Terms and Conditions

clubCEREC.com User Terms of Use

Last Revised: June 24, 2011

Introduction

The mission of clubCEREC.com is to provide CEREC club members with access to additional educational resources along with a mentoring connection to their colleagues who have invested in the technology. We work to fulfill this mission by enabling you and other users to meet, exchange ideas, learn, find opportunities and make decisions about CEREC® CAD/CAM systems in a network of trusted professional relationships and groups.

Acceptance of Terms

Patterson Dental Supply, Inc., a wholly-owned subsidiary of Patterson Companies, Inc. (hereafter, "we", "us", "our"), provides clubCEREC and clubCEREC.com, to qualified users of CEREC® CAD/CAM systems as a value-added resource to dental practitioners and related professionals (hereafter, the "Service"). The Service provides a collection of online resources, including forums and messaging services, subject to the following Terms of Use (hereafter, "Terms"). By using the Service in any way, you (also hereafter, "your", "yourself") agree to comply with these Terms. Should you object to any term or condition of our Terms or any subsequent modifications thereto, your only recourse is to refrain from using the Service. We reserve the right to enforce our Terms as necessary to ensure the safe, lawful and efficient operation of the Service. Any use of the Service contrary to our mission and purpose is strictly prohibited and a violation of these Terms. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights and all other rights and interests. The license we are granting you to use the Service under these Terms is limited, revocable, nonexclusive, personal and cannot be assigned.

Responsibility for Content

You are responsible for all content, such as but not limited to text, information, impressions, opinions, testimonials photos, images, videos, links, etc. (hereafter, "Content") you post on the Service and for establishing your privacy settings. You understand and acknowledge that you are entirely responsible for the Content you post, email or otherwise make available via the Service. You agree that you must evaluate and bear all risks associated with the use of any such Content, that we have not verified Content posted by you or others, and that under no circumstances shall we be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service to you. We reserve the right, but not the obligation, to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of these Terms, or as required by law.

Site Moderation

You understand that we will moderate Content made available through the Service, but cannot, at all times, control the behavior of others relative to this Service, and that by using the Service, you may be exposed to Content that may be offensive, indecent, inaccurate, misleading or otherwise objectionable to you. If you encounter such Content, you should flag the Content as offensive and contact the site administrator via the Contact Us form.

External Websites

The Service may contain links to other websites, which may be independent of us. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such external website. You link to any other websites at your own risk.

Privacy

We value your privacy. Our Privacy Policy provides important information about how you may use the Service to share with others and how we may collect and can use Content and information from you. We strongly encourage you to read the Privacy Policy, and to use it to help make informed decisions about how you use the Service.

Intellectual Property License

In adding Content to the site, you represent and warrant that you have the right to do so and grant us a royalty-free, worldwide license to use, in any manner we deem appropriate in our sole and reasonable discretion, any Content you provide, including but not limited to any user-generated Content, directly or indirectly, without any further consent, notice and/or compensation to you or to any third party.

Deletion of Content

When you delete Content, we delete it in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies or may have been copied by others.

Others' Use of the Information You Post

The Service offers forums where you can post Content, such as your professional observations and comments, on selected topics. The Service also enables sharing of Content by allowing users to post updates, including links to outside sources (such as news articles, reviews, studies, etc.) and related information to their profile. The Content that you post may be seen and used by other users, and the Service cannot guarantee that other users will not use the Content that you share on the Service or in other forums or settings, whether on- or off-line. THEREFORE, IF YOU HAVE CONTENT, SUCH AS AN IDEA OR INFORMATION THAT YOU WOULD LIKE TO KEEP CONFIDENTIAL AND DO NOT WANT OTHERS TO USE, DO NOT POST IT TO THE SERVICE. WE ARE NOT RESPONSIBLE FOR ANY USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN THE SERVICE.

