FullContour LLC Terms & Conditions

Last Modified: April 13th 2018

If you would like to see past versions of the FullContour LLC Terms & Conditions, please contact us at info@fullcontour.com and we would be happy to provide you with a copy of any prior version.

Article A – Generally Applicable Terms

1.    Applicability of these Terms and Conditions

FullContour, LLC, an Arizona limited liability company, ("FullContour") provides professional design services for dental prosthetics in various CAD systems, including but not limited to crowns, abutments, surgical guides, clear aligners, orthodontic appliances, dentures, partial frames, copings, frameworks, and other related dental prosthetic devices (collectively, the "Professional Services") and a website (www.fullcontour.com) and web-based platform for use in transmitting and communicating about such dental prosthetic designs (collectively, the website and web-based platform are referred to herein as the "FullContour Platform").  The Professional Services and use rights for the FullContour Platform are purchased from FullContour by a customer (the "Customer") for use by that Customer's authorized users (each a "User" and collectively, the "Users"). Users may or may not be employees of the Customer.  For example, Users may include employees of the Customer, as well as non-employee dental labs, manufacturers and clinicians who have a relationship with the Customer. 

The FullContour LLC Terms & Conditions (the "Agreement") is a legally binding contract between FullContour and you, the prospective user or Customer. If you are a Customer, Articles A, B and C of this Agreement apply to you.  If you are not a Customer, but a User, then only Articles A and B of this Agreement apply to you.

For more information or if you have any questions about these terms of use, including what legal terms apply to you, please contact us at info@FullContour.com.

2.    Acceptance of Terms of Use

This Agreement is between you and FullContour.   

By accessing or using the Professional Services or FullContour Platform, or by clicking to accept or agree to the Agreement when this option is made available, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound and abide by the Agreement, which include our Privacy Policy, incorporated herein by reference.  If you do not wish to agree to the Agreement or the Privacy Policy, you must not access or use the Professional Services or FullContour Platform.  

 

The Professional Services and FullContour Platform are offered and available to users who are eighteen (18) years of age or older.  By using the Professional Services or FullContour Platform you represent and warrant that you are of legal age to form a binding contract with FullContour.

 

Also, please note that we may revise and update this Agreement from time to time in our sole discretion.  All changes are effective immediately when posted and apply to all access to and use of the Professional Services or FullContour Platform thereafter.  Your continued use of the Professional Services or FullContour Platform following the posting of changes means that you accept and agree to the changes.   It is your responsibility to check this Agreement periodically for changes, as these changes are binding on you.  

The material provided through our Professional Services and FullContour Platform is protected by law, including, but not limited to, United States copyright law and international treaties. The Professional Services and FullContour Platform are controlled and operated by FullContour from its offices within the United States. FullContour makes no representation that materials in the Professional Services and FullContour Platform are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Professional Services and FullContour Platform from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.

The FullContour Platform offers you an efficient means to bridge production gaps between laboratories, dental manufacturers and clinicians. Your use of the FullContour Platform and/or purchase of the Professional Services may include providing PHI, as such term is defined in the BAA. By using the FullContour Platform, you understand and acknowledge (i) FullContour is not providing medical care, dental care, or treatment-related advice to you, we are merely a professional design service; and (ii) that the Professional Services and use of the FullContour Platform are also governed by FullContour's Business Associate Agreement (“BAA”), as it may be modified over time. 

3.    Governing Law and Dispute Resolution

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.

4.    Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FULLCONTOUR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FULLCONTOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROFESSIONAL SERVICES OR FULLCONTOUR PLATFORM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE FULLCONTOUR PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FULLCONTOUR PLATFORM; OR (v) ANY OTHER MATTER RELATING TO THE PROFESSIONAL SERVICES OR FULLCONTOUR PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ALSO AGREE THAT FULLCONTOUR WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE FULLCONTOUR PLATFORM OR THE WEB SITE(S) YOU ACCESS THROUGH THE FULLCONTOUR PLATFORM, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND ANY EVENTS BEYOND FULLCONTOUR’S REASONABLE CONTROL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FULLCONTOUR'S MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR UNDER ANY OTHER FORM OF LIABILITY) FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID TO FULLCONTOUR BY YOU IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING EVENTS FIRST GIVING RISE TO THE CLAIM.

