Terms & Conditions

Updated: November 15, 2015

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ENTERING THE SITE. EACH TIME YOU ENTER THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE IN THEIR THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THESE TERMS OF USE, PLEASE EXIT THE SITE.

 

Welcome to Dental Evolutions’ website and store. These Terms of Use are a binding agreement between you and Dental Evolutions, and governs your access and use of the Site, which includes any information, data, tools, products, services and other content (together, "Content") available on or through the Site. If you shop or visit the website at www.denvolution.com (“Site”), you accept these terms and conditions (“Terms”) and any other terms which are incorporated herein by reference; if you do not agree, please do not use this Site. 

 

Dental Evolutions may update the Terms at any time without notice to you. The most current version of the Terms can be reviewed by clicking on the "Terms & Conditions" hypertext link located at the bottom of this Site.

 

 

Definitions

 

The definitions below constitute an integral part of these Terms.

  1. Dental Evolutions" or “We” means Dental Evolutions Inc. as identified on your invoice or order confirmation;

  2. "You” means a person or company using this Site and/or purchasing Products from Dental Evolutions;

  3. Account” means your registered customer account required to purchase Products, to view your orders and invoices, to order courses online or other features as described hereinafter;

  4. Product(s)" means the products described in the invoice and/or order confirmation sent by Dental Evolutions and, when not explicitly excluded, “Product(s)" also include general service and support carried out by Dental Evolutions as well as any computer programs licensed to You by Dental Evolutions;

  5. Site” means the website at www.denvolution.com;

  6. Terms” means these terms and conditions including any other terms which are incorporated by reference.

 

 

Medical Advice Disclaimer

 

NO INFORMATION IN THIS SITE IS PROVIDED WITH THE INTENTION TO GIVE MEDICAL ADVICE OR INSTRUCTIONS ON THE ACCURATE USE OF DENTAL EVOLUTIONS PRODUCTS. DENTAL EVOLUTIONS CANNOT ANSWER UNSOLICITED E-MAILS REQUESTING PERSONAL MEDICAL ADVICE.

VISITORS SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL PRIOR TO MAKING ANY DECISIONS, OR UNDERTAKING ANY ACTIONS OR NOT UNDERTAKING ANY ACTIONS RELATED TO ANY HEALTH CARE PROBLEM OR ISSUE YOU MIGHT HAVE AT ANY TIME, NOW OR IN THE FUTURE.

 

 

Use of this Site

 

Other than allowing You to purchase Products and to manage your Customer Account through the Devolution portal, the Site is provided to You for informational purposes. By accessing the Site, You agree that You will not use this Site for any purpose that is unlawful or prohibited by these Terms. You shall not use the Site in any manner that could damage, disable, overburden, or impair any server or network of Dental Evolutions or affiliated companies. You shall not gain or try to gain unauthorized access to any area on the Site which is protected by password, or any other computer systems or networks connected to any server of Dental Evolutions through hacking or any other means.

 

All information provided by Dental Evolutions on this Site is made available to provide immediate access for the convenience of interested persons. Dental Evolutions aims to include accurate and up to date information, but makes no representations or warranties, express or implied, as to the accuracy or completeness of the information provided on this Site and disclaims any liability for the use of this Site and any site linked to it. The information and materials provided on this Site are intended to be general and do not constitute advice in any specific patient case. For specific advice on treatment You should contact Your Treatment Provider. Dental Evolutions may change this Site at any time without notice but does not assume any responsibility to update it. Access and use of this Site and any website linked to from this Site and the content thereof is at the risk of users. Neither Dental Evolutions nor any other party involved in creating, producing or delivering the Site or on any website linked to from this Site shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect or punitive damages arising out of access, use or inability to use this Site or any website linked to from this Site, or any errors or omissions in the content thereof.

 

No offer and no solicitation: The information provided on this Site does not constitute an offer of or solicitation for the purchase or disposal of, trading or any transaction in any Dental Evolutions securities. (Investors must not rely on this information for investment decisions.)

 

Forward-looking information: This Site may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic or financial factors, and therefore actual results may differ significantly from those pretended.

 Product images on this Site are not necessarily to scale. All Dental Evolutions products are intended for purchase only by a licensed dentist.

