Effective Date: March 31, 2022
Please read these Terms of Service (these “Terms”) carefully, as they constitute a binding contract between you, an individual user (“you” or “your”) and Heartland Dental, LLC and its affiliates (collectively, “Heartland,” “we,” “us,” or “our”). These Terms of Use (“Terms”) apply to your access to, and use of our website heartland.com (the “Website”). THESE TERMS CONTAIN IMPORTANT PROVISIONS THAT LIMIT OUR LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES. By clicking “I accept” or by using or accessing the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website.
We reserve the right to change or otherwise modify these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. We may also notify you by sending an email notification to the address associated with your Account (as defined below) or providing notice through our Website. Your continued access or use of the Website after receiving notice of any update, modification or other change to these Terms signifies your acceptance thereof.
1. CREATING AN ACCOUNT; ACCESSING THE WEBSITE
To access and use certain features of the Website, you might need to register for an account (“Account”) by creating a password and providing your name, email address, phone number and other information. If you register for an Account, you must provide accurate information and promptly update this information if it changes. You may not permit any other person to access the Website using your user name and password, and the use of your Website is your responsibility. If you learn or suspect that your user name or password has been wrongfully used or disclosed, you should promptly notify us and immediately reset your password. To help ensure the security of your password or Account, please sign out of your Account at the end of each session.
2. PRIVACY
Heartland understands the importance of confidentiality and privacy regarding your information. Please see our Privacy Policy for a description of how we collect, use and disclose your personal information when you access or use the Website. By using the Website or by clicking to accept or agree to these Terms when this option is made available to you, you consent to our use of your information and our contacting you, in each case, in compliance with our Privacy Policy.
3. COMMUNICATION PREFERENCES
By creating an Account, you also consent to receive electronic communications from Heartland (e.g., via email, text message, or by posting notices to the Website). These communications may include operational notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. [When permitted by law, we may also send you promotional communications via email, including newsletters, special offers, surveys and other news and information we think will be of interest to you.] You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided.
4. PROPRIETARY RIGHTS
Heartland grants you a limited right to use the Website for your personal use. All original content, materials, features and functionality (including text, information, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, and search engines) available via the Website (the “Content”) are owned by Heartland and/or its licensors and may be protected by U.S. and foreign copyright, trademark and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right and license to access and use the Website and Content solely for your personal, non-commercial use; provided, however, that such license does not include any right to (a) sell or resell our Website and the Content; (b) copy, reproduce, distribute, publicly perform or publicly display Content, except as expressly permitted by us or our licensors; (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Website and the Content; (d) use any data mining, medical robots or similar data gathering or extraction methods; and (e) use our Website and the Content other than for their intended purposes. Except for this limited license granted to you, we reserve all other rights. This license may be revoked and terminated by us at any time and for any reason. Any unauthorized use, reproduction or distribution of the Website or Content is strictly prohibited and may result in termination of the license granted herein, as well as civil and/or criminal penalties.
All trademarks, trade names and logos appearing on or through the Website are owned or licensed by us. The “Heartland Dental” name and logo and all other Heartland names, marks, logos and other identifiers are trademarks and service marks of Heartland. You may not use or display any Heartland trademarks, trade names, or logos without our prior written permission. We reserve all rights.
If you choose to provide us with any comments, suggestions, ideas or other feedback, you agree that we have an unrestricted right to use them, and you are not entitled to receive any compensation.
5. PROHIBITED USES
We want to make sure the Website is a safe place for us and our users. For this reason, we need to have certain rules about the use of the Website, including certain conduct that is prohibited. You agree not to use the Website in any way or engage in any conduct that:
• is unlawful, illegal, or unauthorized;
• is likely to disrupt our service in any way; or
• infringes any copyright, trademark, trade secret, or other proprietary right of any other person; or
• advocates, promotes or assists any violence or any unlawful act.
We reserve the right at our sole discretion to terminate any user’s access to Website if they violate this Section 5 or any other provision of these Terms.
6. HEARTLAND IS NOT RESPONSIBLE FOR THIRD-PARTY CONTENT
The Website may contain links to third-party web sites, products, and services (each, a “Linked Third-Party Service”). Heartland is not responsible for the content of Linked Third-Party Services, and does not make any representations or warranties regarding the content or accuracy of any such content. When you access and use a Linked Third-Party Service, you are subject to that third party’s terms and conditions of use and privacy policy and you agree that Heartland is not responsible for and has made no representations or warranties, express or implied, regarding any Linked Third-Party Service and that Heartland shall have no liability relating to such Linked Third-Party Service except to the extent such liability is caused by the negligence of Heartland. Your use of any Linked Third-Party Service is at your own risk and subject to the terms and conditions of use for such offerings.
7. DISCLAIMER OF WARRANTIES
We provide the Website on an ‘as is’ and ‘as available’ basis without any promises or representations, expressed or implied. For example, we make no promises about how the Website will work, that they will be error-free, uninterrupted or have no defects. The law also provides certain implied warranties, such as warranties of merchantability and fitness for a particular use; we disclaim those warranties, meaning they do not apply to the Website.
8. DISCLAIMER OF WARRANTIES
THIS SECTION LIMITS THE DAMAGE YOU CAN RECOVER FROM US. NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE WEBSITE IS TO STOP USING THE WEBSITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9. TERMINATION
These Terms are effective unless and until terminated by either you or Heartland. You may terminate these Terms at any time, provided that you discontinue any further use of the Website. We also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the Website, for any reason, including without limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user of the Website. Upon any termination of the Terms by either you or us, you must promptly cease using the Website.
Termination will not limit any of our other rights and remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.
10. MANAGING DISPUTES
There are limitations to how you can resolve disputes with us and it is important that you understand them. You only have one year to file any claim against us related to the Website provided and you agree that you will only bring a claim against us on an individual basis, not as a plaintiff or class member as part of a class or representative action or proceeding.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US. LIMITATION ON TIME TO BRING AN ACTION
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be forever barred. You and Heartland agree that these Terms and any claim or dispute between you and Heartland relating to your use of the Website will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws’ provisions.
11. GENERAL
These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and Heartland with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sub-licensable by you except with Heartland’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. Heartland may assign, transfer or delegate this or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
12. CONTACT US
If you have any questions regarding our Website or these Terms, you can contact us at 866.929.0040.