Arklign Terms of Service
Last Updated: April 23, 2019
Welcome! This website, www.arklign.com (the “Site,” including all subdomains), and our mobile application, Arklign (the “App”), are copyrighted works belonging to Arklign Laboratories, Inc. (“we,” “us,” and “our“). These terms of service (the “Terms“) govern your access to and use of the services available on this Site and our App (the “Services“). Specific features of the Site or App may have additional rules and terms associated with them, and such additional rules and terms will be prominently posted or otherwise made available to each user (“you” and “your,” including any entity you represent) and are incorporated herein by reference.
1. Arklign Overview
The purpose of the Site, App, and our Services is to streamline your case order workflow, provide up-to-date status, and display insights that will highlight cost-saving opportunities.
2. Acceptance of These Terms
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND ARKLIGN LABORATORIES, INC.. BY USING THIS SITE AND THE RELATED SERVICES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS. THESE TERMS LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE AND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION. THIS MEANS THAT YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHER THAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT. You must be at least 18 [eighteen] years of age to use this Site. By using this Site you represent that you are at least 18 [eighteen] years of age. If you have agreed to become a paying customer for the Services, then your eligibility to use the Services shall be contingent on your continued compliance with the terms of the applicable purchase agreement and this Agreement. If you have not agreed to become a paying customer for the Services, your use of the Site and our App is still subject to this Agreement.
3. License to Use Website and App
Subject to these Terms, you are granted a personal, worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and access the Site and our App. You must use this license only in the manner permitted by these Terms for the sole purpose of using and enjoying the benefit of the Services provided by the Site and/or App.
4. Arklign Accounts
Your Arklign account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. Visitors to the Site are permitted to create user accounts or profiles. Upon registering for our Services, you are considered a “Member” of the Site. You represent that all information you submit when creating an account is true and accurate, and you promise to update and maintain the accuracy of this information at all times. Each Member is the sole authorized user of his or her account. Members are responsible for keeping their passwords and account access information confidential. Therefore, you should take measures to restrict access to your account and to any devices from which you access your account. As a Member, you are responsible for all activities that occur under your account, and you acknowledge that Arklign Laboratories, Inc. is not responsible for unauthorized access to your account that results from theft or misappropriation of your account or password. Members are prohibited from assigning or otherwise transferring their accounts and passwords to others. You must notify us immediately if you know of or suspect that an unauthorized use or other breach of security of your account or the Site or the App has occurred. We may not be held liable for any loss or damage that may arise from your failure to maintain the security of your account. You may delete your account at any time and for any reason by following the instructions on the Site. We retain the right to suspend or terminate your account at any time and for any reason, as further detailed below. If you open an Arklign account on behalf of a dental practice, dental lab, company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. Certain portions of the Services, may allow you to invite users to a group account. Access will be made available only to those Users who are authorized by the creator or controller of the group account. The group account owner will be responsible for adding Users to the account and otherwise managing the account as set forth in this Agreement.
5. Enterprise and Software-as-a-Service Customers – Additional Terms Applicable to the Platform Services
Some areas of the Services may have additional terms, policies or agreements that apply (“Plan Specific Terms”). You agree to comply fully with these Terms and, if applicable, any Plan Specific Terms. In the event of a conflict or inconsistency between these Terms and any Plan Specific Terms, the Plan Specific Terms control.
- “Affiliate” shall mean, with respect to a party, any entity, whether incorporated or not, that directly or indirectly controls, is controlled by, or is under common control with such party or its corporate parent, where “control” (or variants of it) shall mean the direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
- “Authorized User” or “User” shall mean your employee, independent contractor, consultant or agent that is identified and authorized by you to use the Services.
- “Customer(s)” shall mean any dentist, dental practice, dental lab, or other entity that is subscribed
- “Arklign Platform Services” or “Platform Services” shall mean the specific proprietary software-as-a-service product of Arklign, specified in Customer’s Order Form. Platform Services exclude any Beta Services.
- “Documentation” shall mean the online Documentation for the Platform Services, accessible via the Knowledge Base at https://help.arklign.com/, as updated from time to time.
