Terms of Use

General terms and conditions

This web site ("the Site") is owned and maintained by Aspen Dental Management, Inc. By accessing or using this Site, you unconditionally agree to be bound by all of the terms, conditions and notices contained in this Site Use Agreement. These general terms and conditions in this Agreement are referred to as this "Agreement."

By using the Site, you express your understanding and agreement that you are bound by these general terms and conditions. If you are unwilling to be bound by these general terms and conditions, do not use the Site.

By using the Site, you also express your understanding and agreement that you are responsible for complying with all applicable laws and regulations. Accessing or using any portion or feature of the Site from any territory where such portion or feature of the Site is illegal is prohibited.

Aspen Dental Management, Inc. reserves the right to revise this Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions. By continuing to use the Site after such revisions are made, you express your understanding and agreement to such revised terms.

Intellectual property

The Site and all of its contents (including but not limited to all text, images and software) are the property of Aspen Dental Management, Inc. or its licensors, and are protected by United States and international copyright, trademark and/or other laws. Aspen Dental Management, Inc. reserves all intellectual property rights not expressly granted under this Agreement.

Disclaimers

The material and information on the Site may contain technical, typographical or other errors or inaccuracies (including errors, inaccuracies or omissions relating to product or service descriptions, pricing or availability) and may not be complete or current. ASPEN DENTAL MANAGEMENT, INC. DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR CURRENT. Aspen Dental Management, Inc. may change any material or information on the Site at any time without prior notice, but ASPEN DENTAL MANAGEMENT, INC. DOES NOT MAKE ANY COMMITMENT TO UPDATE MATERIAL OR INFORMATION ON THE SITE. ASPEN DENTAL MANAGEMENT, INC. MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE, LAWFUL OR APPROPRIATE FOR ACCESS OR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES AND ITS TERRITORIES AND POSSESSIONS. Aspen Dental Management, Inc. has not reviewed all of the sites to which links appear on the Site and is not responsible for their contents. The inclusion of any such link on the Site does not imply endorsement by Aspen Dental Management, Inc. of any linked site, the use of which is at the user's own risk.

Warranty disclaimer

WITHOUT LIMITING THE FOREGOING, THE SITE AND ITS ENTIRE CONTENTS ARE MADE AVAILABLE BY ASPEN DENTAL MANAGEMENT, INC. "AS IS," WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SITE AND ITS CONTENT AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENT MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME. ASPEN DENTAL MANAGEMENT, INC. DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY ASPEN DENTAL MANAGEMENT, INC. WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of liability

ASPEN DENTAL MANAGEMENT, INC. ASSUMES NO LIABILITY FOR LOSS OR DAMAGE HOWSOEVER RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENT. IN NO EVENT WILL ASPEN DENTAL MANAGEMENT, INC. BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENT, THE USE THEREOF, OR THE INABILITY TO USE THE SITE, EVEN IF ASPEN DENTAL MANAGEMENT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY WARRANTY DISCLAIMER OR LIMITATION ON LIABILITY IN THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ASPEN DENTAL MANAGEMENT, INC. UPON ANY CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF THE SITE, ITS USE OR ITS CONTENT SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).

Applicable law and dispute resolution

Aspen Dental Management, Inc. maintains and operates the Site from its facilities in New York in the United States of America. Use of the Site and its contents, all transactions arising from use of the Site, and this Agreement, shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and the state of New York, without giving effect to any principles of conflict of laws. Any dispute between Aspen Dental Management, Inc. and any user of the Site will be resolved by a state or federal court situated within Onondaga County in the state of New York, and user hereby irrevocably submits to the personal jurisdiction of such courts for that purpose. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

General

Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. Any section headings or titles in this Agreement are inserted for convenience only and shall have no other meaning. This Agreement sets forth the entire agreement and understanding between Aspen Dental Management, Inc. and the user of the Site regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter.

Questions about our Terms of Use on the Aspen Dental website may be addressed to webmaster@aspendental.com.

If you would like additional information about our privacy practices or have questions, Aspen Dental’s HIPAA Compliance Officer may be reached at 800-996-6470, extension 201250.

Location tracking

This utility is provided by GeoNames.org, and their privacy policy, http://creativecommons.org/privacy, applies to information being submitted rather than the Aspen Dental privacy policy.

Copyright and trademark

All Site content is Copyright ©2018 Aspen Dental Management, Inc. All rights reserved. Note that any product, process or technology described in the Site content may be the subject of other Intellectual Property rights reserved by Aspen Dental Management, Inc., and are not licensed hereunder. No materials from this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download material displayed on this Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, report or use the content of this Site for public or commercial purposes, including the text, images, audio and video, without Aspen Dental Management, Inc.'s prior written permission. Aspen Dental Management, Inc., the Aspen Dental logo, ComfiLytes, NaturaLytes, FlexiLytes, FlexiLytes Combo, ComfiDents, AspenDental (and Design), A (and Design), ComfiDents Dentures (and Design), SecureDent Implant Systems (Stylized), Sparedent Denture (Stylized), Extradent Denture (Logo), AspenDental Smile Squad (and Design), and AspenDental Practice Made Perfect are trademarks of Aspen Dental Management, Inc., a Delaware corporation having its principle offices at 281 Sanders Creek Parkway, East Syracuse, New York. All other marks are property of their respective owners.

Appointment reminder mobile text message terms and conditions.

