DentalRx Terms of Use

Last Updated: December 16, 2024 


Steel Pharmacy Services Inc., operating as DentalRx (“DentalRx,” “we,” “our,” or “us”), as a convenience to you, grants you (“you” or “your”) with access to its website and all subdomains from dentalrx.ca (the “Sites”), along with any related services (collectively, the “Services”). Your use of the Services is conditioned on your acceptance of these Terms of Service (“Terms”). These Terms form a legally binding agreement between you, whether acting as an individual or on behalf of an entity, and DentalRx. By accessing or using the Sites, or Services, you confirm that you have read, understood, and agree to be bound by these Terms. 


THESE TERMS OF USE APPLY TO USERS OF THE SITES (INCLUDING ALL OF THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE), INCLUDING USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE SITES. 


For the purposes of these Terms, “Content” means collectively any text, images, graphics, software, source code, specifications, audio files, videos, articles, trademarks, logos, databases, functionality, website designs, and other information or content made available through the Sites that are not Submissions (as that term is defined below in section 8), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such content.


PLEASE BE AWARE THAT THE TERMS CONTAIN PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND DENTALRX AMONG OTHER THINGS, SECTION 18 INCLUDES AN INFORMAL RESOLUTION OF DISPUTES AND EXCLUDED DISPUTES WHICH REQUIRES, WITH SOME EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED FIRST BY AN INFORMAL RESOLUTION BEFORE BEING BROUGHT BEFORE A COURT. SECTION 19 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THESE SECTIONS CAREFULLY. YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.


GENERAL TERMS OF USE

  1. ACCEPTANCE OF TERMS.

PLEASE READ THESE TERMS AND THE DENTALRX PRIVACY POLICY (“Privacy Policy”) CAREFULLY BEFORE USING THE SITES. BY ACCESSING THE SITES ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES (COLLECTIVELY, “Devices”), YOU AGREE TO THESE TERMS, AND YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PURPOSE FOR PROCESSING INFORMATION SET OUT IN THE PRIVACY POLICY, YOU MUST EXIT THE SITES IMMEDIATELY AND DISCONTINUE ANY USE OF THE SITES AND ANY CONTENT CONTAINED THEREIN. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE, OR ACCESS THE SITES. YOUR USE OF THE SITES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.


DENTALRX MAY, IN ITS SOLE DISCRETION, MODIFY THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE SITES OR BY POSTING A NOTICE ON OUR SITES AND/OR UPDATING THE “LAST UPDATED” DATE ABOVE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THE SITES. BY CONTINUING TO USE OR ACCESS THE SITES, YOU ARE AGREEING TO THE REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE SITES FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.  You waive any right to receive specific notice of each such change. These Terms do not alter in any way the terms or conditions of any other agreement you may have with DentaRx or its affiliates for other products or services.


The Privacy Policy, and as applicable the Cookie Policy, describes the collection, use, and further processing of personal information on the Sites. Notwithstanding anything else to the contrary contained in these Terms, DentalRx’s use of any personal information (e.g., name, address, etc.) you provide via the Sites shall be governed by the Privacy Policy. For further information regarding DentalRx’s processing of your personal information, please refer to the Privacy Policy, available at https://www.dentalrx.com/privacy-policy or, as applicable, the local version available at the bottom of the Sites.

  1. INFORMATION DISCLAIMER & USE AND RESTRICTIONS.

We are not responsible for any errors or omissions nor any repercussions from use of the Content. The information on the Sites are to be used as a guide, and cannot be substituted for clinical judgement or expert medical consultation. The full medication information as found in the package insert should be consulted before prescribing any medication. The Content is reviewed and updated regularly, but DentalRx makes no guarantees, representations or warranties regarding the currency, accuracy or completeness of the information within the Sites. DentalRx expressly disclaims responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in the Sites. DentalRx does not endorse specifically any of the medical content loaded into the Services.


The information contained on the Sites is for informational purposes only. It is not intended to provide legal, medical or other advice to you, and you should not rely upon the information to provide any such advice. Information on the Sites and Services is intended for use as a tool for assisting health practitioners to prescribe appropriate drug treatments for patients. DentalRx does not warrant the accuracy of any information on the Services and users acknowledge and agree that they must exercise their professional judgment at all times and use the information available through the Sites only as one tool for analysis and prescription. DentalRx will not be responsible or in any way liable to its users' reliance on the Content of the Sites instead of their own professional judgement.


The Sites may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are of legal age of majority in their place of residence, for example, 18 years of age or older, and who are not otherwise barred from using the Sites or Services under applicable laws.


