These Legal Terms and Conditions apply to the entire Wheatland Dental Care website
and all portions of the website contained therein (this “Website”), excluding links to
third-party websites as provided below. These Legal Terms and Conditions shall apply
to any future portions of this Website, excluding links to other third-party websites as
provided below, unless otherwise stated.
USE OF THIS WEBSITE
Use of this Website and access to the material it contains is subject to the following
Legal Terms and Conditions as well as to all applicable laws, rules, and regulations. Your
access to and browsing of this Website constitutes your full acceptance of these Legal
Terms and Conditions. We reserve the right, at our sole discretion, to update or revise
these Legal Terms and Conditions. Please check these Legal Terms and Conditions
periodically for changes. Your continued use of this Website following the posting of any
changes to the Legal Terms and Conditions constitutes acceptance of those changes.
This Website is intended for general audiences 18 years of age and older, and access or
use by anyone younger is not authorized.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you will not use this Website for any purpose
that is unlawful or prohibited by these Legal Terms and Conditions. You may not use this
Website in any manner that could damage, disable, overburden, or impair any Wheatland Dental Care server, or the network(s) connected to any Wheatland Dental Care
server, or interfere with any other party's use and enjoyment of this Website. You may
not attempt to gain unauthorized access to any computer systems or networks
connected to any Wheatland Dental Care server or other systems, through hacking,
password mining or any other means. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available through
this Website. Wheatland Dental Care makes no representation that this Website is
appropriate or available for use in locations outside the United States, and accessing
this Website from territories where such content is illegal is prohibited. Those who
choose to access this Website from locations outside the United States do so at their
own initiative and are responsible for compliance with all applicable laws.
You are responsible for maintaining the confidentiality of your login information, and are
fully responsible for all activities that occur under your password or user name. You
agree (a) to immediately notify Wheatland Dental Care of any unauthorized use of your
password or user name or any other breach of security; and (b) to ensure that you exit
from your account at the end of each session.
LINKS TO OTHER WEBSITES
This Website may contain links to third-party websites not owned or managed by Wheatland Dental Care or its affiliates. Wheatland Dental Care provides such links solely for the
convenience of the visitors of this Website. Wheatland Dental Care is not responsible for
the accuracy, legal or regulatory compliance, decency, or any other aspect of the content
of such third-party sites, and such sites are not investigated, monitored, or checked for
accuracy or completeness by Wheatland Dental Care. The inclusion of links to such
policies on such third-party sites before utilizing their products or services as Wheatland Dental Care is not responsible for these areas.
Copyrights. Wheatland Dental Care is the owner or licensee of all copyrights in and to
the content on this Website, including without limitation, (i) all materials, documentation,
text, data, graphics, graphs, charts, buttons, photographs, videos, typefaces, music,
sounds, HTML code, and interfaces contained on this Website; and (ii) the design,
selection and arrangement of this Website. All rights reserved.
Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable,
limited right to access, use, and display this Website and the materials provided hereon
for the purpose of obtaining and reviewing your account information. Specifically, you
are granted permission to view or download a single copy of the material on this
Website solely to access our services, 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 other than that expressly permitted herein is forbidden.
Ownership of all such content shall at all times remain with Wheatland Dental Care or its
licensors. Wheatland Dental Care and its licensors reserve all rights not expressly
granted to you. Use of the copyrightable material on this Website for any purpose not
expressly authorized herein without the prior written permission of Wheatland Dental Care or its licensors is forbidden.
Trademarks. All trademarks, service marks, trade names, logos, and other designations
(collectively the "Marks") are the sole property of Wheatland Dental Care, DigiCert or
other third parties that have granted Wheatland Dental Care the right and license to use
such Marks. Nothing contained on this Website should be construed as granting any
license or right to use any such Marks without the written permission of Wheatland Dental Care or such third party that may own the Marks displayed.
Your Information. We reserve the right, and you authorize us, to use and freely assign all
information regarding the use of this Website by you and all information provided by you
in any manner consistent with our Privacy Statement. Click here to read our Privacy
Statement, which is incorporated into these Legal Terms and Conditions by reference.
TYPOGRAPHICAL OR OTHER ERRORS
While Wheatland Dental Care takes reasonable care and skill to provide information
which is accurate and up to date when first included on this Website, typographical and
other errors may nevertheless occur. Wheatland Dental Care 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 this Website at any time without notice to you.
While Wheatland Dental Care makes reasonable efforts to prevent unauthorized
tampering with this Website, Wheatland Dental Care does not guarantee that its efforts
will always be successful. Therefore, as set forth below, Wheatland Dental Care does not
warrant that the Website materials will be error-free. Wheatland Dental Care disclaims
any liability for such errors.
DISCLAIMER OF WARRANTIES
Wheatland Dental Care MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE
ACCURACY, TIMELINESS, OR COMPLETENESS OF THIS WEBSITE, MATERIALS, OR ANY
SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEBSITE.
Wheatland Dental Care PERIODICALLY AMENDS, CHANGES, ADDS, DELETES,
UPDATES, OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THESE
LEGAL TERMS AND CONDITIONS, CONTAINED IN THIS WEBSITE WITHOUT NOTICE.
