Terms of use

SCOPE

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY. THESE WEBSITE TERMS OF USE (“TERMS”) MAY HAVE CHANGED SINCE YOUR LAST USE OF OUR SERVICE OR VISIT TO THE SITE. BY USING OUR SERVICES OR VISTING OUR SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE OUR SERVICES OR THE SITE.

FKG Dentaire SarL (“FKG”) provides this and other website features, applications and other products and services to you when you the INT-ENDO website (“Sites”), use FKG applications for mobile or use software provided by FKG in connection with any of the foregoing (collectively, “Services”).

These Terms apply to each Service and Site and all portions contained therein (excluding links to other websites as provided below). These Terms shall apply to any future portions of the Services and Sites (excluding links to other websites as provided below) unless otherwise stated.

USE OF THE SERVICES AND SITES.

By using the Services or visiting the Sites, you agree, on behalf of yourself and others who use any Service or Site under your account, that these Terms govern our relationship, to the extent that the parties do not otherwise have a written agreement in effect that conflicts with these Terms. You also agree to the following conditions. Using the Services or visiting the Sites is subject to applicable laws.

MODIFICATIONS.

We reserve the right, at our sole discretion, to change, modify, update, add to or revise these Terms, in whole or in part, at any time. Those changes will be effective when posted on the Service or Site, or on the effective date specified in such updated Terms. Please check the Terms periodically for changes. Your use of or access to the Services or Site following any changes becoming effective constitutes your acceptance of those changes and agreement to be bound thereby. If you object to any such changes, you may not continue to use or access the Services or Site and any part thereof and your sole recourse will be to stop using the Services or Site.

We reserve the right to make changes, updates, or modifications to the Services or Sites at any time for any reason without notice to you.

YOUR CONDUCT AND RESPONSIBILITIES.

As a condition of your use of the Services and Sites, you will not, and will not encourage or assist any third party to, do any of the following:

use the Services or Sites for any purpose that is unlawful or prohibited by these terms, conditions and notices;
use the Services or Sites in any manner that could or encourage others to harm, disrupt, damage, disable, overburden or impair any FKG server, or the network(s) connected to any FKG server, or interfere with the Services or Sites any other party's use and enjoyment of the Services or Sites;
attempt to gain unauthorized access to any computer systems or networks connected to any FKG server or other systems, through hacking, password mining or any other means;
obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services or Sites;
permit any third-party to directly or indirectly access the Services or Sites through your logon information;
transfer, redistribute, license or sublicense, copy, reverse-engineer, disassemble, attempt to derive the source code for, modify or create derivative works of the information contained in the Services or Sites;
directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive sell, rent, lease, copy, lend, broadcast, transmit or otherwise disseminate, or distribute any part of the information contained in the Services or Sites;
misrepresent your identity, impersonate any person or attempt to gain access to or illegally track any account, user, device, system or network related to the Services or Sites;
use the Services or Sites to publish, post, share, copy, store, backup or distribute material protected by intellectual property rights of a third party unless you own or have necessary rights to such material;
use the Services or Sites to train artificial intelligence or any engineered or machine-based system that is designed to operate with varying levels of autonomy and that can, for explicit or implicit objectives, generate outputs such as predictions, recommendations or decisions that influence physical or virtual environments, including generative models that can learn from inputs and create new outputs, such as text, images, audio or video; and facial or speech recognition or detection technology;
use the Services or Sites to publish, post, share, copy, store, backup or distribute material that contains viruses, Trojan horses, worms, corrupted files or any other similar software that may damage the operation of the Services or Sites or another person's device or property;
violate, circumvent or attempt to violate or circumvent any security measures employed by us; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of our servers, system or network or attempt to breach our data security or authentication procedures; attempt to interfere with the Services or Sites by any means including, without limitation, hacking our servers or systems, submitting a virus, overloading, mail-bombing or crashing;
alter or modify any disabling mechanism which may be included in Services or Sites;
collect or attempt to collect personal data, or any other kind of information about other users, including through spidering or scraping;
lease, rent, sell, transfer, distribute, re-license or sublicense the Services or Sites or use them or permit their use in a time-sharing arrangement, or
remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, etc.) from the Services or Sites.

Your use of the access credentials to the Services or Sites is personal to you and such credentials may not be shared with or used by third parties. All information contained in the Services or Sites is for your own personal use and may not be shared with third parties, even if they are analyzing such information for you. FKG reserves the right to revoke access to the Services or Sites for any reason, including but not limited to any use in violation of these terms. FKG makes no representation that the Services or Sites are appropriate or available for use in locations outside the United States, and accessing the Services or Sites from territories where such content is illegal is prohibited. Those who choose to access the Services or Sites from locations outside the United States do so at their own initiative and are responsible for compliance with all applicable laws.

