Terms & Conditions
We have gone to great lengths to create a website that would be user friendly and informative. We welcome any comments that would lead to an improved site.
The purpose of this page is to inform you of the terms and conditions. By using this site, it automatically constitutes your agreement and abidance of the terms. If you do not agree with any or all of the terms, then please do not use this site. We reserve the right to make any modifications that we deem necessary at any time. Please check back here periodically to see any changes that have been made. By visiting this site and your continued use of the Ortho Kinetics Web site means that you accept those changes.
THE ORTHO KINETICS PRICE POLICY
We make every effort to maintain prices for the duration of a catalog, but we reserve the right to make price adjustments in response to manufacturers’ price increases or extraordinary circumstances. Prices are subject to change without notice.
Points, Gifts, or Other Special Awards Program:
Participating in a promotional discount program (e.g., points, gifts or other special awards) is only acceptable if your practice does not bill any federal health care programs (e.g., Medicare, Medicaid or Tricare) for dental or pharmaceutical services, and, by participation, you agree that to your knowledge neither your practice nor your patients are reimbursed by such programs for such services.
Legal Terms and Conditions
These Legal Terms and Conditions apply to the entire Ortho Kinetics Web site and all portions of the site contained therein. These Legal Terms and Conditions shall apply to any future portions of the Ortho Kinetics Web site (excluding links to other Web sites as provided below) unless otherwise stated.
USE OF THIS WEB SITE
Use of this Web site and access to the material it contains is subject to the following Legal Terms and Conditions as well as to applicable laws. Your access to and browsing of this Web site constitutes your full acceptance of these Legal Terms and Conditions. We reserve the right, at our sole discretion, to update or revise these Legal Terms and Conditions. Please check the Legal Terms and Conditions periodically for changes. Your continued use of this site following the posting of any changes to the Legal Terms and Conditions constitutes acceptance of those changes.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you will not use the Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web site in any manner that could damage, disable, overburden, or impair any Ortho Kinetics server, or the network(s) connected to any Ortho Kinetics server, or interfere with any other party's use and enjoyment of the Web site. You may not attempt to gain unauthorized access to any computer systems or networks connected to any Ortho Kinetics server or other systems, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web site. Ortho Kinetics makes no representation that the Web site is appropriate or available for use in locations outside the United States, and accessing the Web site from territories where such content is illegal is prohibited. Those who choose to access this Web site from locations outside the United States do so at their own initiative and are responsible for compliance with all applicable laws.
You are responsible for maintaining the confidentiality of your logon information, and are fully responsible for all activities that occur under your password or user name. You agree (a) to immediately notify Ortho Kinetics of any unauthorized use of your password or user name or any other breach of security, and (b) to ensure that you exit from your account at the end of each session.
LINKS TO OTHER WEB SITES
Copyrights. Ortho Kinetics is the owner or licensee of all copyrights in and to the content on this Web site, including without limitation, (i) all materials, documentation, text, data, graphics, graphs, charts, buttons, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on this Web site; and (ii) the design, selection and arrangement of this Web site. All rights reserved.
Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable, limited right to access, use, and display this Web site and the materials provided hereon for the purpose of obtaining and reviewing your account information. Specifically, you are granted permission to view or download a single copy of the material on the Web site solely to access our services, place orders, and review your account information. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content, or any use of the content for any other purpose than that expressly permitted herein. Ownership of all such content shall at all times remain with Ortho Kinetics or its licensors. Ortho Kinetics and its licensors reserve all rights not expressly granted to you. Use of the copyrightable material on this Web site for any purpose not expressly authorized herein without the prior written permission of Ortho Kinetics or its licensors is forbidden.
Trademarks. All trademarks, service marks, trade names, logos, and other designations (collectively the "Marks") are the sole property of Ortho Kinetics or other third parties that have granted Ortho Kinetics the right and license to use such Marks. Nothing contained on this Web site should be construed as granting any license or right to use any such Marks without the written permission of Ortho Kinetics or such third party that may own the Marks displayed.
Your Information. We reserve the right, and you authorize us, to use and freely assign all information regarding the use of this Web site by you and all information provided by you in any manner consistent with our Privacy Statement. Click here to read our Privacy Statement, which is incorporated into these Legal Terms and Conditions by reference.