  

Information on Treatment Providers: Neither Dental Evolutions nor any affiliated company which manufactures or distributes any Dental Evolutions components or other products makes any representation, guarantee, covenant, or other undertaking, express or implied, with respect to the qualifications of or standard of care exercised by the Treatment Providers listed on or referred to by this Site. Dental Evolutions shall not be responsible for any errors or omissions, or for the use or results obtained from the use of this information. The Treatment Providers listed herein or referred by this Site are customers of Dental Evolutions. Nothing herein should be construed to imply that Dental Evolutions and any individual Treatment Provider have entered into any partnership, joint venture or agency with the other party. Dental Evolutions is not a licensing or governing body for dental professionals; please refer to the appropriate governmental dental licensing authority for license or status verification. Dental Evolutions makes no representations regarding any individual Treatment Provider’s licensing status.

 

 

Your Dental Evolutions Customer Account

 

In order to purchase Products or access certain functions from this Site, You will be required to create an account by registering Your name, providing certain information about yourself, and creating a password (the “Account”). You agree that You will provide complete, current and accurate information about yourself as requested, and that You will keep that information up to date. You are responsible for safeguarding the confidentiality of Your username and password which are used to access Your Account on the Site. You agree not to disclose Your username or password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under Your Account, whether or not you have authorized such activities or actions. You will immediately notify Dental Evolutions of any unauthorized use of Your Account.

 

Invoices and orders: through Your Devolution portal, You will be able to access Your current and past orders as well as Your invoices. If You notice a discrepancy between an invoice on the portal and an invoice You have received, please contact customer service at cs@devolution.com

 

 

Electronic Communication

 

When You visit this Site or send e-mails to Dental Evolutions, You are communicating with Dental Evolutions electronically. You consent to receive communications from us electronically. We will at times communicate with You by e-mail. 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. You understand that You, and not Dental Evolutions, are responsible for all electronic communications and content sent from Your computer to us.

 

 

Making Purchases

 

If You wish to purchase any Products through our Site, We will ask You to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy below. All information that You provide to us or our third party payment processor must be accurate, current and complete. You represent and warrant that You have the legal right to use any credit card(s) or other payment means used to initiate any transaction. You agree to pay all charges incurred by You or any users of Your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to Your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

 

When You place an order to purchase a Product, We will send You an e-mail confirming receipt of Your order and containing the details of Your order, which does not constitute an acceptance of Your order. Your order represents an offer to us to purchase a Product which is accepted by Dental Evolutions when We either send an e-mail confirmation of Your order or ship the ordered Products to You. Any Products on the same order which We have not confirmed by e-mail or shipment do not form part of the contract between You and Dental Evolutions.

 

By placing an order, You represent that the Products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product; to honor, or impose conditions on the honoring of, any promotion; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any Product.

 

Descriptions, images, references, features, content, specifications, Products, price and availability of any Products or services are subject to change without notice, and our current prices can be found on our Site and/or through our current price list. Additionally, all images are not to scale. We make reasonable efforts to accurately display the attributes of our Products; however, the image that You see will depend on Your computer system and We cannot guarantee that your computer will accurately display the Product. Dental Evolutions does not assume any liability for the accuracy or correctness of any description, image, reference, feature, content, or specification made on the Site.

 

Some Products shown or described on this Site may not be available or not be regulatory cleared, released or licensed for sale in all markets.

 

Dental Evolutions continually strives to improve its Products; therefore, Dental Evolutions reserves the right to improve, modify, or discontinue Products at any time or to change specification and prices without notice and without incurring obligations.

 

 

Payment Terms and Billing

 

Initial purchase is to be paid by credit card. Future payments may be made using Master Card, Visa or American Express or billed as Net 30 days. Our standard terms of payment are by credit card or billed as Net 30 days.

 

 

Shipping and Shipping Charges

 

All orders placed before 12:00 p.m. Pacific Standard Time will be shipped the same day, pending product availability, and excluding customized Products.

 

Shipments are made either freight collect or paid by Dental Evolutions and added to the invoice. Unless special instructions are received with Your order, the shipping method will be at Dental Evolutions’ option.  Delivery will be deemed complete and legal title and all risk of loss or damage to the Products will pass to buyer, upon delivery to the carrier.

 

All efforts will be made to provide the Product ordered in the time frame requested, however, any delivery date provided to You is to serve only as an estimation and is not a guarantee.

 

 

Order confirmation

 

When an order is placed to purchase a product, the order represents an offer to Dental Evolutions to purchase a product. The order is accepted by Dental Evolutions when either a written confirmation of the order (e.g. by email or fax) is sent to customer, or product is transferred to carrier for delivery to customer without written confirmation. Any products on the same order, which have not been confirmed in writing or by shipment to customer, do not form part of the contract between customer and Dental Evolutions.

 

When You receive the Products, You must inspect the shipment for any defects or non-conformity. Any discrepancies should be reported to Dental Evolutions’ customer service and support within 48 hours of receipt of shipment.