- “Plan” shall mean the level of Arklign service, resources and support for which you have subscribed and which are set out in the Billing section under Your Account.
- “Order Form” shall mean any ordering documents or online sign-up or subscription flow for Customer’s purchases of Platform Services from Arklign, including any schedules or addenda.
- “Services” shall mean any of Arklign’s offerings or services, including its website (“Site”) and mobile application (“App”).
- “Subscription Term” shall mean the period of time during which Customer may access and use the Services as set forth in the Order Form.
- “Renewal Term” shall mean the period for renewal of the Subscription Term (monthly or annual)
- “Your Data” shall mean any data that you submit into the system for the purpose of submitting and managing cases.
- “Scope of Use” shall mean the usage limits or other scope of use descriptions for the Arklign Platform included in the applicable Order Form (including descriptions of packages and features) or Documentation. These include any numerical limits on Authorized Users, descriptions of product feature levels, and numerical limits for cases. Current details can be found on our Practice Platform Pricing and Lab Platform Pricing pages.
5.2 Enterprise and SaaS Permitted Uses and License Grant
Subject to these Terms, you are granted a non-exclusive, non-transferable (except as permitted by Arklign) license: (i) for the number of Users set out in the applicable Plan to use the Services for your business purposes; and, if applicable, (ii) to download, install, access and use the App on your mobile device. Only one User can access the Service through a specific user ID and password. Your use of the Service is subject to additional terms and conditions: (i) set out in the applicable Plan, including the duration of the term of your subscription; and, (ii) required by the distributor from whom you downloaded the App (e.g., Apple App Store, Google Play, etc.) (collectively “App Distributors”). You must use this license only in the manner permitted by these Terms for the sole purpose of using and enjoying the benefit of the Services. Beta Releases and Free Access Subscriptions. Arklign may provide Customer with a Platform Service for free or on a trial basis (a “Free Access Subscriptions”) or with “alpha”, “beta”, or other early stage Platform Services, integrations or features (“Beta Releases”) which are optional for Customer to use. This Section will apply to any Free Access Subscriptions or Beta Releases and and supersedes any contrary provision in this Agreement. Arklign may use good faith efforts in its discretion to assist Customer with Free Access Subscriptions or Beta Releases. Nevertheless, and without limiting the other disclaimers and limitations in this Agreement, CUSTOMER AGREES THAT ANY FREE ACCESS SUBSCRIPTION OR BETA RELEASES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, SUPPORT, MAINTENANCE, STORAGE, SLA, OR INDEMNITY OBLIGATIONS OF ANY KIND. WITH RESPECT TO BETA RELEASES, CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT BETA RELEASES MAY NOT BE COMPLETE OR FULLY FUNCTIONAL AND MAY CONTAIN BUGS, ERRORS, OMISSIONS, AND OTHER PROBLEMS FOR WHICH ARKLIGN WILL NOT BE RESPONSIBLE. ACCORDINGLY, ANY USE OF BETA RELEASES ARE AT CUSTOMER’S SOLE RISK. Arklign makes no promises that future versions of Beta Releases will be released or will be available under the same commercial or other terms. Arklign may terminate Customer’s right to use any Free Access Subscriptions or Beta Releases at any time for any reason or no reason in Arklign’s sole discretion, without liability.
5.3 Enterprise and SaaS Fees and Payments
Subscription Period. The Customer may elect one of the following subscription and billing options:
- A monthly subscription plan (“Monthly Subscription”). The subscription period shall be one month, and shall automatically renew unless the Customer cancels in accordance with these Terms prior to the renewal date. A Customer subscribing to a Monthly Subscription may switch to the Annual Subscription at any time.
- An annual subscription plan (“Annual Subscription”), to be paid in advance. The subscription period will be one year, and will automatically renew each year unless the Customer cancels its plan prior to the renewal date. We will send the Customer a notice reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. The Customer is not entitled to cancel or downgrade the Platform Services until the anniversary of an Annual Subscription. There will be no refunds for Annual Subscription payments. A customer subscribing to an Annual Subscription may not change to the Monthly Subscription until the end of the one-year term of the Annual Subscription.
