TERMS OF SERVICES FOR DENTAL PARTNERSHIPS
This website is operated by GuardLab, Inc. GuardLab offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. These Terms of Service apply to all users of the site.
Please read these Terms of Service carefully before accessing or using our Dentist Network website or becoming a Certified GuardLab Dentist. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any available services.
In addition, when using these particular services, you shall be subject to any posted guidelines, rules or fees applicable to such services. Any participation by you on our Dentist Network website will constitute acceptance of this agreement.
“GuardLab” or “We” refers to GuardLab, Inc. and all of its employees
“Certified GuardLab Dentist” or “Certified Dentist” or "Dentist" or “You” refers to your Dental practice and all of its employees
“Account” means your GuardLab Certified Dentist sales account
“Agreement” means the agreement between You and GuardLab
“Product” refers to all of GuardLab products
“Site” refers to GuardLab’s main website and the Dentist Network website
"Service" refers to visiting our main website and the Dentist Network website or doing business with us
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
USE OF WEBSITE
The protected Dentist Network website is only intended for users with site access. You will not use the Site unlawfully or prohibited by these terms. The Site will be mostly used for informational purposes and for announcing changes to this Agreement. It will include training updates, product updates and product ordering.
Your standing as a GuardLab Certified Dentist may be reviewed at any time to ensure proper training and confirm that GuardLab standards are maintained. Failure to adhere to the regulations listed herein will result in an immediate suspension of your account.
IP RIGHTS / TRADEMARK RIGHTS
All IP Rights regarding this Site and Products are and shall remain the exclusive property of GuardLab or its licensors, as applicable.
Copyright of logos, texts, graphics, etc., are prohibited unless you have been given access to our marketing library, in which case you may only use these items in accordance with any attached brand guidelines. Your use must not mislead consumers as to any GuardLab sponsorship, affiliation or endorsement for other products and services without the express consent of GuardLab.
All artwork and marketing collaterals with respect to the Products shall be created and provided by GuardLab unless expressly approved by GuardLab prior to public release. The Dentist hereby agrees that any items submitted for approval will not be unreasonably disapproved and, if it is disapproved, may be corrected and resubmitted for approval thereafter. GuardLab will use social media accounts to advertise or promote GuardLab products and Certified Dentists, at its discretion.
LIABILITY RESULTING FROM THE USE OF THE PRODUCTS
All Products are sold with a product disclaimer which assumes that all risks entailed with sports activities are dangerous and GuardLab cannot guarantee, and are not providing any guarantee or warranty, that the use of this product will protect the user from injury.
Dentists are refrained from making any claims about our products safety or ability to prevent injury or concussion, and GuardLab is not responsible for any claims for liability against a Dentist.
SOFTWARE / EQUIPMENT PURCHASES OR REPAIRS
You are responsible for any associated costs for purchases or repair of software or hardware to maintain your standing as a Certified Dentist, including but not limited to: 3D scanners or POS systems, maintenance, upgrades to equipment, additional insurances purchased for these products, and so forth.
PAYMENT FOR PRODUCTS
All retail product purchases will be made direct by the consumer via the GuardLab website or the GuardLab POS system. GuardLab will not accept payments or invoices from Dentists for retail products.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Sales account information will be provided in writing or by email via monthly or quarterly statements. Payment will be forwarded to Dentists in the month following a completed sales cycle; i.e. revenue from January sales will be mailed out on February 15th.
GuardLab exclusively determines all retail prices for products and group rates. Dentists have no authority to increase or decrease the retail price at any time.
GuardLab only accepts payment for products via the GuardLab website or the GuardLab POS System.
ADULT - 18 YRS AND UP
Retail Price: $249.99
Revenue For Dentist: $100
Retail Price: $124.99
Revenue For Dentist: $25
Retail prices include applicable taxes and shipping
*Effective January 1, 2016
YOUTH - 17 YRS AND UNDER
Retail Price: $149.99
Revenue For Dentist: $50
Retail Price: $99.99
Revenue for Dentist: $25
Retail prices include applicable taxes and shipping
*Effective January 1, 2016
In addition to other regulations as set forth in the Terms of Service, you accept that: (a) in an effort to best service our clients, GuardLab may refer VIP clients to a Dentist to perform dental scans at no cost, and the Dentist understands that no revenue share will be provided for this service. If a Dentist submits an incomplete scan or neuromuscular bite, the Dentist agrees to repeat the procedure at no additional cost to GuardLab and no additional revenue share will be provided; and (b) in regards to all events where clients will be present and or be scanned for a GuardLab mouthguard, a minimum of two (2) weeks’ notice must be given to Us prior to the first day of the event to properly supply the appropriate materials needed, be they marketing necessities or supplies for our laboratory, to ensure preparedness and to avoid any interruption in our manufacturing schedule.
GuardLab will be responsible for all shipping and shipping charges for Products being sent direct to the consumer.
The Dentist understands and agrees that any returns or exchanges of Products will be handled directly between GuardLab and the consumer.
As part of the Service, GuardLab will provide online training information to you and your staff and it is your responsibility to ensure that all of your employees are properly trained and compliant at all times.
You are required to ensure your dental practice and staff remain in compliance with any local, state, federal or international laws regarding your professional establishment to maintain your Certified Dentist status.
The Dentist must supply GuardLab with three (3) fully articulated test scans to ensure each practitioner has taken the correct neuromuscular bite. Failure to produce the required test scans will result in a delay in the certification process and our Service.
The Dentist is solely responsible to pay a required one-time certification fee in full prior to receiving the GuardLab training or before any Services will commence.
Any personal information that is provided by you will be kept private and confidential; this information will be used with the sole intent of providing GuardLab services and for managing your account.
GuardLab reserves the right to immediately terminate or suspend access to your account, the Site, or your Certified Dentist standing, at any time with or without cause and without any advance notice.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any Agreements or policies or operating rules posted by us on this Site or in respect to the service constitutes the entire agreement and understanding between the Dentist and GuardLab and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service).
These Terms of Service and any separate Agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules.
CHANGES TO THE TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Dentist Network website. It is your responsibility to check our website periodically for changes. Your continued use of access to our Site or services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
If after reading this document you still have questions about the Terms of Service, please send us an email at [email protected].