1. ACCEPTANCE OF TERMS
Welcome to XDENT. XDENT owns and provides various websites, services, and software that facilitate online scheduling and management of appointments (collectively, the “Services”). By accessing and using the Services you agree that you are authorized to accept the terms set forth below (the “Terms of Use”) on behalf of yourself and your company, and that you and your company are and will be bound by the Terms of Use. In these Terms of Use, we may refer to XDENT.com as “XDENT,” “us,” “our,” or “we,” and “you” or “your” shall refer to you and your company. Any and all use of the Services is subject to these Terms of Use. If you do not agree to be subject to these Terms of Use, do not use the Services. By continuing to use the Services, you agree to be bound by these Terms of Use.
We reserve the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use, available on the XDENT website periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Use will signify your acceptance of those changes.
2. SCOPE OF AGREEMENT
These Terms of Use cover your use of the Services, including, but not limited to, the process by which consumers schedule and manage appointments with you as well as your management of such appointments through the Services, and you agree that these Terms of Use apply to your use of the Services. By using the Services, you also consent and agree to the terms of the XDENT Privacy Policy, and all other XDENT legal policies applicable to you, available on this website.
3. CHANGES TO THE SERVICES
XDENT has the right to change or modify, upgrade, add to, or discontinue the Services or any portion or feature thereof at any time without notice. XDENT also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Use without restriction.
4. REGISTRATION
You must register to access and use the Services. If you are registering on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company. The email address you provide during your registration will be the login for your XDENT account. Each account must have a unique email address and you agree that you shall not attempt to create more than one account under the same email address.
You represent that any information you provide during registration or at any time thereafter is true, accurate and complete and that you will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms of Use. You shall be responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account and under your password, whether or not made with your knowledge or authority. You further agree that any credit card information you provide during registration or at any time thereafter is valid and that you have authority to authorize payments from such credit card.
By registering, you agree that you will use the Services only for the purposes advertised on the XDENT website or in other marketing material published by XDENT, that you are a valid business desiring to use the Services to advertise your business and generate online appointments from consumers using the Services, and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you.
5. THE XDENT ADVERTISING NETWORK
In order to maximize the exposure of your business online and the number of appointments scheduled through the Services, XDENT may, at our sole discretion, enter into agreements with third party websites and businesses, create a profile page for your business on the XDENT website or on third party websites, optimize any current or future Internet listings for your business to take advantage of search engine marketing or lead generation opportunities, and perform any other acts we deem appropriate to increase traffic and use of the Services (the “XDENT Marketing Actions”).
The “XDENT Advertising Network” will include any and all search engine marketing or lead generation that XDENT undertakes on your behalf or to promote the Services and generate traffic to increase the number of appointments made through the Services, including but not limited to marketing and advertising effected through any of the XDENT Marketing Actions.
From time to time, at its sole discretion, XDENT may make specific offers to you to participate in the XDENT Advertising Network. The terms and conditions of these offers will be available to you at the time of the offer and acceptance of the offers will be at your discretion.
6. FEES; PAYMENT TERMS
When you subscribe to a paid account you choose your payment method via our payment provider. You may change your payment method at any time. If you tell the payment provider to stop using your payment method, we may cancel your service and delete appointments in your account.
You also agree to provide XDENT and its payment provider with complete and accurate billing and contact information. This information includes your legal company name, street address, email address, and name and telephone number of an authorized billing contact. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, XDENT reserves the right to terminate your access to the Services in addition to any other legal remedies.
The price for the service excludes all taxes and phone charges, unless stated otherwise. These taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider. XDENT reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the XDENT website and will be effective immediately.
You may cancel the service at any time, with or without cause. Go to the “My Account” section of your XDENT to obtain information on canceling your service. Unless stated to the contrary, all charges for paid versions of the XDENT Service are non-refundable, even if your use of the paid version of the XDENT Service is cancelled before the end of your current billing period.
7. ELECTRONIC COMMUNICATIONS
XDENT reserves the right to contact you from time to time for feedback about the Services and for service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, or notices posted on the XDENT websites. Notices will be deemed effective at the time they are sent by XDENT or as of date they are posted, regardless of whether you actually read any such notices.
You may opt-out of receiving notifications regarding appointments through the Services by logging into your account and changing the notification settings; opting-out of such notifications, however, will limit the effectiveness of the Services. You may not opt-out of receiving notifications relating to support of the Services or other notices as required by law.
You consent that any emails, surveys, other information or feedback you provide to XDENT through the Services or via any other medium, except for Personally Identifiable Information, as defined in the XDENT Privacy Policy, can be used by XDENT in any manner, including but not limited to for testimonials, reviews and ratings on XDENT or third party websites.
8. INTELLECTUAL PROPERTY
We grant you a license to use the Services in accordance with these Terms of Use. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services. We reserve all rights not expressly granted in these Terms of Use.
We retain all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the “XDENT Intellectual Property”) that are the exclusive property of XDENT and/or its licensors. We do not transfer any rights in or to the XDENT Intellectual Property to you.
Content of the Services that incorporates or includes any of the XDENT Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of XDENT or the rightful owner, as applicable.
