Last Updated: July 2017
TERMS AND CONDITIONS
Please read these terms and conditions carefully. If you do not agree to be bound by these terms and conditions, do not access or use this Website.
Welcome to the Website of Takara Belmont USA (“Takara Belmont”, “Belmont”, “Belmont Equipment”, “we”, “us”, or “our”). The following terms and conditions (the “Terms and Conditions”) govern your access to and use of dental.takarabelmont.com and belmontequip.com, including any content, functionality and services offered therein (collectively, the “Website”).
This Website is provided by Takara Belmont USA, Inc. By using this Website, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms and conditions contained herein will you be entitled to submit electronic orders. Takara Belmont USA, Inc. makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website.
This Website is not intended for persons under 18 years of age. By accessing the Website, you warrant and represent to the Website owner that you are legally entitled to do so and to make use of information made available via the Website. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms and Conditions.
We may update these Terms and Conditions from time to time in our sole discretion. We will post the “Last Updated” date above to reflect when last updated the Terms and Conditions. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes.
Intellectual Property Rights.
The Website and its entire contents, features and functionality (including, but not limited to, all information, software, functions, features, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Takara Belmont, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. By accessing and using the Website, you agree that you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website. You agree that you will not modify or make copies of any materials from this Website, or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Takara Belmont. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
Takara Belmont’s name and all related names, logos, product and service names, designs and slogans are trademarks of Takara Belmont or its affiliates or its licensors, whether registered or not. You must not use such marks without the prior written permission of Takara Belmont or unless otherwise permitted under these Terms and Conditions. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
By accessing and using the Website, you agree that you will only use the Website for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
Additionally, you agree not to:
Reliance on Information Posted.
The information presented on or through the Website is made available solely for general information purposes. We disclaim any and all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Please note that this Website may include content provided by third parties. All statements and/or opinions expressed in third party content, other than the content provided by Takara Belmont, are solely the opinions and the responsibility of the person or entity providing those materials. 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.
Changes to the Website.
We may update the content on this Website from time to time, but we are under no obligation to do so. You acknowledge and agree that any of the content on the Website may be out of date at any given time.
Disclaimer of Warranties.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, TAKARA BELMONT AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TAKARA BELMONT DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THAT THE WEBSITE AND ITS CONTENT WILL BE SATISFACTORY TO YOU. WITHOUT LIMITING THE FOREGOING, NEITHER TAKARA BELMONT NOR ANYONE ASSOCIATED WITH TAKARA BELMONT REPRESENTS OR WARRANTS THAT THE WEBSITE AND ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE AND ITS CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
No Class Actions.
YOU AGREE THAT YOU WILL NOT FILE A CLASS ACTION, OR PARTICIPATE IN A CLASS ACTION AGAINST US OR OUR AFFILIATES.
Waiver of California Civil Code Section 1542.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS:
“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.”
Limitation of Liability.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL TAKARA BELMONT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT OR ANY WEBSITES LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TAKARA BELMONT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DATA SECURITY BREACH, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR DEVICE, PROGRAMS OR APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE AND ITS CONTENT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITE AND/OR ITS CONTENT, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Takara Belmont, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising out of or relating to: (i) your use of the Website or (ii) your violation of these Terms and Conditions. Takara Belmont may, in its sole discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without Takara Belmont’s prior written approval. Takara Belmont reserves the right to assume exclusive defense and control of any such claim or action.
Third Party Sites.
The Website may link to third party websites. Takara Belmont has no control over such websites and is not responsible for the availability of such external websites. Takara Belmont does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such third party websites linked from the Website. Furthermore, Takara Belmont does not make any representations regarding the content or accuracy of materials on such third party websites and your use of third party websites is at your own risk and subject to the terms and conditions and policies and procedures of such websites.
Governing Law and Jurisdiction.
The Website is controlled by Takara Belmont from its offices in Somerset, New Jersey, in the United States of America. All matters relating to access to, or use of, the Website shall be governed by the laws of the State of New Jersey. Any legal action or proceeding relating to access to, or use of, the Website or the information it contains shall be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey.
If the court in your country will not apply New Jersey law, or if the courts in your country will not permit you to consent to the jurisdiction of the courts in New Jersey, then your local law and jurisdiction will apply to such disputes related to these Terms and Conditions. By accessing or using the Website, you agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms and Conditions will remain in full force and effect while you are a user of the Website. Takara Belmont reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to, immediate termination of your ability to access the Website provided to you by Takara Belmont, upon any breach by you of these Terms and Conditions or if Takara Belmont is unable to verify or authenticate any information you submit to the Website registration. Even after you are no longer a user of the Website, certain provisions of these Terms and Conditions will remain in effect.
No waiver of by Takara Belmont of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Takara Belmont to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
If you have any questions about these Terms, please contact us at (800) 223-1192.