Fees. Your access to and use of the Platform Services is subject to your timely, up-front payment in full of the subscription fees set forth in the Order Form, which are based on the amounts displayed on the Site Practice Platform Pricing and Lab Platform Pricing pages or Customer Order Form. You agree that all fees shall be paid in US Dollars and you are responsible for all applicable taxes. We will charge tax when required to do so.
Payment. By executing an Order Form for purchase of Platform Services, Customer is agreeing to pay applicable fees for the entire Subscription Term. You will pay the amount agreed to as your Plan and any amendments made to your Plan.
- If you have chosen to pay the fee by recurring credit card charges, the fee will be charged automatically to your credit card. Purchases and/or payments made to Arklign via credit card are processed through a third-party payment processor, Stripe. By utilizing Stripe’s payment services, you are subject to its separate Stripe Terms of Service. You understand and agree that Arklign will not be held liable for your failure to complete a transaction through the Site.
- For any other payment method, the payment is due upon receipt of the invoice and shall be received by Arklign no later than the 25th day of the month in which the statement is prepared, regardless of when actually received by Customer, to avoid restrictions being placed on the account.
- Overdue payments shall accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law.
Upgrading and Downgrading Terms. Should you make amendments to increase your Plan, this will result in immediate charge to you of a prorated amount reflecting the increase in price for the remainder of the term of your Plan. Should you make an amendment to your Plan to decrease your Plan, any decrease in price will be reflected at the beginning of the next term of your Plan. Downgrading your Services may cause the loss of features or capacity of your Account. Arklign does not accept any liability for such loss.
Subscription Term and Renewals. Each Subscription Term will automatically renew for additional successive Renewal Term(s) (as specified on Site Practice Platform Pricing and Lab Platform Pricing pages and Order Form) unless notice is provided or the customer cancels the Platform Service in their Account Profile.
- Arklign reserves the right upon thirty (30) days notice to you to increase the subscription fees payable for the next Renewal Term(s) to Arklign‘s then-current subscription fees, as displayed on the Site, for access to and use of the Platform Services.
- If you authorize the charging of the applicable subscription fees to your credit card, we will charge the credit card account that you authorize and will continue to charge that card (or any replacement card) during each Renewal Term. If payment is not received from your card issuer, you agree to promptly pay all amounts due upon demand.
Refunds. There will be no refunds or credits for partial periods of service or periods of inactivity.
Cancellation. You can cancel your subscription at any time. Your cancellation will take effect at the end of the current paid term. You are solely responsible for properly canceling your account. You can cancel your account at any time prior to the renewal date in Your Account, which has a simple cancellation link, or by contacting us at [email protected] If you cancel the Platform Services before the end of your current paid up cycle (month or year), your cancellation will take effect immediately and you will not be charged again. Any fees that you have committed to paying must still be paid.
5.4 Provision of Enterprise and Saas Platform Services
Arklign shall make the Platform Services available to the Customer pursuant to this Agreement and all Order Forms during a Subscription Term. Customer’s purchase of Platform Services is not contingent upon the delivery of any future functionality or features, or dependent on any oral or written public comments made by Arklign regarding future functionality or features.
Availability of and Access to Services. Arklign will attempt to provide continuous availability and access to Services, except for planned downtime (for which Arklign shall make commercially reasonable efforts to give at least twenty-four (24) hours notice. In the event that we are unable to provide access for reasons beyond our control, we will communicate the reasons for the outage and expected duration of the outage clearly and explicitly to the Customer. These outages could be due to third parties that the Services depend on, such as third party service providers.
Support Services. Arklign makes available web-based support through its website (https://help.arklign.com/). Additional support services may be available to Customer upon payment of applicable fees (if any), as specified in Customer’s Order Form. Any support services are subject to this Agreement and Arklign’s applicable support policies. Arklign’s ability to deliver support services will depend upon Customer’s reasonable and timely cooperation and the accuracy and completeness of any information from Customer needed to deliver the services.
