TERMS AND CONDITIONS | simpaticods

TERMS & CONDITIONS

Welcome to Simpatico Dental Studio and www.simpaticodentalstudio.com (the “Site”), which is provided by Simpatico Dental Studio, Inc. (“Simpatico Dental Studio,” “we”, “us” or “our”) in order to enable our valued customers (“you” for the purpose of these Terms & Conditions (our “Terms”)) to visit our Site, learn about and any of our products or services (our “Products”). In the event you are accessing our Site on behalf of an organization, company, or other legal entity (your “Organization”) the term “you” will also include your Organization. In such case, you represent that all information you provide to us on behalf of the Organization is, true, accurate and complete. We ask you to take a few moments to read these Terms, which govern all use of our Site and all orders and returns for our Products made through the Site. Please read these Terms carefully and thoroughly.

Changes to Terms

As we improve our Products or improve the features or functions we offer on this Site, we may need to update these Terms to add new terms that are relevant to such improvements. In the event we do make changes, the revised version of these Terms will be effective immediately upon posting such a revised version of these Terms or other notice on the Site. You should frequently review these Terms because your continued use of the Site after posting of a revised version signifies your consent such new Terms.

Use of the Site

The purpose of the Site is to enable you to learn more about our Products and services. Provided you comply with these Terms, our Privacy Policy, and our Shipping & Returns policy (collectively, the “Simpatico Dental Studio Policies”), we grant you a limited, non-exclusive, nontransferable, non-sub licensable license to access and use the Site to learn about our Products and place orders by creating an account and submitting a prescription slip. Any other access to or use of the Site or the Content (defined below) constitutes a violation of these Terms. No business or professional relationship is created in connection with any provision of the Content. When you create an account and/or submit a prescription slip, we will collect certain information from you, which may include your payment information. To learn how we collect, store, use and share your information, please read our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy. Simpatico Dental Studio cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your information when a prescription slip is submitted. You may never use another person’s or business information without permission. We reserve the right to terminate your Account, cancel any order, or to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by non-licensed doctors or practitioners. You agree to provide current, complete and accurate purchase and account information for all purchases made to Simpatico Dental Studio. You agree to promptly update your account and other information, including your email address and credit card numbers if necessary with their expiration dates, so that we can complete your transactions and contact you as needed.

Accessing, using, or copying any portion of the Site or of the Content through the use of bots, spiders, Web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content.

Electronic Communications

By using the Site and providing your contact and other information to Simpatico Dental Studio, you agree that we may send you communications via email regarding our Products and services. You will have the opportunity to “opt out” of receiving any future marketing emails at any time.

Information that you provide or that we collect about you and your Organization, in connection with your access to and use of the Site, is subject to our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy.

Security

We take commercially reasonable measures as we deem appropriate to secure and protect information transmitted to and from the Site or by phone and fax simile. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.

Content

You understand and agree that we own, or (where required, appropriate, or applicable) have licensed, all right, title and interest in and to the Site, including the features, materials, opportunities and services made available on or through the Site, and all information, text, data, graphics, Product images, sound recordings, audio and visual clips, logos, software and all other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of us or our licensors and content-providers. You may not reproduce, modify, copy, frame, publish, display, post, transmit, download, sell, create derivative works from, or distribute any Content, or any portion thereof, without the express prior written permission of us, except as indicated within these terms.

Product Information

Simpatico Dental Studio makes every attempt to ensure that our Site is as accurate and complete as possible. In order to give you the opportunity to learn about our services in great detail, some images may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly.

Pricing

Pricing for all our services will be determined on a case by case basis. We reserve the right to adjust our prices on a client by client and case by case basis.
Prices are subject to change without notice.

Third Party Content

We may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. We do not monitor or have any control over any Third Party Content or third party Sites. We do not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Simpatico Dental Studio does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

Links to the Site

Without our express, prior, written permission, you shall not: (i) “frame” the Site or any Content or otherwise cause the Site or any Content to appear in a window with any other material that does not constitute Content, (ii) cause the hyperlink to the Site, or the Site or any Content, to be displayed in any way that is disparaging to us or any entity that is affiliated or associated with us, or (iii) otherwise imply or state that any type of relationship or special arrangements exist with us and any other entity, (iv) use any trade name, trademark, or brand name of Simpatico Dental Studio in metatags, keywords and/or hidden text, including for the purpose of affiliate marketing.

Shipping and Receiving

Simpatico Dental Studio offers complimentary pickup and delivery services for our local Clients. The business hours are Monday through Friday from 8:00 a.m. to 5:00 p.m... Unpredicted delays are unlikely but possible so delivery time cannot always be guaranteed. If a delay takes place Simpatico Dental Studio representative will notify you accordingly. All non-local Clients are responsible for shipping cost. If you prefer to use your own shipping carrier please provide us with a tracking number upon shipping.

All cases are carefully inspected before shipping, therefore, please inspect the product immediately upon receiving and notify Simpatico Dental Studio if any damages are found.

Cancellation Policy

A contract (i.e. orders and/or services) becomes binding and is issued at the moment an order slip is received and accepted. The following cancellation rules will apply rights will be applied: an order can be cancelled at no charge if Simpatico Dental Studio is notified in writing within 24 hours of receiving (special conditions apply). If cancellations take place after 24 hours, refund will be determined on a case by case basis and be subject to the specific stage of completion on each order.

Any case that needs to be returned to Client’s office upon request for mounting, die trim, wax check, and other corrections will be cancelled within 60 days of inactivity and a bill for the work completed will be added to the customer’s account and charged in the following billing cycle.

