Terms and Conditions

We provide website features to you subject to the following conditions. If you visit, create cases, or order planning services, surgical guides, dental restorations or other related services at myDIRECTguide.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future service or business from us you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business.

PRIVACY

Please review our Privacy Policy, which also governs your visit to myDIRECTguide.com, to understand our practices

COPYRIGHT

All content included on this site, including but not limited to; text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of myDIRECTguide.com or its content suppliers and protected by United States and international copyright laws.

LICENSE AND SITE ACCESS

We grant 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 from us. 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, or similar data gathering and extraction tools. This site or any part of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not use any meta tags or any other text utilizing our name or trademarks without the express written consent from us. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of myDIRECTguide.com so long as the link does not portray us, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any myDIRECTguide logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If 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 any and all activities that occur under your account or password. We do 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 the age of 18, you may use myDIRECTguide.com only with permission and involvement of a parent or legal guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors 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, 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. We reserve 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 us 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 globally in any media format. You grant us 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 us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS AND INFRINGEMENT

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email us at [email protected]

We reserve the right to use and disclose non-personal information and anonymous aggregate statistics for any purpose and to any third party at our sole discretion.

REFUND POLICY

Should you receive a defective Product from us, please contact us within seven (7) days in order to request a replacement or refund.

PRICING

Except 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 actual price in every area on any particular day. In regards to items or services sold by us; we cannot confirm the price of an item until you order. If an item 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 BUSINESSES

We provide 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. We do 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

CONFIDENTIAL INFORMATION

You hereby recognize that any proprietary data, information, documentation, and records shared with you, including but not limited to, implant information, implant library, sleeve sizes, guided protocols, and technology, shall constitute our Confidential Information. Accordingly, you shall not, without the prior express written consent from us, disclose or reveal to any third party or utilize for its own benefit other than pursuant to these Terms, any part of the Confidential Information.

You further agree to take all reasonable precautions to safeguard confidentiality of the Confidential Information and shall assume responsibility that your affiliates, officers, directors, trustees, employees, subcontractors, partners, vendors, advisers, agents and other personnel will similarly keep such Confidential Information secure and in confidence. You and your affiliates, officers, directors, trustees, employees, subcontractors, partners, vendors, advisers, agents and other personnel, shall use at least the same care and discretion to prevent disclosure of Confidential Information as you use with similar confidential information of your own that you do not desire to disclose to third parties, but in no event with less than a reasonable degree of care. The provisions of this clause shall survive termination of these Terms.

HIPAA: YOUR OBLIGATIONS REGARDING PATIENT INFORMATION

When you share confidential patient information with us for the purpose of receiving a Service or Product from us, you understand and agree that we store such confidential patient information on secure servers (hereafter designated as the “Servers”).

State and Federal laws, as well as ethical and licensure requirements of your profession, may impose obligations with respect to patient confidentiality that may limit your ability to make use of certain services or to transmit certain information to third parties. You represent and warrant that you will, at all times during the term of these Terms or term of any Service and thereafter, comply with all laws directly or indirectly applicable to you or your organization that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of patient information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, at all times during the term of these Terms or term of any Service and thereafter, solely responsible for obtaining and maintaining or verifying that you or your organization has obtained and is maintaining all patient consents and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view patient information you transmit and store in connection with the Servers and the associated Software, Products, Services, or Packages.

We will use commercially reasonable efforts to maintain the confidentiality of patient information you transmit and to prevent the disclosure of such information to third parties except in connection with the transmission, storage, retrieval, and disclosure of such information on your behalf and except as may be required or permitted by law.

WE DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, UPLOADED, OR STORED TO THE SERVERS AND SHALL NOT BE HELD LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OR MISUSE OF THIS INFORMATION. FURTHERMORE, YOU AGREE TO INDEMNIFY US FROM ANY CLAIM, ACTION, OR CAUSE, TORT OR OTHERWISE, THAT MAY BE BROUGHT AGAINST YOU OR US IN THE EVENT THAT PATIENT INFORMATION IS COMPROMISED DUE TO YOUR NEGLIGENCE OR MISCONDUCT, INCLUDING FAILURE TO SECURE IDS AND PASSWORDS.

FORCE MAJURE

Any delay or failure by us to perform its obligations under these Terms will be excused if and to the extent that it was caused by an event or occurrence beyond our reasonable control and without its fault or negligence (“Force Majeure”). Force Majeure includes, but is not limited to, acts of God, actions by any government authority (whether valid or invalid), epidemics, pandemics, fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage, acts of terrorism, court injunction, or court order. If we are claiming Force Majeure, we must provide users with written notice of such delay (including the anticipated duration of the delay) within ten days of the occurrence of Force Majeure.

WARRANTY

The Website, Products, and Services are provided on ‘as is’ and ‘as available’ basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not warrant that your use of the Website, Software, or Services will be uninterrupted, timely, secure or error-free.

INDEMNIFICATION

You agree to defend, indemnify and hold us, our employees, contractors, agents, officers and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use of the Website, products, or services, or b) a breach of these Terms by you.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, OR OUR MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OFFICERS, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, PRODUCTS, OR SERVICES, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. WE PROVIDE THE SERVICES FOR CONSULTATION PURPOSES ONLY. ANY SURGERY IS THE RESPONSIBILITY OF THE DENTIST OR SURGEON PERFORMING THE SURGERY AND NOT US.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ANY DAMAGES, ARISING IN CONNECTION WITH THE WEBSITE, PRODUCTS OR SERVICES EXCEED THE FEES PAID FOR YOUR RIGHT TO USE THE WEBSITE, PRODUCTS OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

MOREOVER, WE RESERVE THE RIGHT, AT ANY TIME, TO MODIFY, SUSPEND, OR DISCONTINUE THE PROVISION OF THE WEBSITE, SOFTWARE, PRODUCTS, SERVICES, OR PACKAGES WITH OR WITHOUT NOTICE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF PROVISION OF THE WEBSITE, PRODUCTS, SERVICES, OR PACKAGES OR ANY PARTS THEREOF.