The Sites are provided solely as a convenience to you for non-commercial use. You may access and use the Sites only in accordance with all applicable laws and regulations and with these Terms. You acknowledge and agree that DentalRx, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to use the Sites.


You agree not to:

  • commercially sell, resell, distribute, or frame the Sites or Content therein;

  • modify, adapt, frame, mirror, distribute, transmit, display, perform, reproduce, republish, license, create derivative works of, transfer, or sell any Content;

  • use, frame, or utilize framing techniques to enclose any DentalRx trademark, logo, or other proprietary information (including the images found on the Sites, the content of any text, or the layout/design of any page or form contained on a page) without DentalRx’s express written consent;

  • crawling, scraping, caching, or otherwise accessing any Content on the Sites via automated means, including, but not limited to, photos and text (except as may be the result of standard search engine protocols or technologies used by a search engine with DentalRx's express consent);

  • collect or use any listings or descriptions of services offered by DentalRx; or

  • use any meta tags or any other “hidden text” utilizing the DentalRx name or trademark without DentalRx’s express written consent.

When using the Sites, you may not:

  • breach, attempt to breach, or otherwise bypass any security or authentication measures of the Sites, the server on which our Sites is stored, or any server, computer, or database connected to the Sites;

  • transmit into or submit to the Sites any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Sites, including the systems or servers which host the Sites;

  • use any data mining, robots, or similar data gathering and extraction methods from the Sites;

  • access or attempt to access any systems or servers on which the Sites is hosted, or modify or alter the Sites in any way, other than for your use of the Sites as expressly permitted in these Terms;

  • access the Sites through automated or non-human means, whether through a bot, script or otherwise;

  • attack the Sites via a denial or service attack or distributed denial or service attack; 

  • forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites;

  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries);

  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate Content, asking for personal information or otherwise;

  • to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

  • to impersonate or attempt to impersonate DentalRx, an DentalRx employee, another user or any other person or entity, including, without limitation, by using email addresses, telephone numbers, or screen names associated with any of the foregoing, or otherwise submitting false information; 

  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm DentalRx or visitors or users of the Sites or expose them to liability; or

  • otherwise attempt to interfere with the proper working of the Sites.


These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.


  1. GEOGRAPHIC RESTRICTIONS

The owner of the Sites is based in Canada. Access to the Sites may not be legal by certain persons or in certain countries. When you access the Sites, you do so on your own initiative and are responsible for compliance with local laws.


  1. COPYRIGHT

The Content, Sites, as well as the selection and arrangement of each, are the sole property of DentalRx and/or its licensors and are protected by patent, copyright, trademark, trade dress, and other intellectual property law, whether under statutory or common law, and may not be used except in accordance with these Terms or with DentalRx's express written consent. Other than as necessary for your use of the Sites in accordance with these Terms, DentalRx grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Content. Any Content owned by DentalRx's licensors may be subject to additional restrictions. Except as expressly provided in these Terms, no part of the Sites, or Content may be copied, reproduced, republished, uploaded, downloaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, smart phone, tablet, console or other medium for publication or distribution or for any commercial enterprise, without DentalRx’s express prior written consent.


If you print, copy, or download any part of the Sites in breach of these Terms, your right to use the Sites will cease immediately and you must, at DentalRx’s option, return or destroy any copies of the materials you have made. You may print one copy and may download extracts of any page(s) from the Sites for your personal, non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. DentalRx’s status (and that of any identified contributors) as the author of material on the Sites must always be acknowledged.


  1. TRADEMARK

As between you and DentalRx, all trademarks, service marks, trade names, logos, and trade dress, whether registered or unregistered (collectively, the "Mark(s)") that appear on the Sites are proprietary to DentalRx or the owner of such Mark. You may not display or reproduce the Marks other than with the prior written consent of DentalRx, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.


As between you and DentalRx, DentalRx is the sole owner or lawful licensee of all the rights and interests in and to the Sites and any Content contained therein, including without limitation designs, drawings, photography, text, typography and software, whether currently registered or not, and any of its subdomains and related icons and logos, including without limitation certain related descriptions, images, text, and graphics, are registered trademarks or trademarks and/or Marks of DentalRx and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these Marks, and any Marks that we may register in the future, is strictly prohibited.


In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names, and/or trade dress of DentalRx or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of DentalRx.