5.    Severability.

In the event that any provision of this Agreement is unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not affect the other provisions of this Agreement and this Agreement shall be construed as if such unenforceable or invalid provision had never been contained herein.

6.    Notices.

Notices to FullContour shall be sent to 17505 N. 79thAve #412 Glendale, AZ 85308

FullContour shall provide all notices to Users under this Agreement by email, although we may instead choose to provide notice via the FullContour Platform or your then-current postal address on file with FullContour.  For purposes of messages and notices about the FullContour Platform applicable to all Users, FullContour may place a banner notice across the FullContour Platform to alert you. You also agree that FullContour may communicate with you through other means including email, mobile number, telephone, or delivery services including the postal service, about your account or services. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the FullContour Platform.

7.    Entire Agreement.

You agree that this Agreement, including the documents incorporated herein by reference, constitutes the entire, complete and exclusive agreement between you and us regarding the Professional Services and FullContour Platform and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.  Except as set forth otherwise in this Agreement, this Agreement cannot be modified or amended except in a writing executed by both parties that specifically references this Agreement and states that it is to amend the Agreement.

 

8.    No informal waivers, agreements or representations.

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. No representations, statements, consents, waivers or other acts or omissions by FullContour shall be deemed legally binding on FullContour, unless documented in a physical writing hand signed by a duly appointed officer of FullContour.

 

Article B – Terms for Use of the FullContour Platform.

9.    Customer Users and Non-Customer Users.

The terms set forth in this Article B apply to all Users of the FullContour Platform, whether such User is a Customer of FullContour or not.  Each User agrees to the terms in this Article B. In addition, each Customer is responsible for ensuring that all of such Customer's authorized Users comply with the terms of this Article B when using the FullContour Platform.

If you are a User that has been invited to use the FullContour Platform by one or more Customers, your user of the FullContour Platform is controlled by each Customer as to that Customer's accounts.  The Customer who invited you to use the FullContour Platform has separately agreed to this Agreement, which permits that Customer to create and configure User accounts so that you and others may join as authorized Users.  When a User, such as you, submits any content or information to the FullContour Platform ("Customer Data"), you acknowledge and agree that the Customer Data is owned by the Customer and the Customer has choices and control over that Customer Data.  These choices and controls may result in the access, use, disclosure, modification or deletion of Customer Data submitted by you.  

AS BETWEEN FULLCONTOUR AND CUSTOMER, YOU AGREE THAT CUSTOMER IS SOLELY RESPONSIBLE TO (A) INFORM USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY FULLCONTOUR PLATFORM SETTINGS THAT MAY IMPACT ON THE HANDLING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS, OR CONSENTS FROM USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE FULLCONTOUR PLATFORM, AND (C) RESPOND TO AN RESOLVE ANY DISPUTE WITH A USER RELATED TO OR BASED ON CUSTOMER DATA, THE FULLCONTOUR PLATFORM OR CUSTOMER'S FAILURE TO FULFILL THESE OBLIGATIONS.  

10.  Ownership and Proprietary Information

Other than Customer Data, the content and information on the FullContour Platform (“FullContour Content”) is proprietary to FullContour or its licensors, suppliers, publishers, rights holders, or other content providers (collectively, and individually, “FullContour Content Providers”). You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any FullContour Content obtained from or through FullContour.

Subject to your compliance with this Agreement, as applicable, FullContour Content Providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the FullContour Content. This license does not include any resale or commercial use of any FullContour Content; any collection and use of any product listings, descriptions, or prices; any derivative use of any FullContour Content; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by FullContour Content Providers.

11.  Registration, Accounts, and Passwords

If you establish a personal account with us, you agree to provide true and accurate data about yourself on our account registration form, and to update and keep such data current. You will receive a password and account upon completing the registration process. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. FullContour cannot and will not be liable for any loss or damage arising from your failure to comply with these terms. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account each time you use the FullContour Platform. Access and use of password-protected and/or secure areas of the FullContour Platform is restricted to users who have been given a valid password by FullContour. We may terminate your membership and access to our FullContour Platform and to the Services if we learn that you have provided us with false or misleading registration data.