TYPOGRAPHICAL OR OTHER ERRORS
While Ortho Kinetics takes reasonable care and skill to provide information which is accurate and up to date when first included on the Web site, typographical and other errors may nevertheless occur. Ortho Kinetics does not undertake to update or correct such information and reserves the right to modify, delete and rearrange any or all of the contents of this Web site at any time without notice to you. While Ortho Kinetics makes reasonable efforts to prevent unauthorized tampering with the Web site, Ortho Kinetics does not guarantee that its efforts will always be successful. Therefore, as set below, Ortho Kinetics does not warranty that the Web site materials will be error-free, and disclaims any liability for such errors.
DISCLAIMER OF WARRANTIES
ORTHO KINETICS MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEB SITE MATERIALS OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE. Ortho Kinetics PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE LEGAL TERMS AND CONDITIONS, AT THE WEB SITE WITHOUT NOTICE. FURTHER, Ortho Kinetics ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE. Ortho Kinetics SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS SITE.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
Ortho Kinetics makes no representation that the Web site or its contents are appropriate for use in every country of the world. Your use of this Web site is at your own risk and you are responsible for compliance with applicable local laws, keeping in mind that access to the Web site may not be legal by certain persons or in certain jurisdictions.
Some states or nations may not allow the disclaimer of certain warranties, so the above limitations may not apply to you in all cases.
LIMITATION OF LIABILITY
Use of the Ortho Kinetics Web site or any software application installed by you in connection with the use of this Web site, is at your sole risk. While Ortho Kinetics makes reasonable efforts to ensure the safety and functionality of our Web site and any software applications associated with its Web site, these efforts may fail and errors may occur. IN NO EVENT SHALL ORTHO KINETICS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS SITE OR ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE CONTENT PROVIDED AT THIS WEB SITE ON ANY WEB SITE RELATED TO ANY THIRD PARTY), OR ANY SOFTWARE APPLICATION INSTALLED IN CONNECTION WITH THE USE OF THIS WEB SITE OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THIS WEB SITE (OR ANY OTHER WEB SITE), ON ANY THEORY OF LIABILITY. ORTHO KINETICS WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS SITE. THESE WAIVERS APPLY EVEN IF ORTHO KINETICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ORTHO KINETIC'S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO ORTHO KINETICS FOR ACCESSING THIS WEB SITE OR INSTALLING ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE. OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE LEGAL TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE. Some states do not allow the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.
INDEMNIFICATION BY USER
You agree to defend, indemnify, and hold harmless Ortho Kinetics and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys' fees and costs, that arise from your use, misuse of this site or use of any software application associated with the use of this Web site.
Ortho Kinetics shall have the right immediately to terminate this agreement with you and your use of the Web site if it determines in its sole discretion that you have breached any of these Legal Terms and Conditions or otherwise been engaged in conduct which Ortho Kinetics determines in its sole discretion to be unacceptable.
CHOICE OF LAW AND FORUM
These Legal Terms and Conditions shall be governed by and construed in accordance with the laws of the state of California, without regard to such state's rules regarding conflicts of laws. By accessing this Web site, you agree that courts located in the Southern District of California or in the counties within those federal judicial districts shall have exclusive jurisdiction over all claims and actions arising out of or relating to these Legal Terms and Conditions and/or your use of this site, and you further agree and submit to the exercise of personal jurisdiction of such courts and consent to extra-territorial service of process for the purpose of litigating any such claim or action.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the assistance of a mutually agreed-upon mediator in San Diego, California. Any costs and fees other than attorney fees in relation with the mediation will be shared equally by each of us.
If it proves impossible to reach a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in San Diego, California under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
A printed version of these Legal Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Legal Terms and Conditions to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. For purposes of any dispute, Ortho Kinetics's records shall be conclusive in all respects.
INTEGRATION AND SEVERABILITY
These Legal Terms and Conditions constitute the entire agreement between you and Ortho Kinetics with respect to this Web site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Ortho Kinetics with respect to this site. If any part of these Legal Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.