SECURITY.

You are responsible for maintaining the confidentiality of your logon information, and are fully responsible for all activities that occur under your password or user name. You agree: (a) to immediately notify FKG in writing of any unauthorized use, loss or theft of your password or user name or any other breach of security and promptly change your password; and (b) to ensure that you exit from your account at the end of each session. It is your responsibility to safeguard your devices used to access or use the Services or Sites. The Services may use data received or obtained from your device or any applications thereon. You are solely responsible for any additional device usage fees, including without limitation fees for accessing the internet and transmitting data over a wireless carrier network.

LINKS TO OTHER WEBSITES.

The Services or Sites may contain links to other websites not owned or managed by FKG or its affiliates. FKG provides such links solely for the convenience of our visitors. FKG is not responsible for the accuracy, legal or regulatory compliance, decency or any other aspect of the content of such sites, and such sites are not investigated, monitored or checked for accuracy or completeness by FKG. The inclusion of links to such sites does not imply approval or endorsement of the site by FKG or any association with its operators. We urge you to read the terms of use policies on linked websites before utilizing their products or services as FKG is not responsible for these areas.

PROPRIETARY RIGHTS.

Copyrights. FKG and its affiliates are the exclusive owner or licensee of all content and copyrights in and to the content available through any Service or Site, including without limitation: (i) all materials, documentation, text, data, graphics, graphs, charts, buttons, button icons, photographs, videos, typefaces, music, sounds, HTML code, logos, images, audio clips, digital downloads, data compilations, software and interfaces; and (ii) the design, selection and arrangement of the Services and Sites. All rights reserved.

Unless otherwise specified and subject to and expressly conditioned upon your compliance with these Terms, FKG grants you a personal, non-exclusive, non-transferable, non-assignable limited, revocable right to access, use, and display the Services and this Site. Specifically, you are granted permission to view or download a single copy of the material on the Services or Sites solely to access our Services or Sites, place orders and review your account information. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content or any use of the content for any other purpose than that expressly permitted herein. Ownership of all such content shall at all times remain with FKG or its licensors. FKG and its licensors reserve all rights not expressly granted to you. Use of the copyrightable material on the Services or Sites for any purpose not expressly authorized herein without the prior written permission of FKG or its licensors is forbidden.

Trademarks. All trademarks, service marks, trade names, logos, graphics, page headers, button icons, scripts, service names and other designations (collectively the "Marks") are the sole property, trademarks or trade dress of FKG and its affiliates in the United States and other countries, or any other third parties that have granted FKG the right and license to use such Marks. Nothing contained on the Services or Site should be construed as granting any license or right to use any such Marks without the written permission of FKG or such third party that may own the Marks. The Marks may not be used in connection with any product or service that is not FKG’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits FKG. All other Marks not owned by FKG that appear in any Service or Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FKG.

Your Information. We reserve the right, and you authorize us, to use and freely assign all information regarding the use of the Services and Sites by you and all information provided by you in any manner consistent with our Privacy Information. Click here to read our Privacy Information, which is incorporated into these Terms by reference. FKG is free to use any comments, suggestions, recommendations and other feedback, including without limitation with respect to modifications, enhancements and improvements, (“Feedback”) you provide with respect to the Services or Sites for any purpose, without obligation. By submitting Feedback to us, you agree that you have the right to provide Feedback to us and that you hereby agree to grant FKG an irrevocable, worldwide, perpetual, royalty-free license to use the Feedback for any purpose, including without limitation to incorporate any such Feedback into the Services or Sites.

TYPOGRAPHICAL OR OTHER ERRORS.

While FKG takes reasonable care and skill to provide information which is accurate and up to date when first included on the Services and Sites, typographical and other errors may nevertheless occur. FKG does not undertake to update or correct such information and reserves the right to modify, delete and rearrange any or all of the contents of the Services or Sites at any time without notice to you. While FKG makes reasonable efforts to prevent unauthorized tampering with the Services and Sites, FKG does not guarantee that its efforts will always be successful. Therefore, as set below, FKG does not warranty that the Services or Site materials will be error-free, and disclaims any liability for such errors.

DISCLAIMER OF WARRANTIES.

FKG MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICES OR SITES. FURTHER, FKG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES OR SITES. FKG SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE SERVICES OR SITES. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED IN THE SERVICES OR ON THIS SITE.

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES OR SITES ("CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, NON-INFRINGEMENT AND TITLE.