Inactive and Dormant Users. Arklign reserves the right to reclassify an End User as an Inactive User or as Dormant, as applicable and to archive Customer Data with respect to such End User. The Customer Data of Inactive Users and Dormant Users can be merged into active profiles at the Customer’s request.
Suspension of Service. Arklign may suspend Customer’s access to Platform Services if Customer’s account is overdue. Arklign may also suspend Customer’s access to Platform Services, remove Customer Data if it determines that: (a) Customer has breached these Terms; or (b) suspension is necessary to prevent harm or liability to other customers or third parties, or to preserve the security, stability, availability or integrity of the Platform Services. Arklign will have no liability for taking action as permitted above. For the avoidance of doubt, Customer will remain responsible for payment of fees during any suspension period. However, unless this Agreement has been terminated, Arklign will cooperate with Customer to promptly restore access to Platform Services once it verifies that Customer has resolved the condition requiring suspension.
5.5 Dental Case Orders
Terms specific to Case Orders are detailed further below in the section entitled “Arklign Laboratories Dentist Customer Orders (Case Orders)” for orders placed with Arklign Laboratories. Orders placed with any other laboratory are subject to the terms and conditions of the respective laboratory.
6. Acceptable Use Policy
By using this Site you agree to use the Services in compliance with these Terms and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction. We are based in California, United States. This Site, our App, and our Services are meant for use by persons within the United States. It may be illegal for certain persons to use the Site in some countries. We make no claim that the Site will be legal or accessible outside of the United States. Subject to these Terms, you may view, print, and use our content and Services as permitted on the Site and only for your own personal, non-commercial use. You further agree and acknowledge that your use of this Site, our App and the Services results in you sending electronic interstate transmissions through our computer network, and such transmissions may include, but are not limited to, any searches, file uploads, posts, instant messages, or emails. The following uses of the Site and/or App are prohibited unless we have intended to provide you with access or have provided you express written permission to the contrary:
- Using the Site or App in a manner that causes, or may cause, damage to the Site (or App) or in a way that impairs visitors’ abilities to access or use the Site, App, and Services, including using the Site or App in a manner or for a purpose that is unlawful or fraudulent;
- Using the Site and/or App in order to copy, store, upload, publish, use, transmit, host, or distribute anything consisting of or linked to any computer virus, spyware, rootkit, worm, keystroke logger, or other malicious computer software or software that may destroy, damage, or alter a computer system;
- Conducting any systematic or automated data collection on or related to the Site/App or its users without their consent, including, without limitation, data mining, data extraction, scraping, data harvesting, “framing,” or article “spinning”;
- Using the Site and/or App to collect, harvest, or compile information or data regarding other users of the Site/App without their consent;
- Using software or automated agents or scripts to generate automated searches, requests, or queries on the Site or to mine data from the Site, provided, however, that operators of public search engines have our revocable permission to copy materials from the Site for the sole purpose of and only to the extent necessary for creating public search indices, but not caches or archives of such materials, according to the parameters in our robots.txt file;
- Transmitting or sending unsolicited communications, commercial or otherwise, or conducting any marketing activities, including using the Site to send spam, pyramid schemes, or chain letters;
- Republishing (including on another website), duplicating, copying, redistributing, selling, leasing, transferring, hosting, renting, or licensing any part of the Site (or App) or otherwise commercially exploiting content, whether in whole or in part, on the Site or App;
- Editing, modifying, making derivative works of, reverse engineering, or reverse compiling any information, content, systems, or Services on the Site or App;
- Accessing the Site and/or App in order to create a similar or competitive business, product, service, or website;
- Collecting, transmitting, distributing, uploading, or displaying any content or otherwise using the Site and/or App in a manner that (i) violates the rights of any third party, including any intellectual property rights or rights to privacy, (ii) is unlawful, tortious, threatening, vulgar, defamatory or libelous, pornographic, obscene, patently offensive, racist, or promotes physical harm or injury, (iii) causes or may cause harm to minors in any way, or (iv) impersonates another individual or organization or otherwise misrepresents affiliation with another person or entity without permission;
- Interfering with, disrupting, or overburdening servers or networks connected to the Site;
- Gaining or attempting to gain unauthorized access by any means to any part of the Site and/or App or to computers or networks connected to the Site and/or App; and
- Harassing, stalking, harming, or otherwise interfering with or negatively affecting another user’s normal use and enjoyment of the Site and/or App.
