communications or materials that it determines
to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright, trademark or; other intellectual property right
of another or (d) offensive or otherwise unacceptable to Implant Direct, LLC
in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Implant Direct, LLC, its officers,
directors, employees, agents, licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these terms and
conditions or any activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Implant Direct, LLC
may link to sites operated by third parties. However, even if the third party
is affiliated with Implant Direct, LLC, Implant Direct, LLC has no control over
these linked sites, all of which have separate privacy and data collection practices,
independent of Implant Direct, LLC. These linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless, Implant Direct, LLC
seeks to protect the integrity of its web site and the links placed upon it
and therefore requests any feedback on not only its own site, but for sites
it links to as well (including if a specific link does not work).
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