IDCAD 3D INC. Terms & Conditions
Last Modified: November 26th, 2019
For more information or if you have any questions about these regulations, please contact us at firstname.lastname@example.org.
Article A – Generally Applicable Terms
1. Applicability of these Terms and Conditions
IDCAD 3D Inc., a Florida incorporated company, ("IDCAD 3D ") provides professional design services for dental prosthetics using CAD technology, including but not limited to crowns, abutments, surgical guides, clear aligners, orthodontic appliances, dentures, partial frames, copings, frameworks, and other related dental prosthetic devices (collectively, the "Professional Services") and a website (www.idcad3d.com) for use in ordering and communicating about such dental prosthetic designs. The Professional Services and use rights for IDCAD 3D website are ordered and purchased from IDCAD 3D by a customer (the "Customer") for use by that Customer's authorized users (each a "User" and collectively, the "Users"). Users may or may not be employees of the Customer. For example, Users may include employees of the Customer, as well as non-employee dental labs, manufacturers and clinicians who have a relationship with the Customer.
The IDCAD 3D Inc. Terms & Conditions (the "Agreement") is a legally binding contract between IDCAD 3D and you, the prospective user or Customer. If you are a Customer, Articles A, B and C of this Agreement apply to you. If you are not a Customer, but a User, then only Articles A and B of this Agreement apply to you.
This Agreement is between you and IDCAD 3D.
The Professional Services offered by IDCAD 3D on idcad3d.com are intended and available to users who are eighteen (18) years of age or older. By using IDCAD 3D website you represent and warrant that you are of legal age to form a binding contract with IDCAD 3D.
Also, please note that we may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the IDCAD 3D website thereafter. Your continued use of IDCAD 3D website following the posting of changes means that you accept and agree to the changes. It is your responsibility to check this Agreement periodically for changes, as these changes are binding on you.
The material provided through IDCAD 3D website is protected by law, including, but not limited to, United States copyright law and international treaties. IDCAD 3D website is controlled and operated by IDCAD 3D from its offices within the United States. IDCAD 3D makes no representation that materials in IDCAD 3D website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access IDCAD 3D website from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
By using IDCAD 3D website, you understand and acknowledge that IDCAD 3D is not providing medical care, dental care, or treatment-related advice by any mean, we are merely a professional design service provider.
3. Governing Law and Dispute Resolution
This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Florida (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Coral Springs, Florida and the parties irrevocably waive any objection to such venue.
4. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IDCAD 3D SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF IDCAD 3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROFESSIONAL SERVICES OR IDCAD 3D WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICE RESULTING FROM ANY DATA, INFORMATION, OR SERVICE ORDERED OR OBTAINED THROUGH OR FROM THE IDCAD 3D WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE IDCAD 3D WEBSITE; OR (v) ANY OTHER MATTER RELATING TO IDCAD 3D WEBSITE AND SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ALSO AGREE THAT IDCAD 3D WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO YOUR ACCOUNT ON IDCAD 3D WEBSITE, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND ANY EVENTS BEYOND IDCAD 3D ’S REASONABLE CONTROL.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IDCAD 3D 'S MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR UNDER ANY OTHER FORM OF LIABILITY) FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID TO IDCAD 3D BY YOU IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING EVENTS FIRST GIVING RISE TO THE CLAIM.
In the event that any provision of this Agreement is unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not affect the other provisions of this Agreement and this Agreement shall be construed as if such unenforceable or invalid provision had never been contained herein.
IDCAD 3D shall provide all notices to Users under this Agreement by email, or your then-current postal address on file with IDCAD 3D. For purposes of messages and notices about the IDCAD 3D services applicable to all Users, IDCAD 3D may place a banner notice across IDCAD 3D website to alert you. You also agree that IDCAD 3D may communicate with you through other means including email, mobile number, telephone, or delivery services including the postal service, about your account or services. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the IDCAD 3D website and/or services.