  1. COPYRIGHT AND TRADEMARK INFRINGEMENTS

DentalRx upholds and respects the intellectual property rights of others, recognizing the importance of protecting original works, creations, and innovations. We ask that you also act in accordance with this principle. DentalRx may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites, please provide DentalRx's designated agent the following information:


  • Your name, address, and contact information;

  • identify the work or other subject-matter to which the claimed infringement relates;

  • your interest or right with respect to the copyright in the work or other subject-matter;

  • the location data for the electronic location to which the claimed infringement relates;

  • specify the infringement that is claimed; and

  • specify the date and time of the commission of the claimed infringement. 


DentalRx's agent for notice of claims of copyright or trademark infringement on the Sites can be reached by email: legal@dentalrx.ca

Please also note that for copyright infringements, any person who knowingly, materially misrepresents that material or activity is infringing may be subject to liability.


  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

You consent to receive electronic communications from DentalRx either in the form of email sent to you at the email address you provide to us or by communications posted on the Sites for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites shall satisfy any legal requirement that such communication be in writing. You agree that DentalRx may use and/or disclose information in accordance with the Privacy Policy. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.


  1. SUBMISSIONS

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, images, audio, photos, videos, Services feedback or ideas, and any other content or material that you submit, upload, post, or otherwise make available on or through the Sites (each, a "Submission") and through the services available in connection with the Sites, and that you, and not DentalRx, have full responsibility for each Submission you make, including its legality, reliability, appropriateness, and trademark, copyright, and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to DentalRx. You represent that: (a) the posting and use of your Submission on or through the Sites does not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights; (b) you will pay for all royalties, fees, and any other monies owed by reason of the Submission you post; and (c) you have the legal right and capacity to enter into these Terms in your jurisdiction.

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Sites is provided on a non-confidential basis.


You agree that DentalRx is free to use a Submission for the purpose of providing you and others with use of the Sites, its functionality, and associated Services, and, unless the rights in such Submission are assigned to DentalRx under these Terms, you grant DentalRx a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, frame, mirror, modify, and prepare derivative works of the Submission.


In addition, to the extent any Submission contains your or any other person’s name, likeness, voice, or biographical information ("Personal Rights"), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to DentalRx a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of DentalRx Services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential, and DentalRx is under no obligation to treat such Submissions as proprietary information except pursuant to the Privacy Policy applicable to personally identifiable information. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.


When submitting Submissions to or otherwise using the Sites and/or the Services, you agree not to, without limitation:

  • use the Sites in a manner that uses technology or other means to access the Sites, or other content that is not authorized by DentalRx;

  • use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of content;

  • take any action that imposes or may impose (in DentalRx’s sole discretion) an unreasonably or disproportionately large load on DentalRx’s infrastructure;

  • attempt to gain unauthorized access to DentalRx’s computer network or user accounts;

  • encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;

  • attempt to damage, disable, overburden, or impair DentalRx servers or networks;

  • violate applicable third-party terms;

  • defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

  • use racially, ethnically, or otherwise offensive language;

  • discuss or incite illegal activity;

  • use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);

  • post anything that exploits children or minors or that depicts cruelty to animals;

  • post any copyrighted, trade-secret, proprietary, patented proprietary, or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice, or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);

  • disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', ‘phishing’, 'chain letters', 'pyramid schemes', or any other form of solicitation;

  • use any robot, spider, scraper, or other automated means to access the Sites; or

  • alter the opinions, goals, profiles, or comments posted by others on the Sites.


This list of prohibitions provides examples and is not exhaustive. DentalRx reserves the right in its sole discretion to (i) terminate your access to the Sites; (ii) terminate your ability to post to the Sites (or the services); and (iii) refuse, delete, modify, edit, or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that DentalRx determines is inappropriate or disruptive to the Sites or to any other user of the Sites and/or Services. DentalRx may report to law enforcement authorities any actions that may be, or DentalRx reasonably suspects to be, illegal, and any reports it receives of such conduct. When legally required, or at DentalRx's discretion, DentalRx will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the Internet.


DentalRx takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, DentalRx is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page. You are solely responsible for your Submissions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Submissions.


These prohibitions do not require DentalRx to monitor, police, or remove any Submissions or other information submitted by you or any other user.


  1.  MODIFICATIONS

Any Content offered or posted on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. We reserve the right to change, modify, or remove the contents of the Sites at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Sites. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Sites or Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Sites or Services during any downtime or discontinuance of the Sites or Services. Nothing in these Terms will be construed to obligate us to maintain and support the Sites or Services or to supply any corrections, updates, or releases in connection therewith.