7. Enforcement of Acceptable Use Policy
We reserve the right to review and investigate your use of the Site and to take any appropriate action against you that we determine is necessary in our sole discretion should you violate these Terms or otherwise create liability, loss, or damage for us, our Site visitors, or a third party. Such action may include, but is not limited to, restricting your account privileges or terminating your account, initiating proceedings to recover any losses and reporting you to law enforcement authorities.
8. International Use and Compliance
Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the Site complies with all local, international, and other laws that may apply. In addition, United States import and export control laws and the import regulations of other countries may apply to the use of the Site. You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology acquired through us, the Site, the App, or the Services in violation of such export or import laws, including, but not limited to, the United States Export Administration Regulations (EAR) and the various United States sanctions programs.
We do not knowingly collect personal information or data from visitors under 13 years of age. You may not use this Site or our App if you are under the age of 13 [thirteen].
10. User Accounts
Visitors to the Site are permitted to create user accounts or profiles. Upon registering for our Services, you are considered a “Member” of the Site. You represent that all information you submit when creating an account is true and accurate, and you promise to update and maintain the accuracy of this information at all times. Each Member is the sole authorized user of his or her account. Members are responsible for keeping their passwords and account access information confidential. Therefore, you should take measures to restrict access to your account and to any devices from which you access your account. As a Member, you are responsible for all activities that occur under your account, and you acknowledge that Arklign Laboratories, Inc. is not responsible for unauthorized access to your account that results from theft or misappropriation of your account or password. Members are prohibited from assigning or otherwise transferring their accounts and passwords to others. You must notify us immediately, by emailing [email protected], if you know of or suspect that an unauthorized use or other breach of security of your account or the Site or the App has occurred. We may not be held liable for any loss or damage that may arise from your failure to maintain the security of your account. You may delete your account at any time and for any reason by following the instructions on the Site. We retain the right to suspend or terminate your account at any time and for any reason, as further detailed below.
11. User Content
“User Content” means any material that you or other visitors submit or transmit in any manner to the Site or the App for any purpose, whether publicly posted or privately transmitted, and includes, but is not limited to, any text, images, audio material, video material, and audio-visual material. This Site and the Services it provides may include multiple ways of submitting User Content, including, for example, through use of forums, chats, online bulletin boards, and similar tools that allow visitors to communicate with others or submit content. Unless we indicate that particular User Content you submit will be kept confidential, your User Content may be made available for other visitors to view on the Site or through third-party services. You hereby represent and warrant that the User Content you submit does not violate our Acceptable Use Policy stated herein. You are prohibited from submitting any User Content that is illegal, unlawful, or infringes on the legal rights of any third party. Furthermore, you may not submit User Content that has ever been the subject of any actual or threatened legal proceedings or any User Content that may give rise to a legal action under any applicable law, whether against you, us, or a third party. You agree that you are solely responsible for any consequences that may result from submitting User Content, including use of the User Content by other visitors of the Site and by our third-party partners. Unless we indicate that particular User Content you submit will be kept confidential, your User Content may be distributed, published, broadcast, or syndicated by us or our third-party partners. You may be subject to liability if you submit User Content without the authority to do so. We do not monitor the submission or publication of User Content on the Site and are not responsible for the User Content. We do not endorse or support any User Content or the opinions contained therein and do not guarantee the truthfulness, accuracy, suitability, or reliability of any User Content or other communications submitted or published on the Site. You agree that we are not responsible for any loss or damage you may incur as a result of interacting with others on the Site, and we are under no obligation to become involved in any such disputes. You may not represent that we have provided, endorsed, or supported the User Content you submit. Your use or reliance on any User Content is at your own risk. You assume all risks associated with the User Content you submit, including any reliance on the User Content and the risk of disclosure of the User Content that may identify you personally to a third party. You understand and accept that by using the Services or Site you may be exposed to User Content that is offensive, inaccurate, deceptive, harmful, or otherwise inappropriate. User Content may be subject to specific rules and limitations we post or communicate to you from time to time. You agree to only submit User Content conforming to such rules and limitations. We may remove, edit, or delete any User Content submitted, hosted, or stored on the Site or our servers without providing you with prior notice. We are not obligated to store or back up any User Content. Therefore, you are responsible for creating backup copies of any User Content you wish to keep. Under no circumstances may Arklign Laboratories, Inc. be held liable in any way for any User Content, including, but not limited to, for any errors or omissions in the User Content or for any loss or damage of any kind that may occur as a result of any User Content submitted, published, or otherwise made available on the Site, Services, or elsewhere.
