We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be prominently posted on the Site or otherwise communicated to you. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms.
- Jurisdiction. By using this Site, you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed. We make no — and you acknowledge that we make no — representation that materials on this Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Site, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other item provided.
- Permitted Use. Provided you comply with these Terms, you may access and use the Site solely for your own personal purposes and, in any event, in accordance with all related documentation or restrictions posted on the Site or otherwise provided by NDX. Any Site content that is configured for downloading (such as educational materials or reference materials) may be downloaded and used by you solely for your own personal use in connection with your permitted use of the Site, provided that you do not: modify the content; sell or otherwise commercialize the content in any manner; nor remove, alter, or modify any copyright, trademark, trade name, service mark, or other proprietary notices in or on the content. For the avoidance of doubt, all such materials are included within the meaning of the “Site.”
- Job Applicants. If you submit a resume, job application, or related materials or other information to us (where that option is made available to you), we may use that information to evaluate your qualifications and consider or respond to your inquiry or application. Your submission of a resume, job application, or related information does not in any way require NDX to review that information or consider you for employment. To view career opportunities at NDX (where that option is made available to you) or to submit a job application you may be redirected to an online career portal operated by a third party. We encourage you to review any terms and privacy policies posted on that portal.
- Intellectual Property Rights. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content are exclusively the property of NDX or, as applicable, its suppliers and licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights belonging to NDX or any third party is prohibited and may be prosecuted to the fullest extent of the law.
No licenses or other rights, express or implied, are granted by NDX to you under any patent, copyright, trademark, trade secret, or other intellectual property right of NDX and all such rights are reserved and retained by NDX.
Copyright © 2023 National Dentex LLC. All rights reserved.
- Your Warranties. You represent and warrant that:
- You have the authority to enter into these Terms;
- You are under no contractual obligation that will interfere with your ability to perform under these Terms;
- You will not access or use the Site in any manner not permitted by these Terms;
- You will perform your obligations and exercise your rights under these Terms in compliance with all applicable laws and regulations (including any applicable rules regarding online conduct); and
- All information you provide in connection with your access to or use of the Site is true, accurate, and complete to the best of your knowledge and belief.
- Use Restrictions. You will NOT, nor will you permit any person to:
- Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, distribute, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, discover the source code of, combine with other computer code or materials, translate, adapt, update, or modify the Site or any of its content;
- Download any Site content except as expressly permitted above in these Terms;
- Obscure, delete, remove, alter, or modify any copyright, trademark, or other proprietary markings, designations, or notices in or on the Site;
- Access or use the Site for unlawful purposes, or use the Site in a manner other than as expressly permitted by these Terms;
- Provide inaccurate, incomplete, or out-of-date information via the Site; Create a false identify, hide your true identity, or impersonate or attempt to impersonate any person, business, or Site user other than yourself;
- Commit fraud or falsify information in connection with your use of the Site;
- Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose;
- Access or use the Site to develop, create, produce, enhance, or add to any database;
- Access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms;
- Use the Site, including any of their content, in any way that infringes on or violates the rights of any other person or entity;
- Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Site;
- Submit or provide through or using the Site any information or content that is defamatory, libelous, indecent, pornographic, obscene, otherwise objectionable or harmful, or that violates the rights of third parties;
- Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks;
- Engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult;
- Access, use, or analyze the Site for any purpose that is to NDX’s detriment or commercial disadvantage; nor
- Act maliciously against the business interests or reputation of NDX or any Site user.
Additionally, you agree that while using the Site, you will comply with all applicable laws, rules, and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander, or defamation). You shall not interfere with or disrupt the Site, our servers or our networks, or take any action that imposes unreasonably or disproportionately large load on our infrastructure.
- Suspension and Termination of Access. NDX may, for any reason and in its sole discretion, suspend, deactivate, or terminate your use of the Site, and may terminate these Terms, without notice or liability, including if you breach these Terms or any related agreement with NDX, if you act in an abusive manner, or if you act in a manner inconsistent with applicable laws or regulations.