  1.  INDEMNIFICATION

You agree to defend, indemnify, and hold harmless DentalRx, its subsidiaries, affiliates, and their respective directors, officers, employees, partners and agents against any losses, liabilities, claims, and expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Sites or Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss or damage we suffer as a result of your breach of these Terms. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


  1.  THIRD-PARTY SITES

The Sites may contain links to websites, widgets, Marks, or other resources owned, controlled, operated, or otherwise provisioned by third parties other than DentalRx or its affiliates (collectively “Third-Party Sites”). Access to Third-Party Sites is provided solely as a convenience to you. DentalRx does not control Third-Party Sites and is not responsible for the content, products, services, or information offered or collected by any such third parties. The inclusion of Third-Party Sites on the Sites does not imply DentalRx’s endorsement of the content, products, services, or information offered, advertised, endorsed, or promoted by any third party or of any company or person. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.


  1.  LINKING TO THE SITES

You may link to our Sites, provided you do not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The website from which you are linking must comply in all respects with applicable law.

When you use social media tags (such as on Instagram or Twitter) that identify or are associated with DentalRx, including without limitation @dentalrx, @dentalrx.ca, @theDentalRx or any other similar social media tag in any way related to DentalRx, you agree to provide DentalRx with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to reproduce and use the uploaded content, including image(s), in DentalRx’s (or its sublicensees’) marketing materials and through all social media channels.


  1. RELIANCE ON INFORMATION POSTED & SERVICE DESCRIPTIONS

Reliance on Information Posted

The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its Content.


The Sites may include Content provided by third parties, including materials provided by other users (see Submissions), third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all DentalRx’s responses to questions and other content, other than the Content provided by DentalRx, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of DentalRx. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.


Service Descriptions

DentalRx endeavors to be as accurate as possible, however mistakes and omissions do happen. DentalRx does not warrant that service descriptions or other Content on the Sites are all accurate, complete, reliable, current, or error-free. In the event of a pricing error or discrepancy, we reserve the right to correct such errors, update the pricing, and cancel or refuse Services placed under incorrect pricing, even if the service has been confirmed or payment has been processed. If payment has already been made, we will issue a refund for the incorrect amount.


  1.  THIRD PARTY PRODUCTS AND SERVICES

For the purposes of these Terms, “Third-Party Product(s)” means any Product or service developed by or on behalf of a third party or supplied by a third party. If Third-Party Products are available for purchase through DentalRx, the suppliers for such Third-Party Products are solely responsible for providing accurate information about the Products that they supply, including, where applicable and without limitation, consumer warnings. Where applicable, we will pass through to you any transferable warranties and indemnities provided by the supplier of the Third-Party Products. To the extent permitted by law, in connection with Third-Party Products, notwithstanding anything to the contrary, DentalRx provides no indemnities and makes no representation or warranty, express or implied in relation to the Third-Party Products. 


  1. USER DATA

We will maintain certain data that you transmit to the Sites for the purpose of managing the performance of the Sites, as well as data relating to your use of the Sites. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.


  1. WARRANTIES AND DISCLAIMER

AS A CONDITION OF YOUR USE OF THE SITES, YOU WARRANT TO DENTALRX THAT YOU WILL NOT USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS.


EXCEPT AS OTHERWISE DETAILED IN THESE TERMS, THE SITES, SUBMISSIONS, AND ANY PRODUCTS OR CONTENT, INCLUDING LINKS, PROVIDED VIA THE SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, DENTALRX DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, SUBMISSIONS, CONTENT, AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES, OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 


IN ADDITION, DENTALRX DOES NOT REPRESENT OR WARRANT THAT THE SITES, SUBMISSIONS, CONTENT, OR ANY PRODUCTS, SERVICES, OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITES IS SECURE, ACCURATE, COMPLETE, OR CURRENT OR THAT ANY PARTICULAR SERVICES WILL BE AVAILABLE. DENTALRX  WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR VISITING ANY WEBSITE LINKED TO IT.

THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. DENTALRX THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES, OR OMISSIONS MAY RELATE TO AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DENTALRX RESERVES THE RIGHT TO REFUSE TO PROVIDE ANY SERVICE BASED ON INCORRECT AVAILABILITY INFORMATION. 


  1. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, DENTALRX AND ITS PARENT, AFFILIATES, SUBSIDIARIES, SUCCESSORS, DISTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND THIRD-PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITES OR ANY CONTENT, ERRORS, OMISSIONS, VIRUSES, OR MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGE IS CAUSED DIRECTLY BY DENTALRX’S FRAUD, WILFUL MISCONDUCT, OR GROSS NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS MAY NOT ALLOW FOR THE EXCLUSION OR LIMITATION FOR CERTAIN LIABILITY OR DAMAGES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THESE BENEFITS. 