Operating Policy and Turnaround Time

We strive to provide our clients with the highest quality restorations and outstanding service, so we require sufficient time in order to inspect, fabricate, and deliver the order. Average turnaround is 10 business days from receiving the order to completion and delivery. Turnaround time does not include pick-up and delivery days, weekends or holidays. Please schedule dental appointments for patients one day ahead of the expected order delivery. Rush service is available at additional fees and subject to change without notice during the holidays. Please call to check schedule and availability.

Rush Service

Rush services are available on a case by case basis. Additional fees will be incurred when requesting a rush service. Our team will contact you with a quote and upon your written or verbal approval; we will proceed to complete your order within the designated and approved time frame.

Billing and Delinquent Invoices

An invoice is attached with every delivered case explaining all fees for completed products and services. All invoices are due within 30 days from the statement date. A credit card on file is required for each customer. Cash, checks and credit card payments are accepted (an additional fee may be applied to credit card payments). A bank fee plus a processing fee will be charged for all returned checks. A finance charge in the amount of 5% per month will be applied to any past due invoice or the maximum amount allowed by law if particular finance charge violates relevant laws. After 60 days delinquent accounts will be sent to collections and lose all future credit privileges. All payments, credits or discounts made or given to a customer will be applied first to late charges, second to past due balances and only after to current balances unless Simpatico Dental Studio and Client reach a different agreement.

Credit Policy and Prepayment Requirements.

All invoices are due at the end of each billing cycle. Our billing cycles normally close at the end of each month and we reserve the right to modify this conditions on a per account basis. If an account has delinquent invoices, privilege may be revoked and prepayment may be required. Also, if cost of parts or implants is above $1000.00 full or partial prepayment is required.

Warranty

If a client or patient is not fully satisfied with the final result, Simpatico Dental Studio will restore, correct, or change the order to Client and/or a patient complete satisfaction at no additional charge within 30 days from the day of delivery or before cementing.

Additional charge is applied for all remakes including any changes to the original RX slip, a request for new models and impressions that differ from an initial receipt.

The warranty for repair or replacement of fixed restorations is seven (7) years from a date of delivery.

An intra-oral photograph of the broken fixed restoration, the original lab slip, and a written explanation of the reason for the failure are required in order for the restoration to be replaced or refunded.

Limited Warranty is restricted to but no limited to the following:

• All repairs resulting from accidents, mistreatment, incorrect adjustments, poor dental hygiene, and failure of supportive tissue structures.

• Circumstances when Simpatico Dental Studio design and material recommendations are not followed and/or violated.

• Orders completed based on indistinct impressions and models, including impressions that are not placed in custom trays, more than 60 days old, or alginate impressions that are not poured immediately

• Cost occurred for removal or insertion.

• Any removable or fixed prosthetic (over three units) that have not been fitted properly before an actual restoration process.

• Any incidental, accidental or intentional damage due to malpractice, mishandle or misuse on behalf of the doctor, patient or any other third party which may additionally incur the following (not limited to): inconvenience, lost wages, chair time or pain and suffering.

Conditions of Warranty

• Prosthetic must be implanted and or cemented by a licensed and currently practicing dentist.

• Patient must follow necessary semi-annual dental maintenance program, such as cleaning & exam, in office of a licensed and currently practicing dentist.

• In order for credit to be issued complete dental prosthetic must be returned including model work.

Disclaimer Of Warranty

THE SITE AND THE CONTENT, AND ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THE COMPANY ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH THE COMPANY ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, YOUR ORGANIZATION, OR ANY THIRD-PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH COMPANY ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL SIMPATICO DENTAL STUDIO, IT’S CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, OR ANY OTHER THIRD-PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH:

I THE USE OF, OR RELIANCE ON, THE SITE, THE CONTENT, OR THE INFORMATION, MATERIALS AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR OTHERWISE MADE AVAILABLE BY US, INCLUDING ANY PRODUCTS;
THE USE, COPYING, OR DISPLAY OF THE SITE OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET;
OUR PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS;
ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU, YOUR ORGANIZATION, OTHER USERS OF THE SITE, OR OTHER THIRD-PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY NOT-FOR-PROFIT ORGANIZATIONS;
YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTIES; OR
THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF THE SITE OR ANY PRODUCT.

UNDER NO CIRCUMSTANCES SHALL SIMPATICO DENTAL STUDIO, ITS CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, ANY NOT-FOR-PROFIT ENTITY, OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF THIRD-PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (I) THROUGH (IV) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND OUR CONTROL, EVEN IF WE WERE ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF SIMPATICO DENTAL STUDIO, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF SIMPATICO DENTAL STUDIO, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD-PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR THE USE OF THE SITE, SIMPATICO DENTAL STUDIO AND SUCH PARTIES’ CUMULATIVE, AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Broward County, Florida and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this Site, any purchase from this Site, or these Terms and Conditions.

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Indemnification

You agree to indemnify, defend and hold Simpatico Dental Studio, and the officers, directors, employees and agents of Simpatico Dental Studio, harmless from and against all claims, demands, suits and all other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), your access to and use of the Content, the Site and other materials, products and services available on or through the Site and Simpatico Dental Studio, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability and to block and prevent your future access to the Site. Furthermore, we reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable by a court, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Communications With Us

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us, submit or post any content that contains confidential information. We are not responsible for the dissemination of personal, private or confidential information that is sent, posted or submitted to us via email, through the Site or through any social or electronic platform. YOU, AND NOT SIMPATICO DENTAL STUDO, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR REGISTERED USER CONTENT.

Questions

Please contact us with any questions regarding the Site or these Terms by e-mail info@simpaticodentalstudio.com

Acknowledgement

BY USING AND ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY REFERENCED HEREIN.