12. User Content License
By submitting User Content you grant Arklign Laboratories, Inc. an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license (with right to sublicense) to use, publish, copy, adapt, modify, process, reproduce, transmit, distribute, translate, publicly and privately display and perform, incorporate into other works, prepare derivative works of, bring actions for infringement of, and otherwise use and exploit your User Content in any and all media or distribution methods now known or later developed. This license includes the right to provide the User Content to our third-party partners for distribution, publication, syndication, and broadcast on other media, devices, and services subject to our terms and conditions for the use of such User Content. Furthermore, you irrevocably waive any claims of moral rights or attribution regarding your User Content. You represent and warrant that you have all rights, power, and authority to grant all the rights pertaining to User Content as stated in these Terms. This means that you will always maintain ownership of the User Content you submit. However, we have the right to display the User Content and make various changes to it as are necessary in providing our Services and to conform to the needs of different media, devices, services, and computer networks. At no time will you be entitled to any compensation for this license.
The Services provided may include advertisements, some of which may be targeted based on the type of information on the Site, queries made, or other information, whether submitted by you or others. The types and amount of advertising on the Site or through the Services is subject to change.
14. Third-Party Resources
The Site and App may contain links and advertisements to third-party websites and services (collectively, “Third-Party Resources“). You agree and acknowledge that Third-Party Resources are not under our control and we are not responsible for the content, products, or services they provide. We provide access to Third-Party Resources only as a convenience to you and do not monitor, endorse, warrant, or make any representations regarding Third-Party Resources. It is your sole responsibility to exercise appropriate caution and discretion when using Third-Party Resources, and you acknowledge that you assume all risks that arise from such use.
15. Modification, Maintenance and Support of Site, App and Services for Members
We reserve the right to modify, add to, suspend, or terminate all or part of the Site, App or Services at any time with or without providing prior notice to Members. This includes the right to create limits on our visitors’ and Members’ use of Services and data storage. You agree that we are not liable for using or enforcing the rights stated in this paragraph. Unless we indicate otherwise, any future modifications to the Site are subject to these Terms. Although we may choose to provide customer support or website maintenance, you acknowledge and agree that we are under no obligation to do so.
16. Restricted Access
Some parts of the Site and/or App may be restricted to certain visitors. If you have permission to access restricted parts of the Site or App, you agree to not share your access information and password with third parties. We may change the restricted parts of the Site or App from time to time. If you do not have access to restricted parts of the Site or App, you agree not to use another user’s account to gain such access or otherwise attempt to gain improper access to the restricted parts of the Site or App.
19. Arklign Laboratories, Inc. Rights and Ownership
Unless otherwise stated, Arklign and its permitted licensors own all intellectual property rights in the Site (and App) and its contents, excluding User Content. These rights include, but are not limited to, ownership of all text, graphics, images, logos, copyrighted material, trademarks, patents, software, and other distinctive brand features displayed on the Site or Services, including the compilation of any of the foregoing items. Except for the limited rights granted by these Terms, neither these Terms nor your use or access to the Site give you or any third party any intellectual property rights. We reserve all rights not explicitly granted by these Terms, which do not grant any implied licenses. All copyrights, trademarks, and other intellectual property notices on the Site or Services must be retained on all copies thereof. You may not publish, reverse engineer, modify, distribute, transmit, sell, create derivative or plagiaristic works of, or use or exploit for any commercial reason, whether in whole or in part, any of the content on the Site, App or Services other than your own User Content without our express prior written consent or the consent of any third-party owners of the content. Site and App content is not for resale under any circumstances.