FKG makes no representation that the Services or Sites or the Content are appropriate for use in every country of the world. Your use of the Services and Sites is at your own risk and you are responsible for compliance with applicable local, state, national and foreign laws, rules and regulations, keeping in mind that access to the Services or Sites may not be legal by certain persons or in certain jurisdictions. Some states or nations may not allow the disclaimer of certain warranties, so the above limitations may not apply to you in all cases. In that event, those warranties are limited to the minimum warranty period permitted by applicable law.

LIMITATION OF LIABILITY.

Use of the Services or Sites is at your sole risk. While FKG makes reasonable efforts to ensure the safety and functionality of our Services and Sites, these efforts may fail and errors may occur. IN NO EVENT SHALL FKG OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE CONTENT OF THE SERVICES OR SITES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR SITES (OR THE CONTENT PROVIDED IN THE SERVICES OR SITES RELATED TO ANY THIRD PARTY) OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THE SERVICES OR SITES (OR ANY OTHER WEBSITE), ON ANY THEORY OF LIABILITY. FKG WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICES OR SITES. THESE WAIVERS APPLY EVEN IF FKG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FKG'S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO HENRY SCHEIN FOR ACCESSING THE SERVICES OR SITES. OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE. Some states do not allow the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.

FORWARD LOOKING STATEMENTS.

THE CONTENT TOGETHER WITH ANY DOCUMENTS ISSUED BY FKG OR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS AND AVAILABLE THROUGH THE SERVICES OR SITES MAY CONTAIN FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE U.S. PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. THOSE STATEMENTS MAY APPEAR IN A NUMBER OF PLACES IN THE SERVICES OR SITES AND CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMINOLOGY SUCH AS "MAY," "COULD," "EXPECT," "ANTICIPATE," "INTEND," "BELIEVE," "PLAN," "ESTIMATE," "FORECAST," "PROJECT," OR OTHER COMPARABLE TERMS OR THE NEGATIVE THEREOF. FKG PROVIDES THE FOLLOWING CAUTIONARY REMARKS REGARDING IMPORTANT FACTORS WHICH, AMONG OTHERS, COULD CAUSE FUTURE RESULTS TO DIFFER MATERIALLY FROM THE FORWARD-LOOKING STATEMENTS, EXPECTATIONS AND ASSUMPTIONS EXPRESSED OR IMPLIED HEREIN. THE FORWARD-LOOKING STATEMENTS INCLUDED HEREIN ARE BASED ON THEN-CURRENT EXPECTATIONS OF MANAGEMENT. ALL FORWARD-LOOKING STATEMENTS MADE BY US ARE SUBJECT TO RISKS AND UNCERTAINTIES AND ARE NOT GUARANTIES OF FUTURE PERFORMANCE. FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN FACTORS, RISKS AND UNCERTAINTIES THAT MAY CAUSE OUR ACTUAL RESULTS, PERFORMANCE AND ACHIEVEMENTS, OR INDUSTRY RESULTS, TO BE MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE, OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS. THOSE FACTORS, RISKS AND UNCERTAINTIES INCLUDE, BUT ARE NOT LIMITED TO, THE FACTORS DESCRIBED UNDER "RISK FACTORS" DISCUSSED IN OUR PERIODIC FILINGS MADE WITH THE SECURITIES AND EXCHANGE COMMISSION. FKG CAUTIONS THAT THESE FACTORS MAY NOT BE EXHAUSTIVE AND THAT MANY OF THESE FACTORS ARE BEYOND FKG'S ABILITY TO CONTROL OR PREDICT. ACCORDINGLY, FORWARD-LOOKING STATEMENTS SHOULD NOT BE RELIED UPON AS A PREDICTION OF ACTUAL RESULTS. FKG UNDERTAKES NO DUTY AND HAS NO OBLIGATION TO UPDATE FORWARD-LOOKING STATEMENTS.

INDEMNIFICATION BY USER.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless FKG and its affiliates, parents, subsidiaries and their respective employees, agents, contractors, officers, directors, representatives, licensees, authorized designees, successors and assigns from all liabilities, claims, actions, costs, fees, damages and expenses, including without limitation attorneys' fees and costs, that arise from your use, misuse of the Services or Sites, your breach of these Terms and any activity related to your account. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination or cancellation of your use of or access to the Services or Sites. We will provide you with notification of any such claim or demand that is subject to your indemnification obligation.

TERMINATION.