 

 

Returns and Exchanges

 

Dental Evolutions offers You the opportunity to return defective Products purchased from Dental Evolutions to the terms and conditions set out in this Return Policy (including expired Products):

 

  • You may return defective Products purchased from Dental Evolutions within sixty (60) days from the invoice date of the respective Products.

 

  • All Returns and Refunds are subject to a 10% restocking fee. Request for refunds must be in writing or phone call, within (60) days from purchase date. Refunds will be processed back to your credit card on file, once we receive returned items and items are inspected.

 

  • You may only return Products that are still in their intact original packaging. In particular, the original packaging and the Products may not be damaged, marked, or otherwise altered.

 

  • No Product tied to a promotion may be returned for credit.

 

  • Dental Evolutions may modify or terminate this Return Policy at any time in whole or in part. Changes to or the termination of the Return Policy will not affect the return rights granted under this Return Policy for Products purchased prior to the date of the change or termination.

 

  • Products purchased in a kit or set cannot be returned and/or exchanged as individual components.

  • Products may be exchanged for up to (1) year after the purchase date.

 

To process a return or an exchange, please contact Dental Evolutions customer service in order to receive a return authorization number (RE#) and instructions on how to return the Product. Product must be sent back to Dental Evolutions via a traceable method and with the necessary RE#. Returns or exchanges will not be accepted without the necessary RE#.

 

This Return Policy sets forth the entire understanding regarding the return and exchange of Products and supersedes all prior agreements and discussions relating to the return and exchange of Products.


Some restrictions may apply to these terms, so contact customer service prior to returning your products.

 

 

Repairs

 

Should any instrumentation require repair, please contact Dental Evolutions customer service for conditions, information, and instructions on how to proceed regarding Dental Evolutions’ repair services.

 

 

Liability – Use of Product

 

You assume all risks and liability resulting from the use of Products whether used separately or in combination with other products not manufactured by Dental Evolutions. In no event shall Dental Evolutions be liable for indirect or consequential damages.

 

Although the information and recommendations at this Site are presented in good faith and believed to be correct, Dental Evolutions makes no representations or warranties as to the completeness or accuracy of the information. Information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will Dental Evolutions be responsible for damages of any nature whatsoever resulting from the use of or reliance upon information from this Site or the Products to which the information refers. Dental Evolutions strongly recommends completion of formal post graduate implant education and strict adherence to the procedures described in Dental Evolutions’ implant instructions manuals and instructions for use. Neither the Products nor any information made available by Dental Evolutions are intended to replace the services of a trained health professional or to be a substitute for medical advice of Treatment Providers.

 

Dental Evolutions does not warrant the accuracy or timeliness of the materials on this Site and has no liability for any errors or omissions in the materials.

 

 

Course Cancellation Policy

 

Dental Evolutions Courses: if You wish to cancel your place on a Dental Evolutions course booked through the Devolution portal, please note that the course fee will be returned in full in case of cancellation 14 days before the course starts.  No fee will be reimbursed if You cancel 14 days or less prior to the start of the course, or if You do not attend the course (no show).  Dental Evolutions reserves the right to cancel a course at any time by giving you at least 10 days prior notice. In such case, You will receive a full refund of the course fee. Dental Evolutions shall however not be responsible, and will not reimburse You, for any expense that You may have already incurred in relation to the course (such as, e.g. travel arrangements).

 

Third Party Courses: Courses available through the Devolution portal and indicated as Third Party Courses are provided by external providers independent of Dental Evolutions. Dental Evolutions therefore assumes no liability and makes no representations in connection with such third party courses, such as the accuracy or completeness of information provided through the Denvolution portal about these Third Party Courses.

 

 

Intellectual Property Rights

 

All intellectual property rights on this Site and Products are and shall remain the exclusive property of Dental Evolutions or its licensors, as applicable. All texts, graphics, interfaces, photographs, trademarks, logos, sounds, music, videos, artwork and computer code contained on this Site is owned, controlled or licensed by or to Dental Evolutions, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

 

a) Copyright
This Site and the information contained and referenced therein are copyright protected. Any copy, reproduction, republication, upload, translation, retransmission or other use is strictly prohibited.


b) Trademark guidelines
The name Dental Evolutions is synonymous with highest-quality restorative and esthetic dental products and services. Dental Evolutions’ trademarks represent the standards of excellence and consistent quality associated with Dental Evolutions. Dental Evolutions does not waive any right to a trademark, service mark or other intellectual property and nothing herein shall be construed to the contrary.