20. Copyright Policy
We expect you to respect the intellectual property rights of others when using the Site, App, and Services. We will respond to any notices of copyright infringement that we receive that comply with applicable law and are properly submitted to us (pursuant to 17 U.S.C. 512(c)). In order to submit a notice of infringement of your copyrighted material, please provide us with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work or works claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number, and an email address, if available;
- A statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We may remove any content that is alleged to be infringing at our sole discretion without prior notice and without liability to you. We also reserve the right to take other appropriate action against infringers, such as terminating the user’s account if the user is determined to be a repeat infringer. Please send any notice of alleged copyright infringement to our designated copyright agent at the following address:
Arklign Attn: Copyright Agent 2526 Qume Dr Ste 15 San Jose, California 95131
Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notification that content is infringing or that allegedly infringing content was removed by mistake or misidentification automatically subjects the complaining party to liability for damages, including costs and attorney’s fees incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by us, if injured by such misrepresentation.
21. Arklign Laboratories Dentist Customer Orders (Case Orders)
When using this Site, App and our Services to sign or send the prescription form, or a substitute thereof, to Arklign’s Laboratories Division (“Arklign Lab”) you consent to the Arklign Laboratories Dentist Customer Agreement and to our collection and use of your personal information as set forth in the Dentist Customer Agreement, incorporated herein by reference. The Dentist Customer Agreement, the sales policy (below) and the refund policy (below) only apply to case orders sent to Arklign Lab and not to case orders sent to other laboratories via the Platform and Services. Case orders submitted to other laboratories are subject to the terms and conditions of the respective laboratory. Arklign is not responsible or liable for case orders submitted to laboratories other than Arklign Lab.
Sales Policies. You agree to pay all fees or charges to your Account in accordance with the Customer Agreement and Price List in effect at the time a fee or charge is due and payable for case orders with Arklign Lab.
Refund Policy. Credit to Customer of the original invoice amount will be issued if the prosthesis in question is returned by the Customer to Arklign Lab as set forth above, no later than fifteen (15) calendar days from the date of delivery. Any credit balance on account expires six (6) months after the date of issuance.
THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SITE IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE CONTENT PROVIDED ON THE SITE. WE, OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE SITE, ITS CONTENT, OR THE SERVICES WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, UNINTERRUPTED, USEFUL, TRUE, ACCURATE, NON-MISLEADING, TIMELY, RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK AND WE ASSUME NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, THE DELETION OF INFORMATION YOU TRANSMIT ON THE SITE, OR THE DELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT OR PERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE SITE AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER OR INTERNET ACCESS. THIS SITE AND ITS CONTENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THIS SITE CONSTITUTES, IS MEANT TO CONSTITUTE, OR MAY BE USED AS ADVICE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL (INCLUDING TRADING OR INVESTMENT PURPOSES), OR MEDICAL ADVICE. WE ENCOURAGE YOU TO CONSULT THE APPROPRIATE PROFESSIONAL SHOULD YOU REQUIRE LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
23. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARKLIGN LABORATORIES, INC., INCLUDING ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS, MAY NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iv) ANY CONTENT OBTAINED FROM THE SERVICES; (v) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (vi) OTHER MATTERS RELATED TO THE SITE OR SERVICES. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS OR LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT MAY OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICES. YOU FURTHER AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE. NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THE LIMITATIONS AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Arklign Laboratories, Inc. and its subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, including, but not limited to, costs and attorney’s fees, from any claim or disputes by a third party arising out of your use of the Site, violation of these Terms, violation of applicable law, or your posting, modifying, or otherwise transmitting User Content through the Site or Services. We reserve the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims or disputes, and you agree not to settle any such claims or disputes without our prior written consent. We will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.