9. CONFIDENTIAL INFORMATION
Confidential Information is any oral, written, graphic or machine-readable information disclosed by XDENT that is designated in writing to be confidential or proprietary or is otherwise reasonably understood to be confidential. Confidential Information shall include, but not be limited to, any and all data regarding the performance of any functionality of the Services. You agree to not disclose or use any Confidential Information without the prior written consent of XDENT, and to maintain the confidentiality of the Confidential Information.
10. USER WARRANTIES
It is your responsibility to use the Services properly and effectively. By using the Services, you warrant that you will use the Services only for the purposes advertised on the XDENT website, that you are a valid business desiring to use the Services to advertise your business and generate online appointments from customers using the Services, and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you. Any breach of this section will result in termination of your account. We reserve the right to pursue any remedies available to us at law or in equity for any breach of this Section.
11. USER RESPONSIBILITIES
You are responsible for ensuring that you can fulfill all appointments made through the Services and for communicating changes directly to your customers. You are responsible for managing availability for the online scheduling of appointments including settings for staff and services, bookable days and times for staff and services, and lead times as may be appropriate to prevent double-bookings and other events which would adversely affect your customers and their experience with the Services. You are responsible for reviewing your online appointments often and regularly. If you cannot honor any appointment made through the Services, you agree to promptly communicate such change to the relevant customers.
You are also responsible for all equipment required to access the Services, including (but not limited to):
a properly configured computer with broadband Internet access
a functioning and valid email address
any required software, including an accepted browser (currently Internet Explorer version 7.0 or later, Mozilla Firefox Version 1.5 or later) that is configured to accept cookies, download images, and run JavaScript;
any other equipment needed to access the Services.
12. USE OF THE SERVICES
You may not use the Services in any manner that is illegal or harmful to the Services. Among other restrictions, you agree that you shall not, nor shall you allow any third party to:
Use the Services through unauthorized interfaces or protocols
Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable
Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Services or Services software (accept as applicable law expressly permits)
Remove, obscure or alter any notices or indications of rights in or to the XDENT Intellectual Property
Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any XDENT servers
Take any action that imposes an unreasonable or large load on our infrastructure
Upload invalid data, viruses, worms, or other harmful software to the Services
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services, unless expressly permitted by XDENT
Use the Services in a way that disables the Services or prevents or inhibits anyone from using the Services
Impersonate any person or entity in order to use, or through use of, the Services.
13. USER SUBMISSIONS
Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by XDENT (“Content”) or by other users of the Services (“User Submissions”) to the Services website is owned by the party contributing such content. As a user of the Services, you are solely responsible for your own User Submissions. By transmitting your User Submissions, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. In connection with your User Submissions, you agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.
You shall retain all of your ownership rights in your User Submissions; however, by submitting material to XDENT, you grant XDENT the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Services and XDENT’s business, and to grant these rights to others. To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify XDENT for any claim regarding XDENT’s use of your User Submissions.
XDENT does not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential. When using the Services, you may be exposed to User Submissions from a variety of sources, and XDENT is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.
14. LINKS TO THIRD PARTY SITES
You may encounter hypertext links to websites operated by parties other than XDENT during your use of the Services and on the Gebook website. XDENT does not control such websites and is not responsible for nor can guarantee the content of such websites. Unless otherwise explicitly stated, the inclusion of any hypertext links to such websites in the Services or on the XDENT website does not imply any endorsement by XDENT of the material on such website or any association with their operators.
15. TERMINATION
Upon termination of your use of the Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate. In the event of such termination, you agree to remove any and all Content from all of your hard drives and any other storage media and to destroy all copies of the Content in your possession.
16. OUR RESPONSIBILITIES
XDENT is not responsible for providing assistance or support to you, including error corrections, upgrades, support, updates, bug fixes, enhancements, or other types of support. You agree that XDENT has no liability or responsibility for the storage or deletion of any User Submissions. XDENT reserves the right, but not the obligation, to remove any User Submissions at its discretion. We may monitor your use of the Services, to the extent permitted by law, to ensure compliance with these Terms of Use, satisfy legal requirements, or protect our rights and the right of others.
17. SOLE REMEDY
Your only remedy for any dispute with XDENT is to stop using the Services.
18. JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use and your use of the Services resides in the courts of the Czech Republic and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.
19. ENTIRE AGREEMENT / TRANSLATION / INTERPRETATION
These Terms of Use, other XDENT legal policies as posted on the XDENT websites, and any operating rules for the Services established by XDENT constitute the entire agreement between XDENT and you regarding your use of the Services. If any provision of these Terms of Use should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Use if no such modification is possible, and the other provisions of these Terms of Use shall remain in full force and effect. The section headings used are for convenience only and shall not be given any legal significance.
20. NO WAIVER
A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.
21. WARRANTY DISCLAIMER
The Services are provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.” YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. XDENT does not guarantee that users will be able to access the Services at all times or places, that XDENT will have adequate capacity for all users, OR THAT THE SERVICES WILL BE OPERABLE with your equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, XDENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement. XDENT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICES. XDENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND XDENT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
22. LIMITATION OF LIABILITY
IN NO EVENT SHALL XDENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.