Conduct of Users

We have made and will continue to make good faith efforts to ensure that the Service is a safe, reliable and lawful resource for you and our other users, but we cannot provide an absolute guarantee. We depend upon and expect our users to use the Service in such a manner that helps us ensure such safety, reliability and lawfulness.

Therefore, you agree to the following conduct in using the Service:

  • You will not engage in fraudulent or otherwise unlawful activity.
  • You will not misrepresent your professional identity, credentials, education, likeness, patents, awards, affiliations, or any other element of your personal profile or in other posts and communications.
  • You will not share or otherwise disclose health information about another person (including "protected health information," pursuant to HIPAA) in the absence of a formal authorization and consent by that person.
  • You will not share or otherwise disclose any other sensitive, embarrassing, or otherwise potentially harmful information about another person.
  • You will not post unsubstantiated and/or incorrect or misleading statements about CEREC® CAD/CAM systems regarding its uses, benefits, or faults.
  • You will not post Content that violates professional or licensing ethics or standards.
  • You will not post Content that violates the rights, including the intellectual property rights, of another.
  • You will not make material misrepresentations of CEREC, clubCEREC or the Service in any private or public statements.
  • You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide this Service to you.
  • You will not rent, lease, loan, trade, sell/re-sell access to the Service or any information therein.
  • You will not engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Service.
  • You will not attempt to gain access to areas of the Service not intended to be available to you as a user.
  • You will not send or otherwise post unauthorized commercial communications, including but not limited to spam.
  • You will not remove, cover or otherwise obscure any form of advertisement included on the Service.
  • You will not collect users' Content or information, or otherwise use automated means (such as harvesting bots, spiders, or scrapers).
  • You will not intentionally upload viruses or other malicious code.
  • You will not solicit login information or otherwise access an account not registered to you.
  • You will not use the Service or share Content to engage in espionage of any sort.
  • You will not defame, bully, intimidate, threaten or harass any user of the Service.
  • You will not offer any contest, giveaway, or sweepstakes ("promotion") using the Service without our prior written consent. If we consent to a promotion, you take full responsibility for the promotion, and will follow all applicable laws and regulations.
  • You will not do anything that could disable, overburden, or impair the proper operation of the Service.
  • You will not infringe or use the clubCEREC or CEREC® CAD/CAM systems, logos and/or trademarks, including, without limitation, using the word "CEREC" in any business name, email, URL, trademarks or logos except as expressly authorized in writing by Sirona Dental Systems or us, as appropriate.
  • You will not facilitate or encourage any violations of these Terms.

Registration

After you sign the CEREC Service Club three-year term agreement, we will send you a package outlining the benefits that come with your CEREC Service Club and clubCEREC.com website membership. Included in this packet is your membership card. You must activate the card by calling the Patterson Technology Center (PTC) at 1-800-475-5036 (request CEREC support). The CEREC support team will ask you a few questions regarding your Internet connectivity in your office and request an email address for clubCEREC.com registration and future communications regarding clubCEREC. The CEREC support team will then email you a temporary username and password, which will enable you to register on clubCEREC.com. Once you register on clubCEREC.com, you will have the opportunity to change your username and password.

Service Eligibility

To be eligible to use the Service, you represent and warrant that you meet the following criteria:

  • Are a member of clubCEREC;
  • Are 18 years of age or older;
  • Are not currently restricted from these Services, or not otherwise prohibited from having a Service account;
  • Are not a competitor of ours and are not using the Services for reasons that are otherwise in competition with us;
  • Will maintain only those accounts apportioned to you by us at any given time;
  • Have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party;
  • Will not violate any of our rights or those of Sirona Dental Systems, including but not limited to intellectual property rights such as copyright or trademark rights; and
  • Will provide for yourself, at your cost, all equipment, software, and Internet access necessary to use these Services.

Notifications of Service

We shall provide you with notice in the event of planned system maintenance or outages. You also agree that we may communicate with you through your Service account or through other means including, mobile number, telephone, or via US Postal Service. 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 Service.