FKG may immediately suspend or terminate these Terms and your use of the Services or Sites, or any portion thereof, such as discontinuing the availability of the Services or Sites on a particular device, at any time and without notice to you. For example, we may suspend or terminate your access to or use of the Services or Sites for the actual or suspected violation of these Terms. If, in our determination, the suspension might be indefinite or we have elected to terminate your access to the Services or Sites, we may use reasonable efforts to notify you.

CHOICE OF LAW AND FORUM.

These Terms shall be governed by and construed in accordance with the laws of the state of New York, without regard to such state's rules regarding conflicts of laws. By accessing the Services or Sites, you agree that courts located in the Eastern and Southern Districts of New York or in the counties within those federal judicial districts shall have exclusive jurisdiction over all claims and actions arising out of or relating to these Terms and/or your use of the Services or Sites, and you further agree and submit to the exercise of personal jurisdiction of such courts and consent to extra-territorial service of process for the purpose of litigating any such claim or action.

ARBITRATION.

All Claims (as defined below) related to or arising under or relating to these Terms (except for Claims for non-payment of amounts due to FKG for the sale of products) are to be exclusively and finally determined by binding arbitration in the Frankfurt, Germany, or another location mutually agreeable to the parties. Any and all Claims must be arbitrated on an individual basis, and there shall be no right or authority for any Claims or disputes to be arbitrated on a class action or collective basis. For avoidance of doubt, each party irrevocably waives any right to: (i) have any Claim resolved in connection with any class action or collective action, or (ii) recover any damages or relief directly or indirectly as part of any class action or collective action. The arbitration shall be conducted on a confidential basis pursuant to the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in the disputed subject matter and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be or has been at any time employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. To the extent that any Claim or dispute is determined to not be subject to arbitration, all other Claims or disputes that would otherwise be subject to arbitration must be arbitrated. As used in this Agreement, “Claims” shall mean any and all liabilities, disputes and expenses whatsoever including, without limitation, claims, adversary proceedings (whether before a court, administrative agency or any other tribunal), damages (whether compensatory, multiple, exemplary or punitive), judgments, awards, penalties, settlements, investigations, costs, responses to subpoenas or other governmental directives and reasonable attorneys’ fees and disbursements with respect to any claims that may be sustained, suffered or incurred by a party hereto.

WAIVER.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

FORCE MAJEURE.

We will not be liable to you for any delay, interruption or other failure to perform under these Terms due to acts beyond our reasonable control, including without limitation natural disasters, wars, riots, terrorist activities, ransomware attacks, internet service disruptions, providers and other third parties, pandemics, explosions and fires, strikes and labor disputes, governmental decrees and other acts beyond our reasonable control.

ASSIGNMENT.

We may assign or transfer these Terms or our rights and obligations under these Terms, in whole or in part, to any third party at any time without notice. You may not assign or transfer these Terms or any of your rights and obligations, in whole or in part, without our prior written consent, and any attempt by you to do so will be invalid and void.

INDEPENDENT CONTRACTORS; THIRD PARTY BENEFICIARIES.

You and we are independent contractors, and nothing in these Terms creates a partnership, employment relationship or agency. There are no third-party beneficiaries of these Terms.

RULES OF CONSTRUCTION.

Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms.

ELECTRONIC COMMUNICATIONS AND NOTICES.

From time to time we may need to get in touch with you regarding the Terms, the Services, the Sites and/or other matters related to your accounts thereon. We may provide information to you by email using the email address you provided to us when you opened your account. You consent to receive communications from us electronically. If you do not agree to receive notices regarding the Services by email, you must not use the Services. Notices emailed to you will be deemed received by you when the email is sent by us. We do not accept any liability or responsibility for emails or other electronic communications that are filtered, intercepted, lost, or not received. You agree that all disclosures, notices, agreements, and other communications you receive from us electronically satisfy any legal requirement for such communications to be in writing. You may be required to have certain hardware and software to access and retain such communications, which is your sole responsibility. You may provide legal notices to us by registered mail, return receipt requested, to the following address:

FKG Dentaire Sàrl
Le Crêt-du-Locle 4
2322 Le Crêt-du-Locle
Switzerland

T +41 32 924 22 44
info@fkg.ch.
https://www.fkg.ch/

SURVIVAL.

The following provisions shall remain in full force and effect notwithstanding any termination of your use of the Services or Sites: USE OF THE SERVICES AND SITES, PROPRIETARY RIGHTS, MODIFICATION OF THE SERVICE, MODIFICATION, TERMINATION, YOUR CONDUCT AND RESPONSIBILITIES, GOVERNING LAW, ARBITRATION, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY and INDEMNIFICATION BY USER.
Last Updated: v1/August 30, 2024