In the event you have a dispute arising out of, directly or indirectly, these Terms or your use of the Site, App, or Services, you hereby release and forever discharge us, including our subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, from all related claims, actions, demands, disputes, damages, and liabilities, whether past, present, or future. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
We may suspend or terminate your access to the Site or App at any time and for any reason or no reason at all, with or without notice, at our sole discretion. This may result in deletion of information associated with your account. You may also terminate your account by deactivating it or by submitting a termination request and discontinuing your use of the Services. Your account may be deactivated if it experiences a prolonged period of inactivity. Your User Content may also be deleted in the event your access is terminated. Where applicable, all rights and responsibilities of the parties under these Terms will survive the termination of this agreement, including, without limitation, intellectual property ownership, warranties, disclaimers, and limitations of liability.
27. Modification of These Terms
We may modify or update these Terms from time to time at our sole discretion. All updates will be effective from the time and date that they are posted. We recommend checking this page regularly for any updates. Your continued use of the Site, App, and Services signifies your acceptance of the updates that occur. We may send you notice of updates to these Terms, including, but not limited to, by email, posting on the Site, or other reasonable means.
28. Violations of These Terms
Should you breach these Terms, we may take any and all actions we deem appropriate in our sole discretion under the circumstances, including, but not limited to, suspending, blocking, or terminating your access to the Site, App, Services and your account. We may also choose to remove your User Content.
29. Dispute Resolution
Unless both parties agree otherwise, you and Arklign Laboratories, Inc. agree that any dispute, claim, or controversy you may have arising out of or relating to the Site, Services, or these Terms will be resolved through mandatory binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and the judgment of its arbitrator(s) may be entered by any court of competent jurisdiction. You further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and THE PARTIES FURTHER AGREE THAT EACH IS WAIVING ITS CONSTITUTIONAL RIGHT TO A TRIAL BY JURY AS WELL AS THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION. ALL CLAIMS AND DISPUTES RELATED TO YOUR USE OF THE SITE OR SERVICES OR ARISING UNDER THE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. This provision will survive the termination of this agreement and the termination of your account. You and Arklign Laboratories, Inc. agree that we may seek injunctive or other appropriate relief in the appropriate state or federal court should you violate or threaten to violate the intellectual property rights of us or our subsidiaries, affiliates, partners, suppliers, or licensors, and you consent to exclusive jurisdiction and venue in such courts.
30. General Terms
- Entire Agreement
- Waiver and Severability
Our failure to enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from these Terms; however, the remaining provisions will continue to be valid and enforceable according to the intentions of the Parties and to the maximum extent permitted by law. If it is held that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
Your rights and obligations under these Terms, including any accounts, profiles, or personalization settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempt to do so will be null and void. We may freely assign these Terms and our rights and obligations hereunder without notice to you, and these Terms will continue to be binding on assignees.
- Cumulative Rights
The rights of all parties under these Terms are cumulative and will not be construed as exclusive of each other unless otherwise required by law.
- Law and Jurisdiction
These terms shall be governed by, and will be construed under, the laws of California, United States, without regard to or application of its conflict of law principles or your state or country of residence. All claims, disputes, and legal proceedings related to or arising out of these Terms or your use of the Site or Services will be brought exclusively in the federal or state courts located in California, and you hereby consent to and waive any objection of inconvenient forum as to such jurisdiction.
31. Electronic Signature Agreement
32. Electronic Communications
Electronic communications occur whenever you use the Site, App or Services, you send us emails, we send you emails or in App notifications, and we post notices on the Site. You consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, has the same legal effect and satisfy any legal requirement that such communications would satisfy if provided to you in a written hardcopy.
33. Feedback and Complaints
You hereby assign to us all rights in any feedback or complaints you provide us concerning the Site or Services and agree that we have the right to use and fully exploit all such feedback or complaints in any manner we wish, commercial or otherwise. We will treat all such feedback or complaints as non-confidential and non-proprietary. Do not provide us with any feedback or complaints that you consider confidential or proprietary. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-5210.
34. Contact Information
Please report any violations of these Terms to us. If you require any more information or have any questions about these Terms, you may contact us as follows:
- Send an email to [email protected] or via the Contact Us link on our homepage.
- You can also contact our office at:
Attn: Office of Privacy
2526 Qume Dr Ste 15
San Jose, California 95131