You agree that any claim you may have arising out of or related to your relationship with DentalRx must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.


Regardless of the previous paragraphs, if these limitations are held inapplicable or unenforceable for any reason, DentalRx is found to be liable, our liability to you or to any third party is limited to $100 CAD. 


DentalRx shall in no event be held responsible for the unavailability of the Sites, for any reason whatsoever, including but not limited to events beyond the reasonable such as Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, global pandemics, orders of domestic or foreign courts or tribunals or non-performance of third parties.


  1. INFORMAL RESOLUTION OF DISPUTES

If any dispute, controversy, or other claim that may arise between you and us (whether arising under any legal or equitable theory, and given the broadest meaning enforceable under law, a “Dispute”) arises between you and DentalRx, DentalRx is committed to working with you to reach a reasonable resolution. You and DentalRx agree to make good faith, informal efforts to resolve Disputes to seek a prompt, low‐cost and mutually beneficial outcome. Before initiating any proceeding, you and we must first give the other an opportunity to resolve the Dispute. We will reach out to you via your information on file and you will reach us by emailing us at legal@dentalrx.ca with the following information: (i) your name; (ii) your address; (iii) a written description of your claim in the Dispute; and (iv) a description of the specific relief you seek. If you and we do not resolve the Dispute within sixty (60) days after receiving said notification, you or we may pursue the Dispute in the exclusive jurisdiction of the courts located within the Province of British Columbia, Canada.


  1.  WAIVER OF JURY TRIAL & CLASS ACTION 

YOU AND DENTALRX HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND DENTALRX AGREE THAT, UNLESS OTHERWISE PROHIBITED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, OR RESOLVED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. You and DentalRx are electing that all disputes shall be resolved in the courts of the Province of British Columbia, Canada.


  1.  LIMITED TIME TO FILE CLAIMS

To the fullest extent permitted by applicable law, if you want to assert a claim against us, then you must commence it (by delivery of written notice as set forth herein) within one (1) year after the claim arises, or it will be forever barred. Commencing means, as applicable: (i) by delivery of written notice as set forth herein; or (ii) filing an action in a court. This provision will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any losses (or potential losses) relating to the Sites or our intellectual property rights.


  1. GOVERNING LAW

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Sites. Any infraction of the Terms shall be governed by the laws of the Province of British Columbia and the laws of Canada without regard to any conflict of law provisions of your domicile residence or physical location. At our discretion, we may report any infractions or violations relating to the Terms to the appropriate authorities. You and DentalRx each agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of British Columbia, Canada.


  1.  SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms will be reformed, construed, and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. The failure of DentalRx to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by DentalRx must be in writing and shall only apply to the specific instance identified in such writing. No waiver by DentalRx of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision. 


  1.  ENGLISH LANGUAGE

You agree it is the express wish between you and DentalRx that the ficial language of these Terms and all communications and agreements between DentalRx and you and any proceedings in connection with these Terms and/or your use of the Sites exclusively shall be made in the English language. DentalRx and you waive any rights we or you may have under any other law to have these Terms written in another language. Any translation of these Terms will be for convenience only.


  1.  NO PARTNERSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DentalRx as a result of these Terms, the Privacy Policy, or any use of the Sites. DentalRx's performance of these Terms is subject to existing laws and legal process. Nothing contained in these Terms or the Privacy Policy is in derogation of DentalRx's right to comply with law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by DentalRx with respect to such use.


  1.  ENTIRE AGREEMENT

These Terms, including all terms and conditions incorporated by reference herein and the Privacy Policy, constitute the entire agreement between you and DentalRx with respect to the Sites, and the Services provided by DentalRx, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and DentalRx with respect to the Sites.


  1. ASSIGNMENT

You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without DentalRx’s prior written consent. DentalRx may assign these Terms or any rights or licenses granted hereunder, at any time without notice.


  1. SURVIVAL

In addition to sections 7, 8, 10, 12, 16, 17, 18, 19, 20, 21, 22, all representations, warranties and conditions made by you in these Terms shall survive the termination of these Terms. Unless otherwise explicitly identified as terminating elsewhere in these Terms, all licenses granted by you in these Terms of use shall survive their termination. 


  1. QUESTIONS OR CONCERNS

If you have any concerns about material which appears on the Sites, please contact us by email: legal@dentalrx.ca