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Terms and Conditions - Implant Concierge™ Terms of Use

Last updated September 22, 2014

iMDDS, LLC and/or its affiliates (“Implant ConciergeTM”) provide website features to you subject to the following conditions. If you visit, create cases or order Guided Surgery services at ImplantConcierge.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Implant ConciergeTM service or business you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.PrivacyPlease review our Privacy Notice, which also governs your visit to ImplantConcierge.com, to understand our practices.Electronic CommunicationsWhen you visit ImplantConcierge.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, phone, fax or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.CopyrightAll content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Implant ConciergeTM or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Implant ConciergeTM and protected by U.S. copyright laws. All software used on this site is the property of Implant ConciergeTM or its software suppliers and protected by United States and international copyright laws.TrademarksImplantConcierge.com and other ImplantConcierge.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Implant ConciergeTM in the U.S. Implant ConciergeTM trademarks and trade dress may not be used in connection with any product or service that is not Implant ConciergeTM, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Implant ConciergeTM. All other trademarks not owned by Implant ConciergeTM that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Implant ConciergeTM.PatentsOne or more patents owned by iMDDS, LLC apply to this site and to the features and services accessible via the site. Portions of this site operate under license of one or more patents.License and Site AccessImplant ConciergeTM grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Implant ConciergeTM. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without expressed written consent of Implant ConciergeTM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Implant ConciergeTM without express written consent. You may not use any meta tags or any other “hidden text” utilizing Implant ConciergeTM name or trademarks without the express written consent of Implant ConciergeTM. Any unauthorized use terminates the permission or license granted by Implant ConciergeTM. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ImplantConcierge.com so long as the link does not portray Implant ConciergeTM, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Implant ConciergeTM logo or other proprietary graphic or trademark as part of the link without express written permission.Your AccountIf you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Implant ConciergeTM does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use ImplantConcierge.com only with involvement of a parent or guardian. Implant ConciergeTM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.Reviews, Comments, Communications, and Other ContentVisitors may post comments, photos, and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a case or order or other content. Implant ConciergeTM reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.If you do post content or submit material, and unless we indicate otherwise, you grant Implant ConciergeTM a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Implant ConciergeTM and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Implant ConciergeTM for all claims resulting from content you supply. Implant ConciergeTM has the right but not the obligation to monitor and edit or remove any activity or content. Implant ConciergeTM takes no responsibility and assumes no liability for any content posted by you or any third party.Copyright ComplaintsImplant ConciergeTM respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email Implant ConciergeTM.Risk of LossAll items purchased from Implant ConciergeTM are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.Product DescriptionsImplant ConciergeTM attempts to be as accurate as possible. However, Implant ConciergeTM does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Implant ConciergeTM itself is not as described, your sole remedy is to return it in unused condition. If the product has been provided by a Case Partner, then the return policy for that Case Partner will be in affect.PricingExcept where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.With respect to items or services sold by Implant ConciergeTM, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after all Implant ConciergeTM services have been completed. If an item’s or services price will be higher than our originally stated price due to complications or specific anatomical needs, we will contact you for instructions before manufacturing and shipping your order.Other BusinessesImplant ConciergeTM provides links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Implant ConciergeTM does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.Disclaimer of Warranties and Limitation of LiabilityThis site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by Implant ConciergeTM on an “as is” and “as available” basis, unless otherwise specified in writing. Implant ConciergeTM makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.To the full extent permissible by applicable law, Implant ConciergeTM disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Implant ConciergeTM does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or e-mail sent from Implant ConciergeTM are free of viruses or other harmful components. Implant ConciergeTM will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.Applicable LawBy visiting Implant Concierge.com, you agree that the laws of the State of Texas, United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Implant ConciergeTM.IndemnificationYou shall defend and indemnify iMDDS, LLC and any Third Party Suppliers and its and their respective owners, officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site (including without limitation any violation by you of these terms and conditions any law or the rights of a third party).DisputesAny dispute relating in any way to your visit to ImplantConcierge.com or to products or services sold or distributed by Implant ConciergeTM or through ImplantConcierge.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Bexar County, Texas, and you consent to exclusive jurisdiction and venue in such courts.Site Policies, Modification, and SeverabilityPlease review our other policies, such as our Privacy Policy posted on this site. These policies also govern your visit to Implant Concierge.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.Notice and Procedure for Making Claims of Copyright InfrigrementIf you believe that your work has been copied in a way that constitutes copyright infringement, please provide ImplantConcierge.com copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Implant ConciergeTM that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
  • Your address, telephone number, and e-mail address;
  • 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

ImplantConcierge.com Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

ImplantConcierge.com Legal Department
11503 NW Military Hwy, Suite 212
San Antonio, TX 78231
P: (866) 977-2228

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