7. Entire Agreement.
You agree that this Agreement, including the documents incorporated herein by reference, constitutes the entire, complete and exclusive agreement between you and us regarding IDCAD 3D website and services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. Except as set forth otherwise in this Agreement, this Agreement cannot be modified or amended except in a writing executed by both parties that specifically references this Agreement and states that it is to amend the Agreement.
8. No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. No representations, statements, consents, waivers or other acts or omissions by IDCAD 3D shall be deemed legally binding on IDCAD 3D, unless documented in a physical hand written signed by a duly appointed officer of IDCAD 3D.
Article B – Terms for Use of the IDCAD 3D website.
9. Customer Users and Non-Customer Users.
The terms set forth in this Article B apply to all Users of the IDCAD 3D website, whether such User is a Customer of IDCAD 3D or not. Each User agrees to the terms in this Article B. In addition, each Customer is responsible for ensuring that all of such Customer's authorized Users comply with the terms of this Article B when using the IDCAD 3D website.
When a User, such as you, submits any content or personal information to IDCAD 3D website ("Customer Data"), you acknowledge and agree that the Customer Data is owned by the Customer and the Customer has choices and control over that Customer Data. These choices and controls may result in the access, use, disclosure, modification or deletion of Customer Data submitted by you.
AS BETWEEN IDCAD 3D AND CUSTOMER, YOU AGREE THAT CUSTOMER IS SOLELY RESPONSIBLE TO (A) INFORM USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY IDCAD 3D WEBSITE SETTINGS THAT MAY IMPACT ON THE HANDLING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS, OR CONSENTS FROM USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA, AND (C) RESPOND TO AND RESOLVE ANY DISPUTE WITH A USER RELATED TO OR BASED ON CUSTOMER DATA, IDCAD 3D WEBSITE OR CUSTOMER'S FAILURE TO FULFILL THESE OBLIGATIONS.
10. Ownership and Proprietary Information
Other than Customer Data, the content and information on IDCAD 3D website (“IDCAD 3D Content”) is proprietary to IDCAD 3D. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any IDCAD 3D Content obtained from or through IDCAD 3D.
Subject to your compliance with this Agreement, as applicable, IDCAD 3D grants you a non-exclusive, non-transferable, non-sublicensable access to make personal and non-commercial use of the IDCAD 3D Content. This license does not include any resale or commercial use of any IDCAD 3D Content; any collection and use of any service listings, descriptions, or prices; any derivative use of any IDCAD 3D Content; any copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by IDCAD 3D.
11. Registration, Accounts, and Passwords
If you establish a personal account with us, you agree to provide true and accurate data about yourself on our account registration form, and to update and keep such data current. You will receive a password and account upon completing the registration process. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. IDCAD 3D cannot and will not be liable for any loss or damage arising from your failure to comply with these terms. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account each time you use the IDCAD 3D website. Access and use of password-protected and/or secure areas of the IDCAD 3D website is restricted to users who have generated a valid password on IDCAD 3D website. We may terminate your User Account on our website if we learn that you have provided us with false or misleading registration data.
12. Mobile Terms
If you are receiving special offers from IDCAD 3D via email, SMS text message, or otherwise, you can unsubscribe via the links provided in the email at any time or by contacting us at email@example.com or text instructions regarding opting out.
By opting to receive special offers from us, you consent to receiving, from time to time, text messages or emails which may include alerts, promotions, offers and surveys. Message frequency varies based on user and other factors. Message and data rates may apply and, if so, are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with this SMS service may include your mobile 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 and for other business purposes.
Initially we do not charge you for any service you order on our website. Once you submit the order on IDCAD 3D website and in addition submit us your case with attached instructions to our Dropbox account, under “scanned” folder, we will design and submit the case back to Dropbox “Designed” folder. We will then generate an invoice and send it to your email address that you have provided. The link in the invoice will lead you to make a payment using our payment provider, PayPal. Accrued charges for Professional Services shall be paid weekly or monthly basis depending on the case and the frequency of the customer to make orders with IDCAD 3D.
