Welcome to Dentlogics (“Dentlogics”, “we”, “us” or “our” as context dictates). We are excited to offer you our training platform, Dentlogics (as defined below) and its related sites, services, applications, and tools (collectively, the “Services”). By using the Services you confirm that you accept our Terms and that you agree to abide by them. The word “you” in these Terms of Use refers to the person who is subscribing to our Services acting solely for the person’s own benefit or acting on behalf of others, including a corporation or other legal entity (“Other Persons”). If you are acting on behalf of Other Persons you are binding them to the obligations of our Terms, and (2) warrant that you have the authority, actual or implied, to bind such Other Persons to our Terms. You will also have the obligation to ensure all Authorized Users (as defined below) follow these Terms of Use. If you do not agree to our Terms, please do not use our Services. Any continued use of the Services by you or any of your Authorized User will be considered as your consent and agreement to our Terms.
Service Offering
Subject to your payment of Fees and our Terms, we grant you a non-exclusive, non-transferable and non-sublicensable right to access and utilize the Services (1) solely during the term of your subscription to Services, (2) only for your purposes, and (3) for no more than the Authorized Users at such address permitted under the Service subscription terms.
Fees and payment
Your use of the Services is subject to your payment of the ongoing subscription fee paid (the “Subscription Fee” or “Fee”). All Fees may be changed by Dentlogics at its discretion but any such change will only impact the subscription period after the expiry of Term. Fees shall be in the legal currency of the United States of America. You are responsible for paying all Fees and applicable taxes using a payment method offered on the Website.
If your payment is past due, Dentlogics may, at its sole discretion, (i) administer a fee for non-sufficient funds in case a payment method (e.g. credit card) fails, (ii) suspend or terminate the Service, and (iii) pursue all remedies otherwise available to us.
Proprietary Rights
You will not obtain any ownership interest in the Services or any modifications to the Services as a result of your access and use of Services.
Release and Indemnification
You agree to indemnify and hold harmless Dentlogics, its officers, directors, employees, agents, successors and permitted assigns from and against any and all claims and expenses, including legal fees and disbursements, arising out of: any use of the Services, including your violation of any of the provisions in these Terms of Use; improper Handling of any data; allegation of facts that, if true, would constitute your breach of any of your representations, warranties, covenants or obligations under these Terms of Use; or negligence or willful misconduct by you or any third party on your behalf in connection with these Terms of Use.
Liability
Under no circumstances will Dentlogics, our representatives, affiliates, suppliers, or other third parties with whom we do business be liable for any indirect, incidental, special, consequential or exemplary damages arising from or relating to the use of the Services. This includes, but is not limited to, any loss of profit, earnings, anticipated earnings, interruption or loss of business, or any consequential losses, problems, or fault howsoever arising out of the use of the Services. Under no circumstances will Dentlogics, our representatives, affiliates, suppliers or Business Partners be liable to you or any person with respect to damages incurred by reason of any services or goods received through, advertised on, or provided by the Services. Under no circumstances will Dentlogics, our representatives, affiliates, suppliers or Business Partners be liable for the acts, omissions or conduct of any third party users of the Services. Without limiting the foregoing in this section entitled “Liability” the limit on Dentlogics (including our representatives, affiliates, suppliers or Business Partners) total cumulative liability to you or any person for any claims arising from or relating to the Services will be limited to a maximum of ten (10) American dollars. Should a jurisdiction that does not allow the exclusion of incidental, special or consequential damages apply to these Terms of Use, the total liability to you or any person in connection with any incidental, special or consequential damages will be limited by the above paragraph of this section entitled “Liability.” You agree and acknowledge that regardless of any statute or law to the contrary any claim or cause of action arising from or relating to the Services must be filed within one (1) year after such a claim or cause of action arises or be permanently barred. The foregoing shall not apply to the extent prohibited by the applicable law.
Term and Termination
Our Terms, and any payment obligations, will be deemed to be applicable to you upon your use of the Services and will terminate only upon an actual deletion or deactivation of your Account; abandonment or non-use of the Account will not lead to an automatic termination of your Account. Your obligation to pay the Fees will continue until your Account is deactivated. We do not offer refunds in relation to any payments you may have made in respect of a subscription for Services, regardless of reason for cancellation or termination of the Services.
We may suspend or terminate your access to all or any part of the Services at any time, with or without cause and with or without notice, effective immediately and for any reason deemed appropriate in our sole discretion.
These Terms of Use will no longer be applicable to you if your Account is cancelled or terminated.
Upon termination of your Account (1) all rights, licenses, consents and authorizations granted pursuant to these Terms of Use will immediately terminate, and (2) we may disable all Authorized User access to the Services.
Permission for Communication
We use email and other electronic means to stay in touch with you. You agree that when you provide us your e-mail address or personally identifying information (e.g. name, address) during or prior to access of the Services, you: (1) consent to receive communications from us, our Affiliates, and applicable Users in electronic formats, including via the email address you have submitted, SMS messages to your telephone, or other agreed upon contact methods; (2) can opt-out from receiving communication from any such party at any time by completing the formalities on our Website, but we do not take on any liability for any communication of another party to you, particularly if you have provided your contact information to them independently rather than using the communication functions of the Website; and (3) agree that our Terms, agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications would satisfy if they were in writing and physically presented to you.
Modification of our Terms
Dentlogics reserves the right, at our sole discretion, to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.
If our Terms are modified in a way we consider significant, we will post the amended Terms on our Website. Although we will take reasonable steps to notify you of such significant changes made, you are expected to check our Terms periodically for any amendments. Your continued use of our Terms following such notification shall constitute your affirmative acknowledgement of these Terms of Use, the modification and agreement to abide and be bound by our Terms, as amended. If at any time you choose not to accept our revised Terms, including following receipt of notification of any modifications made hereto, then please do not use the Services and as applicable, terminate your Account.
Arbitration
Any controversy, dispute, disagreement or claim arising out of, relating to or in connection with our Services or any breach thereof, including any question regarding its existence, validity or termination, shall be finally and conclusively resolved by arbitration under International Commercial Arbitration Act, 2017, SO 2017, c 2 . There shall be one arbitrator selected in accordance with the Rules. The parties to the arbitration shall equally share the fees of the arbitrator and the facility fees and the parties shall each bear their own legal costs and expenses of the arbitration; provided, that the arbitrator shall have the authority to award such fees, costs and expenses in the decision of the arbitrator. The arbitration shall be conducted in English. Any decision of the arbitrator shall be final and binding on the parties and their respective successors and assigns and there shall be no right to appeal such decision, whether on a question of law, a question of fact, or a mixed question of fact and law. Notwithstanding the foregoing, each party shall have the right to seek injunctive or other equitable relief that may be related to the breach of confidentiality obligations or violation of the Intellectual Property Rights set forth in these Terms of Use.
Entire Agreement
These Terms of Use, constitute the entire agreement between you and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of our Terms.