ToothIQ Pro Terms of Use

Please read the Terms of Use before using ToothIQPro.com.

Symbyos (www.symbyos.com) supports the rights of consumers to be fully informed about their oral health and treatment options, and the clinical urgency for treatment.

This Terms of Use Agreement sets forth the standards of use ToothIQPro.com. By using ToothIQPro.com, you ("User") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of ToothIQPro.com. Symbyos reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at, or linked to from, ToothIQPro.com. User's continued use of Services after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Services

ToothIQPro.com exists solely to inform dental professionals about patient education systems developed by Symbyos to enable dental professionals to efficiently educate patients, when a license to use the content is purchased from Symbyos by dental professionals. Users may not link directly to ToothIQPro.com animations, or otherwise use the content displayed on ToothIQPro.com without such a license.

2. Disclaimer of Warranties

ToothIQPro.com is provided by Symbyos, a Limited Liability Company Headquartered in Colorado, USA, on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Symbyos makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its specific applicability, correctness, accuracy, reliability, or otherwise. Symbyos shall have no liability for any interruptions in the use of this Website. Symbyos disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may be inapplicable in such jurisdictions.

DO NOT USE TOOTHIQPRO.COM AS A SUBSTITUTE FOR THE ADVICE OF A QUALIFIED DENTAL PROFESSIONAL! IF YOU ARE HAVING DENTAL SYMPTOMS, DO NOT DELAY IN BEING SEEN BY A DENTIST OR PHYSICIAN BASED ON SOMETHING YOU READ OR VIEW ON THESE SITES. IF YOU CHOOSE TO RELY ON INFORMATION PROVIDED ON THESE SITES, OR OTHER SITES TO WHICH THESE SITES MAY FURNISH LINKS OR WEB ADDRESSES, YOU DO SO AT YOUR OWN RISK. SYMBYOS IS NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE, OR ACTION TAKEN, BASED ON RELIANCE UPON THE INFORMATION CONTAINED OR PROVIDED INDIRECTLY THROUGH TOOTHIQPRO.COM.

Symbyos transacts all business in the State of Colorado, USA, and has no nexus in other States. All Users who purchase a license to use content developed by Symbyos purchase that right in, and subject to the laws of, Colorado. Maintaining this site does not constitute "doing business" or the establishment of "minimum contacts" in any jurisdiction, or soliciting business outside of the State of Colorado.

3. Children's Privacy

Symbyos is committed to protecting the privacy of children. With the exception of select oral health animations which may be provided for free by Symbyos, made available through ToothIQPro.com, and potentially hosted on third party sites,ToothIQPro.com is not intended or designed to attract children under the age of 13. We do not collect personally identifying information from any person known to be a child under the age of 13.

4. Use of Content

Use of the content displayed on ToothIQPro.com is restricted to Users who purchase a license to use the content from Symbyos ("Licensees"), and who stream the content from Symbyos servers or a Symbyos-approved mobile device. The content on ToothIQPro.com may not be de-compiled, reverse engineered, downloaded, reproduced, broadcast, or otherwise duplicated in any form by any user for any purpose. Commercial use, or reselling of the content on ToothIQPro.com is strictly forbidden. Violation of any of these terms will be prosecuted to the fullest extent of the law.

The content of ToothIQPro.com is protected by US and International Copyright Laws and Treaties. Ownership and Title to the content rests with Symbyos. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions, and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at the sole discretion of Symbyos. All rights not expressly granted herein are hereby assigned to Symbyos.

5. Limitation of Liability

SYMBYOS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SYMBYOS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO CONTENT OF OR USE OF TOOTHIQPRO.COM OR THE INFORMATION CONTAINED IN THE SITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SYMBYOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

6. Indemnification

User agrees to indemnify and hold Symbyos, its parents, subsidiaries, affiliates, members, managers, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of ToothIQPro.com or its content, the violation of this Agreement, or infringement by User, or other User of ToothIQPro.com or its content using User's computer, of any intellectual property or any other right of any person or entity.