There is no fee charged to receive messages. Message & data rates may apply– this can be checked with your mobile service provider. Charges are billed and payable to your mobile service provider or deducted from your prepaid account. Consent is not a requirement for purchase.
Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us.
For information on data collection and use, please read our Privacy Policy.
Alerts sent via SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless carrier may interfere with message delivery, including the customer's equipment, terrain, proximity to buildings, foliage, and weather. The wireless carrier does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.
Compatible carriers include: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, Alltel, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, C Spire Wireless, Cricket, Cincinnati Bell and Virgin Mobile.
As a recipient of mobile alerts, you will receive up to two (2) automated messages prior to each dental appointment to the mobile number provided. You can unsubscribe from this service at any time by texting 'STOP' to 59044.
By subscribing to alerts, the user consents to receive, from time to time, further text messages from the practice and service providers of the practice. Message & data rates may apply.
If you have any questions, text HELP to 59044, contact patientservices@aspendental.com

User Generated Content

User Submissions: Aspen Dental Management Inc. “ADMI” welcomes your comments and submissions. In consideration for ADMI permitting, you to submit your content, including but not limited to images, text, and videos (“User-Generated Content” or “UGC”), to ADMI’s Web Site, mobile apps, or social media pages (collectively, the “Services”), you hereby acknowledge and agree that upon submission of UGC via the Services, you shall be bound by these Terms of Use. If you do not agree to all terms within the Terms of Use, do not submit UGC to us. By agreeing to these Terms of Use and submitting UGC, you represent and warrant that:

You are at least eighteen (18) years of age and are legally considered an adult in the state or country where you reside;
You own all copyright in the UGC, including the rights to any photograph, image or clip within your UGC;
You have full power and authority to agree to these Terms of Use;
The UGC is your own original creation (i.e., not taken from another website, social media posting, or elsewhere) and does not contain anything that violates the rights of any person or entity;
The UGC does not contain personally identifiable information (e.g., first and last name, addresses, email addresses, contact information or phone numbers, or any other identifiers) or any health information of any individual other than myself. I hereby affirm that by posting the UGC, any information related to my treatment is no longer protected health information;
The UGC does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or ADMI;
The UGC does not contain anything illegal, defamatory, false or misleading, obscene or offensive;
The UGC does not contain any advertising or promotional material or promote any product, service or other commercial activity, other than the product and/or services of ADMI;
The UGC does not contain harmful material such as malware, viruses, time bombs, and other computer programming routines that could damage or interfere with ADMI’s systems, programs, data, or platforms;
You have obtained the consent or permission from any person(s) appearing in the UGC (or owning any rights in the UGC or anything appearing therein) to provide us with the rights to use the UGC as described in these Terms of Use;
Your upload or post of the UGC does not violate any applicable laws or the terms or requirements of the social media platform(s) where you uploaded or posted the UGC;
The Licensed Parties’ (as defined below) use of your UGC as described in these Terms of Use will not violate the rights of any person or entity and will not violate any law;
You confirm and agree that the Licensed Parties’ use of your UGC as described in these Terms of Use does not and shall not require any payment to any person or entity and does not require additional license, authorization, approval or consent by any other person or entity; and
You have read and you agree to comply with all of the terms and conditions in these Terms of Use.

By submitting UGC, you hereby grant to ADMI and its related companies, affiliates (anywhere in the world), agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and their respective retail partners, marketing or public relations agencies, and other third-party service providers (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, freely transferable and sublicensable right to publish, release, exhibit, republish, transmit, modify, distribute, print, post, create derivative works from, and otherwise use your UGC in connection with Licensed Parties’ business and any advertising, sales and marketing activities to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known, with or without your username, real name, image, likeness, voice, descriptions of you, location, or other identifying information, and/or to incorporate them in other works in any form, media or technology now known or developed in the future.

To the extent applicable, you grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location, or other identifying information, including but not limited to your voice, in connection with any use of your UGC in accordance with these Terms of Use.

You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the UGC and the rights you are granting us under these Terms of Use. If requested, you agree to sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us under these Terms of Use. Additionally, you irrevocably and unconditionally waive (and agree not to enforce) all rights in the UGC, including without limitation, any moral rights or equivalent rights which you may otherwise have under any laws now existing, or which become law in the future in any part of the world. You have no right of approval or inspection, and you are not entitled to any compensation.

Whether we choose to use the UGC or not is solely our choice. We have no obligation to use the UGC and we may remove or stop using any UGC at any time, for any reason. Use of the UGC does not imply our endorsement of or any affiliation with you.

You also permit any other users of the Services to access, view, store, re-post, or reproduce your UGC for that user’s personal, non-commercial use. The Licensed Parties will not be required to treat any UGC as confidential, and you grant to the Licensed Parties the right to edit, copy, modify, display, publish and distribute any UGC made available via the Services by you, without compensation to you or any other party submitting the UGC for you. Notwithstanding the right and license, you understand that by merely permitting your UGC to appear on the Services, the Licensed Parties are not publishers of such UGC and are merely functioning as intermediaries to enable you to provide and display UGC. Moreover, the Licensed Parties do not make any representation with respect to, nor do they endorse the accuracy, completeness, timeliness, or reliability of, any UGC displayed, uploaded, linked-to, or distributed by you or any other user.

If you have a material connection to ADMI (such as an employee, agency, sponsored blogger/brand ambassador, compensated influencer, etc.), please be sure to let people know that when you post.

You agree that by using the Services, you are prohibited from and agree you will not post or transmit any of the following:

anything that interferes with or disrupts the Services or operation of the Services;
anything that is vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing, misleading, or false;
unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;
anything that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
anything that harm minors;
anything that impersonates any other person or entity, whether actual or fictitious, or that misrepresent your affiliation with any entity; or
files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Services.

You also agree that by granting the Licensed Parties the right and license to use your UGC, you release the Licensed Parties that use your UGC, from any and all claims, actions or proceedings of any kind, and from any and all damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising out of use of your UGC as contemplated by these Terms of Use or any breach by you of these Terms of Use.

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