Security of Username and Password

You agree to keep your username and password for the Service secure and confidential.

Mobile

We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.

Your Compliance with Applicable Laws

You shall use this Service in accordance with relevant laws. In particular, you will:

  • Not use or disclose individually identifiable health information in violation of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") Pub L. 104-191.
  • Report any known breach of unsecured protected health information, pursuant to the Health Information Technology for Economic and Clinical Health Act of 2009 ("HITECH"), Division A, Title XIII of the American Recovery and Reinvestment Act of 2009 ("ARRA") Pub L. 111-5.
  • Comply with the Video Privacy Protection Act of 1988 ("VPPA") Pub L. 100-618, and obtain any opt-in consent necessary from users so that user data you post subject to the VPPA may be shared on the Service. You represent that any disclosure to us will not be incidental to the ordinary course of your business.

Amendments

These Terms are subject to revision for legal or administrative reasons, to correct any inaccurate statement, and to conform to the Services, which may change from time to time. If these Terms are revised, you will be provided notice though a message when you log in to review the new Terms and accept them before proceeding.

Termination

If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Service to you. We will notify you by email or at the next time you attempt to access your account, as applicable.

You may also delete your account at any time. You may submit an account termination request through the website Contact Us form or by emailing support@clubcerec.com. A clubCEREC support representative will follow up to confirm the request. Upon confirmation, the account will be deleted. Though your account information will no longer be accessible via clubCEREC.com, any previous account history may still be available in previous daily server backups.

Disputes

You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these Terms or the Service exclusively in a state or federal court located in Dakota County, Minnesota. The laws of the State of Minnesota shall govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Dakota County, Minnesota for purposes of litigating all such claims.

If anyone brings a claim against us related to your actions, Content or information provided by you relating to the Services, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

No Warranties

YOU UNDERSTAND AND AGREE THAT PATTERSON DENTAL SUPPLY, INC. AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS SERVICE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, WE DO NOT GUARANTEE THAT USE OF THE SERVICE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS. AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.

Indemnity

You agree to indemnify and hold Patterson Companies, Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligent or intentional acts, any Content you submit, post to or transmit through the Services, your use of the Service, your violation of these Terms, or your violation of any rights of another party, including but not limited to intellectual property rights.

Limitation of Liability and on Damages

THE USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. MOREOVER AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, OUR CUMULATIVE LIABILITY UNDER THESE TERMS, WHETHER UNDER CONTRACT, TORT, WARRANTY, OR OTHERWISE, SHALL BE LIMITED TO $500.

Effect of This Agreement

THESE TERMS MAKE UP THE ENTIRE AGREEMENT BETWEEN US REGARDING THE SERVICE AND THE SERVICE, AND SUPERSEDE ANY PRIOR AGREEMENTS. IF ANY PORTION OF THESE TERMS IS FOUND TO BE UNENFORCEABLE, THE REMAINING PORTIONS WILL REMAIN IN FULL FORCE AND EFFECT. IF WE FAIL TO ENFORCE ANY PORTION OF THESE TERMS, SUCH FAILURE SHALL NOT BE CONSIDERED A WAIVER. ANY AMENDMENT TO OR WAIVER OF THESE TERMS MUST BE MADE IN WRITING AND SIGNED BY US.

Transferability

You may not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.

Assignment of Rights

Our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Beneficiaries

This Agreement does not confer any third party beneficiary rights.

Compliance with All Applicable Laws

Nothing in this Agreement shall prevent us from complying with applicable laws and regulations. You will comply with all applicable laws and regulations when using or accessing the Service.

Contacting Us

You may contact us via email at:
support@clubcerec.com

Or via mail or courier at:
Patterson Dental Supply, Inc.
1031 Mendota Heights Road
Mendota Heights, MN 55120
USA

Choice of Language

This Agreement is written in English (US). To the extent any translated version of these Terms conflicts with the English (US) version, the English (US) version controls.