14. Use Restrictions and Intellectual Property
The IDCAD 3D Content may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of IDCAD 3D. 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 IDCAD 3D without express written consent. You may not use any meta tags or any other “hidden text” utilizing IDCAD 3D ’s name or trademarks without the express written consent of IDCAD 3D. You may not misuse IDCAD 3D Content. You may use IDCAD 3D Content only as permitted by law. The licenses granted herein terminate if you do not comply with this Agreement.
15. U.S. Government Restricted Rights
The content on IDCAD 3D is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of IDCAD 3D’s proprietary rights in them.
Information on IDCAD 3D website may be changed or updated without notice. IDCAD 3D may also make improvements and/or changes in the services described in this information at any time without notice.
Article C – Terms for Use of IDCAD 3D Professional Services
Customer is responsible for providing IDCAD 3D with all information, including digital scans and or impressions or models and design instructions, as is necessary for IDCAD 3D to complete all Professional Services, including the design of such dental prosthetics. IDCAD 3D is not responsible for the accuracy or inaccuracy of any information received from Customer and its Users and transmitted to the laboratory, manufacturer or clinician. All dental prosthetics and any other Professional Services shall be completed from the information that Customer and its Users provide and Customer shall be solely responsible for the final quality control of both the design and manufactured dental prosthetics upon completion.
The pricing of IDCAD 3D Professional Services is established under the ‘HOME’ and ‘PRINCING’ tabs on IDCAD 3D website and is subject to change from time-to-time in IDCAD 3D 's discretion. All pricing for Professional Services provided by IDCAD 3D is subject to federal, state or local taxes as maybe applicable.
19. Customer Responsibility for Finished Designs, Images and Products; Disclaimer of Warranties as to Professional Services
Customer is fully responsible for all Customer Data provided to IDCAD 3D, as well as for all finished designs, images or other information provided which IDCAD 3D will provide to the Customer and/or laboratory(ies), manufacturers or clinicians of the dental products. For the avoidance of any doubt, (a) if Customer is a prescribing clinician, Customer is responsible for viewing and approving the resulting designs from IDCAD 3D's Professional Services and (b) if Customer is not the prescribing clinician, Customer is responsible for ensuring that the resulting designs from IDCAD 3D's Professional Services meets the requirements of its clinician customer. IDCAD 3D makes no warranties or representations to Customer, its Users or any third party(ies) regarding the accuracy of any information provided to IDCAD 3D and the resulting designs produced by IDCAD 3D as part of its Professional Services, nor does IDCAD 3D make any warranties or representation as to the dental products produced therefrom. IDCAD 3D uses Dropbox to transmit and deliver the finished designs to the integrated manufacturers, laboratories, and clinicians as a file transfer system. All files that are shared with IDCAD 3D Dropbox account will be sent back to Dropbox “Designed” folder upon completion of the design and the Customer is solely and fully responsible and liable for the final product(s) produced therefrom.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IDCAD 3D MAKES NO WARRANTY OF ANY KIND AS TO THE PROFESSIONAL SERVICES OR ANY DESIGNS RESULTING THEREFROM, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IDCAD 3D does NOT agree to indemnify, defend or to hold Customer harmless against or from any claims, causes of action and/or damages to any third party(ies) resulting from or arising out of the use of IDCAD 3D’s Professional Services, IDCAD 3D website or from any defect in any dental product manufactured or produced by any laboratory, manufacturer or clinician. Customer agrees to fully indemnify, defend and hold IDCAD 3D harmless from any and all claims, causes of actions or damages arising out of or otherwise resulting from any defect in any crowns, abutments, surgical guides, clear aligners, orthodontic appliances, dentures, partial frames, copings, frameworks, and other related dental prosthetic devices produced or manufactured using IDCAD 3D’s Professional Services, including but not limited to any claims of bodily injury, property damage or other form of injury resulting from said defect whether made by Customer's patients or otherwise.