FURTHER, Wheatland Dental Care ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE OR ANY SOFTWARE
INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEBSITE. Wheatland Dental Care SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON
THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED
ON THIS WEBSITE.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE."
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE ARE EXPRESSLY
Wheatland Dental Care makes no representations that this Website or its contents are
appropriate for use in every country of the world. Your use of this Website is at your own
risk and you are responsible for compliance with applicable local laws, keeping in mind
that access to this Website may not be legal by certain persons or in certain
Some states or nations may not allow the disclaimer of certain warranties, so the above
limitations may not apply to you in all cases.
LIMITATION OF LIABILITY
Use of this Website, its contents, or any software application installed by you in
connection with the use of this Website, is at your sole risk. While Wheatland Dental Care
makes reasonable efforts to ensure the safety and functionality of this Website, its
contents, and any software applications associated with this Website, these efforts may
fail and errors may occur.
IN NO EVENT SHALL Wheatland Dental Care OR ANY OTHER PARTY INVOLVED IN
THE CREATION, PRODUCTION, OR DELIVERY OF THIS WEBSITE, ITS CONTENTS, OR
ANY SOFTWARE APPLICATIONS ASSOCIATED WITH THIS WEBSITE 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 THIS WEBSITE, ITS
CONTENTS, OR ANY SOFTWARE APPLICATIONS INSTALLED IN CONNECTION WITH
THE USE OF THIS WEBSITE OR USERS' INABILITY TO USE THE CONTENT CONTAINED
IN THIS WEBSITE (OR ANY OTHER WEBSITE), HOWEVER CAUSED AND REGARDLESS OF
THE THEORY OF LIABILITY. Wheatland Dental Care WILL NOT BE LIABLE OR
RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR
RELIANCE ON THE CONTENT OF THIS WEBSITE. THESE WAIVERS APPLY EVEN IF
Wheatland Dental Care HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL Wheatland Dental Care’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 Wheatland Dental Care FOR ACCESSING THIS
WEBSITE OR INSTALLING ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS
WEBSITE. 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 LEGAL TERMS AND CONDITIONS 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 Wheatland Dental Care OR ANY OF ITS AFFILIATES, SERVICE PROVIDERS, OR BUSINESS PARTNERS AND
AVAILABLE THROUGH Wheatland Dental Care’S WEBSITES 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 THIS WEBSITE AND CAN BE IDENTIFIED BY THE USE OF
FORWARD-LOOKING TERMINOLOGY SUCH AS "MAY," "COULD," "EXPECT,"
"ANTICIPATE," "INTEND," "BELIEVE," "PLAN," "ESTIMATE," "FORECAST," "PROJECT,"
"ANTICIPATE," OR OTHER COMPARABLE TERMS OR THE NEGATIVE THEREOF. THE
COMPANY 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. THE COMPANY CAUTIONS THAT THESE
FACTORS MAY NOT BE EXHAUSTIVE AND THAT MANY OF THESE FACTORS ARE
BEYOND THE COMPANY'S ABILITY TO CONTROL OR PREDICT. ACCORDINGLY,
FORWARD-LOOKING STATEMENTS SHOULD NOT BE RELIED UPON AS A PREDICTION
OF ACTUAL RESULTS. THE COMPANY UNDERTAKES NO DUTY AND HAS NO
OBLIGATION TO UPDATE FORWARD-LOOKING STATEMENTS.
INDEMNIFICATION BY USER
You agree to defend, indemnify, and hold harmless Wheatland Dental Care and its
affiliates, parents, subsidiaries, and their respective employees, agents, contractors,
officers, directors, successors and assigns from all liabilities, claims, damages and
expenses, including without limitation attorneys' fees and costs, that arise from your use
or misuse of this Website, or use of any software application associated with the use of
Wheatland Dental Care shall have the right immediately to terminate this agreement with
you and your use of this Website if Wheatland Dental Care determines in its sole
discretion that you have breached any of these Legal Terms and Conditions or otherwise
been engaged in conduct which Wheatland Dental Care determines in its sole discretion
to be unacceptable.
CHOICE OF LAW AND FORUM
These Legal Terms and Conditions shall be governed by and construed in accordance
with the laws of the state of California, without regard to such state's rules regarding
conflicts of laws. By accessing this Website, you agree that the State and Federal courts
located in Los Angeles County, California shall have exclusive jurisdiction over all claims
and actions arising out of or relating to these Legal Terms and Conditions and/or your
use of this Website, 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.
A printed version of these Legal Terms and Conditions and of any notice given in
electronic form will be admissible in judicial or administrative proceedings relating to
these Legal Terms and Conditions to the same extent and subject to the same
conditions as other business documents originally generated and maintained in printed
form. For purposes of any dispute, Wheatland Dental Care’s records shall be conclusive
in all respects.
INTEGRATION AND SEVERABILITY
These Legal Terms and Conditions constitute the entire agreement between you and
Wheatland Dental Care with respect to this Website and supersede all prior or
contemporaneous communications and proposals (whether oral, written, or electronic)
between you and Wheatland Dental Care with respect to this Website. If any part of these
Legal Terms and Conditions is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions shall remain in full force
Any failure by Wheatland Dental Care to enforce or exercise any provision of these Legal
Terms and Conditions, or any related right, will not constitute a waiver of that provision