FullContour LLC TERMS and CONDITIONS
THIS MASTER AGREEMENT GOVERNS THE TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES OF FULLCONTOUR, LLC.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
This Agreement is effective between You and FullContour as of the date of You accepting this Agreement.
Services. FullContour, LLC, (“FullContour”) is an Arizona limited liability company, that designs dental prosthetics in various CAD systems, including but not limited to crowns, abutments, dentures, partial frames, copings, frameworks etc.
Information. You are responsible for providing FullContour with all information, including digital scans & design instructions, as is necessary for the design of such dental prosthetics. FullContour is not responsible for the accuracy or inaccuracy of any information received from You and transmitted to the laboratory or manufacturer. All dental prosthetics shall be designed from the information that You provide and You shall be solely responsible for the final QC of both the design and manufactured dental prosthetics upon completion.
Payment. Payment of the services requested by You and provided by FullContour shall be paid via an authorized credit card provided by You and maintained on file by FullContour. Accrued charges for services shall be paid weekly.
Pricing. The pricing of FullContour services is established in Your account with DropDental, LLC and is subject to change from time-to-time as may be approved by DropDental, LLC. All pricing for services provided by FullContour is subject to federal, state or local taxes as maybe applicable.
Warranties and Representations. You are fully responsible for all finished designs, images or other information provided to FullContour and which FullContour will provide to the laboratory(ies) or manufacturers of the dental products. FullContour makes no warranties or representations to You or any third party(ies) regarding the accuracy of such information or the dental products produced therefrom. FullContour uses DropDental to transmit and deliver the finished designs to the integrated manufactures as a file transfer system. All files that are submitted to FullContour without selecting "Requires Design Approval" will be sent to the manufacture directly and the laboratory is solely and fully responsible and liable for the final product(s) produced therefrom. The laboratory has the option to select "Requires Design Approval" in order to approve the final designs prior to the case getting sent to the manufacture to avoid any mistakes. "Requires Design Approval" is highly recommending by FullContour. On certain dental prosthetic designs, FullContour may automatically suggest that You engage in the Design Approval process. In the event that You bypass the Design Approval Option, then you accept and assume full responsibility for all dental products produced and/or any and all liability to any third party(ies) arising therefrom.
Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER FULLCONTOUR MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CONTENT AND BETA SERVICES ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY(IES). IN NO EVENT SHALL FULLCONTOUR BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, FULLCONTOUR’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification. FullContour does NOT agree to indemnify, defend or to hold You against or from any claims, causes of action and/or damages to any third party(ies) resulting from or arising out of the use of FullContour’s services or from any defect in any dental product manufactured or produced by any laboratory or manufacturer. You agree to fully indemnify, defend and hold FullContour harmless from any and all claims, causes of actions or damages arising out of or otherwise resulting from any defect in any dental crowns, dentures and other related dental devices produced or manufactured using FullContour’s proprietary software platform, including any claims of bodily injury, property damage or other form of injury resulting from said defect.
Applicable Law and Jurisdiction. This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Phoenix, Arizona and the parties irrevocably waive any objection to such venue.