- Career Opportunities. The Site may allow you to submit job applications for posted career opportunities. You will not provide any resume or other job application materials for any person other than yourself. You represent and warrant that all information contained in any job application you provide is current, accurate, and complete. Your submission of a job application does not in any way require NDX to review that application or consider you for employment. Career opportunities on the Site are subject to change at any time, at our sole discretion and without notice.
- Product Descriptions. NDX strives to provide accurate information on NDX products mentioned on the Site. However, NDX does not represent or warrant that product descriptions, technical specifications, or other information are accurate, complete, reliable, or error-free. In the event that there is any conflict between the content of the Site and information provided in any NDX purchase order, order confirmation, or contract, the NDX purchase order, order confirmation, or contract will control.
- Site Availability; Changes to the Site. Any features, materials, products, or services made available through the Site are subject to availability. NDX may change the Site, including features, materials, products, and services made available through the Site, at any time without notice or liability. Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated. NDX shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Site o the services which make this Site available or electronic communications sent by NDX will be available and free from viruses or any other harmful elements. Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND AND NDX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.
NDX DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE, NOR DOES NDX WARRANT OR GUARANTEE THAT ANY DATA, INFORMATION, OR MATERIAL ON THE SITE IS ACCURATE OR RELIABLE. NDX DOES NOT WARRANT OR GUARANTEE THAT AVAILABILITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. NDX IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON OR RELATED TO THE SITE. NDX HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.
NDX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL, OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THIS SITE OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THIS SITE.
WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES OR CANADA. IF YOU CHOOSE TO ACCESS OR USE THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES OR CANADA, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM NDX OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NDX, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, LICENSORS, SUCCESSORS, OR ASSIGNS (TOGETHER, THE “NDX PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF AN NDX PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE NDX PARTIES’ LIABILITY TO YOU EXCEED U.S.D. $10, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Indemnification. You will indemnify, defend, and hold harmless the NDX Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with (a) your access to or use of the Site, (b) your misuse of or reliance on any content, material, data, or information viewed or otherwise accessed or obtained from or using the Site, (c) your submission of information through or using the Site, (d) your violation of or noncompliance with applicable laws or regulations, (e) your breach of these Terms or any related agreement with NDX, or (f) your negligence, willful misconduct, or fraud. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
- Linking to the Site. If you operate a website and are interested in linking to the Site: (a) you must notify us prior to linking to the Site; (b) the link must be a text-only link unless you request a graphic badge from NDX, in which case you may use any graphic badge provided by NDX to link to the Site, and, in any case, the link must be clearly marked; (c) the link and its use must be in connection with a website of appropriate subject matter; (d) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with NDX’s names or trademarks; (e) the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by any NDX Party; and (f) the link, when activated by a user, must display the Site full-screen and not within a frame or mirror. NDX reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.
- Feedback. NDX welcomes comments regarding the Site. If you submit comments or feedback regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
- Governing Law; Dispute Resolution. These Terms are governed by the laws of the state of Florida, without regard to its conflict of law principles, and, as applicable, the federal laws of the United States. Venue is exclusively in the state or federal courts, as applicable, located in Palm Beach County, Florida, with respect to any dispute arising under these Terms unless otherwise determined by NDX in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys’ fees. You will not bring any action or other claim with respect to the Site or these Terms more than one (1) year after the claim arises.
- Relationship of the Parties. NDX is an independent contractor. These Terms do not create any agency, partnership, joint venture relationship, other form of joint enterprise, employment, or fiduciary relationship between the parties, their affiliates, or their respective employees, contractors, or agents. Neither party has any authority to contract for or bind the other party in any manner or make any representation or commitment on behalf of the other party.
- Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You will not assign, and are prohibited from assigning, these Terms without our prior written consent. Any attempted assignment by you without our prior written consent will be void. Subject to the foregoing, these Terms are binding upon and inure to the benefit of the parties’ respective successors and assigns.
- Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and NDX may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of these Terms and all notices, consents, and other communications for your reference.
- Contact Us. If you have any questions and concerns regarding these Terms or the Site, please contact us through our Contact Us page.