 

Proper use of Dental Evolutions’ trademarks and service marks is important. You may use Dental Evolutions’ trademarks, service marks or product names to refer to Dental Evolutions products and services provided You follow these guidelines. Your use must not mislead consumers as to any Dental Evolutions sponsorship, affiliation, or endorsement of your company, or of Your products or services. Your use shall not discredit Dental Evolutions or any affiliated company.

 

The common way to set trademarks apart from other words or nouns is to capitalize the product name and use the appropriate trademark symbol and appropriate descriptor. Examples:

 

  • Correct: "Implanova® is a complete treatment concept for all indications."

 

  • Incorrect: "Implanova is a complete treatment concept for all indications."

 

When using Dental Evolutions’ trademarks, service marks or product names, include an attribution of Dental Evolutions ownership of the trademark(s) in the credit notice section of your documentation or advertisement.

 

 c) Patents

Products may be covered by one or more of the patents. The Patent Marking Document constitutes an integral part of these Terms. Additionally, Products may be protected by patents that cover the use of a certain Product in combination with one or more other Products. Purchase of a genuine Dental Evolutions product includes a license to combine that product with other genuine Dental Evolutions products as part of a patented combination. Such license does not extend to combinations with non-Dental Evolutions products. No other manufacturer is authorized to grant such a license.

 

Unless expressly authorized by Dental Evolutions, purchasers of genuine patented Dental Evolutions products are prohibited from re-selling these Products other than to patients (or as permitted by compulsory law), and are also prohibited from exporting genuine Dental Evolutions products.

 

 

Termination

 

Either You or Dental Evolutions may terminate Your access to the Site and to Your Account at any time, with or without cause, and with or without prior notice. Upon termination for any reason, Your right to access or use the Site will immediately cease. Upon termination, You will have no further access to any information, files or materials related to Your Account. Dental Evolutions shall have no liability whatsoever to You or any third party as a result of a termination of Your rights of access to Your Account.

 

 

Privacy Statement

 

Dental Evolutions’ Privacy Statement is a part of these Terms of Use. Use of this Site indicates your consent to the collection and use of this information as set forth in the Privacy Statement. 

 

 

User Responsibility

 

Each person assumes full responsibility and all risks arising from use of the Site.

 


IN NO EVENT SHALL ANY OF DENTAL EVOLUTIONS, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE, OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE SITE, REGARDLESS OF WHETHER DENTAL EVOLUTIONS OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. This includes damages to, or for viruses that may infect your computer equipment. 

 

IF YOU RELY ON THIS SITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. 

 

Without limiting the foregoing, everything on the Site is provided to you AS IS AND DENTAL EVOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE SITE. 

 

DENTAL EVOLUTIONS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

 

DENTAL EVOLUTIONS MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE SITE WILL BE TIMELY OR ERROR FREE.

 

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. To the extent that Dental Evolutions may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Dental Evolutions’ liability will be equal to the minimum permitted under such applicable law.

 

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DENTAL EVOLUTIONS, ITS AFFILIATES, AGENTS, VENDORS AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, OWNERS AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR YOUR USE OF THIS SITE, TO THE FULLEST EXTENT ALLOW BY LAW.

 

You further agree that any claim related to this Site must be filed within one year after it arises.

 

 

Links to other Web sites

 

You are free to establish a hypertext link to this Site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Dental Evolutions. Without the prior written permission of Dental Evolutions, you may not frame or scrape any of the content on the site nor incorporate into another website or other service any intellectual property of Dental Evolutions.

 

Links To Dental Evolutions’ Website. Dental Evolutions encourages other websites to link to this Site, provided that these links comply with the guidelines set forth herein. Links to this Site from other sites should be text-only and may not include Dental Evolutions’ logo or other intellectual property. We strictly prohibit any suggestions of Dental Evolutions endorsement or recommendation of a specific company, product, or service.

 

Links From Dental Evolutions’ Website. This Site may include links to other sites. These links are provided solely for purposes of convenience. Dental Evolutions is not responsible for the content or accuracy of information contained on other sites or other sites’ privacy practices. Dental Evolutions is not liable for any damages or injury arising from content contained on other sites. Links to third-party sites are not a referral or endorsement of any other entity, item, or service. You release Dental Evolutions and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied information, products and services.

 

 

Jurisdiction

 

These Terms, as well as any claim that might arise under these Terms, will be governed by the laws of the state of California. Use of this Site implies and is subject to the consent to the laws of the United States and exclusively in the jurisdiction of the courts in the state of California, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the California courts for the purpose of litigating all such claims.

 

This policy is effective as of November 15, 2015