7. Modifications and Interruption to Service

Symbyos reserves the right to modify or discontinue the Service with or without notice to the User. Symbyos shall not be liable to User or any third party should Symbyos exercise its right to modify or discontinue the Service. User acknowledges and accepts that, due to circumstances beyond its control, Symbyos cannot guarantee continuous, uninterrupted access to ToothIQPro.com and operation of ToothIQPro.com may be interfered with or adversely affected by numerous factors or circumstances outside of the control of Symbyos. For avoidance of doubt, Symbyos asserts in good faith that is will use all available means to provide continuous access to the content on ToothIQPro.com for Users licensing services from Symbyos for the monthly duration of the licensing arrangement between Symbyos and User.

8. Third-Party Sites

ToothIQPro.com may include links to other sites on the Internet that are owned and operated by online merchants and other third parties, as well as other sites owned by Symbyos. You acknowledge that Symbyos is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Symbyos is not responsible therein. We encourage all Users to review said privacy policies of third-parties' sites.

Links to third-party sites are provided solely for the convenience of the User, and Symbyos does not necessarily endorse materials or educational content presented, products, or services offered on those sites. If User chooses to access third-party sites, you do so at your own risk.

Other Symbyos sites to which links may be provided are governed by separate terms of use, and User's use of those sites use them subject to those terms.

SYMBYOS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SYMBYOS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO USE OF THIRD-PARTY WEB SITES OR THE INFORMATION CONTAINED IN THEM, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SYMBYOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

9. Disclaimer Regarding Accuracy of Vendor and Other Third-Party Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Symbyos makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Symbyos makes no warranties or representations whatsoever with regard to any educational content presented, products or services offered by any Vendor or other third-party, and you acknowledge that any reliance on representations and warranties provided by any Vendor or third-party shall be at your own risk.

10. Governing Jurisdiction of the Courts

ToothIQPro.com is operated and provided in the State of Colorado, USA. As such, Symbyos is subject to the laws of the State of Colorado, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. Symbyos makes no representation that its websites or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access ToothIQPro.com you agree to do so subject to the internal laws of the State of Colorado.

11. Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

12. Copyright and Trademark Information

All content included or available on ToothIQPro.com, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2008-2010 Symbyos, with all rights reserved, or is the property of Symbyos and/or third parties protected by intellectual property rights. Any use of materials on ToothIQPro.com, including reproduction for purposes other than those noted herein, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Symbyos is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy ToothIQPro web pages or the content contained therein without prior written permission of an authorized officer of Symbyos.

Symbyos™, ToothIQ™, ToothIQPro™, Symbyos.com™, and ToothIQ.com™, ToothIQPro.com™, Symbyos.net™, ToothIQ.net™, and ToothIQPro.net™ are proprietary marks of Symbyos and constitute a portion of its intellectual property (IP). Symbyos's IP may not be used in connection with any product or service that is not provided by Symbyos, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Symbyos.

All other trademarks displayed on Symbyos's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors or other third-parties. In addition, such use of trademarks or links to the web sites of Vendors or other third-parties is not intended to imply, directly or indirectly, that those Vendors or other third-parties endorse or have any affiliation with Symbyos.

The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any other material or element from ToothIQPro.com including, but not limited to the design or layout of the Site, individual elements of the Site's design, or the Symbyos or ToothIQ logo without the express written permission of Symbyos is strictly prohibited.

13. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Symbyos designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Mail: Symbyos P.O. Box 270571 Louisville, Colorado 80027-5009
Telephone: 720-890-6004
Email: toothiq_admin@symbyos.com

14. ToothIQ Pro Member Profile Information Disclaimer

All ToothIQ Pro Licensed Affiliate Dentist Profile information displayed on www.ToothIQPro.com is supplied to Symbyos by the individual ToothIQ Pro Licensed Affiliate Dental Professionals, and its accuracy is not independently verified by Symbyos. Symbyos makes no warranties, either expressed or implied as to the accuracy, validity, or truthfulness of assertions contained in the Licensed Affiliate Profiles, and is not responsible for any consequences arising out of inaccurate, invalid, or untruthful assertions, which may be contained within the Licensed Affiliate Profile. Symbyos provides this information solely as a convenience to users of ToothIQ.com and ToothIQPro.com and ToothIQ Pro Licensed Affiliate Dental Professionals, and recommends that all users independently verify the assertions of Licensed Affiliate Dental Professionals through any appropriate licensing authorities in the jurisdiction of the specific Licensed Affiliate Dental Professional if desired.

15. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Symbyos, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.