12.  Mobile Terms

If you are receiving special offers from FullContour via email, SMS text message, or otherwise, you can unsubscribe via the links provided in the email at any time or by contacting us at info@FullContour.com or text instructions regarding opting out.

By opting to receive special offers from us, you consent to receiving, from time to time, text messages or emails which may include alerts, promotions, offers, polls, and giveaways. Message frequency varies based on user and other factors. Message and data rates may apply and, if so, are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us and for other business purposes.

13.  Payment

The FullContour Platform is provided to Users free of charge for as long as the Customer authorizing such User access is in good-standing with FullContour, including but not limited to that such Customer is current on all amounts owed FullContour for Professional Services purchased by the Customer.

14.  Use Restrictions and Intellectual Property

The FullContour Platform may contain proprietary and copyright information, the terms of which must be observed and followed. Any unauthorized use of any FullContour Content contained on the FullContour Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part.

You will not upload, post or otherwise make available on the FullContour Platform any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify FullContour for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you or (in the case of a Customer) any of your Users.

The FullContour Content may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of FullContour. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FullContour without express written consent. You may not use any meta tags or any other “hidden text” utilizing FullContour’s name or trademarks without the express written consent of FullContour. You may not misuse FullContour Content. You may use FullContour Content only as permitted by law. The licenses granted herein terminate if you do not comply with this Agreement.

15.  U.S. Government Restricted Rights

The materials on FullContour are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of FullContour’s proprietary rights in them.

16.  Changes

Information on the FullContour Platform may be changed or updated without notice. FullContour may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

17.  Availability

Information that FullContour publishes on the FullContour Platform may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that FullContour intends to announce such products, programs or services in your country. Consult FullContour for information regarding the products, programs and services which may be available to you.

18.  Disclaimer of warranties as to FullContour Platform

THE FULLCONTOUR PLATFORM (INCLUDING ALL FULLCONTOUR CONTENT) MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY FULLCONTOUR ON AN “AS IS” BASIS ONLY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FULLCONTOUR PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. USE OF THE FULLCONTOUR PLATFORM (INCLUDING ALL FULLCONTOUR CONTENT) IS SOLELY AT YOUR RISK.. FULLCONTOUR MAKES NO WARRANTY THAT (i) THE FULLCONTOUR PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE FULLCONTOUR PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FULLCONTOUR PLATFORM WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, WEBSITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FULLCONTOUR PLATFORM WILL MEET YOUR EXPECTATIONS. . FULLCONTOUR EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE FULLCONTOUR PLATFORM WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”) AND AS MODIFIED AND AMENDED, THE GRAMM-LEACH-BLILEY ACT OF 1999 AND AS MODIFIED AND AMENDED, THE SARBANES-OXLEY ACT OF 2002 AND AS MODIFIED AND AMENDED, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE FULLCONTOUR PLATFORM, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. FULLCONTOUR DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FULLCONTOUR PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FULLCONTOUR OR THROUGH OR FROM THE FULLCONTOUR PLATFORM SHALL CREATE ANY WARRANTY. 

19.  Transmissions

Any material, information, or idea you transmit to or post on the FullContour Platform by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by FullContour or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing its products. Notwithstanding the foregoing, all personal data provided to FullContour will be handled in accordance with FullContour’s Privacy Policy, available online or by contacting FullContour at the email address provided at the top of this Agreement. You are prohibited from posting or transmitting to or from the FullContour Platform any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

20.  User Communications and Acceptable Uses

FullContour, at any time now or in the future, may allow you and other Users to use the FullContour Platform to communicate with each other.  Such communication rights, if included by FullContour in the FullContour Platform, will be set and controlled by the Customer that authorized the Users' access.   

To help ensure a safe and productive environment, all Users must comply with the following acceptable use standards when using the FullContour Platform, as well as promptly report any inappropriate behavior or content to the appropriate Customer and FullContour. 

i.          Acceptable Uses.  You agree to undertake the following:

a.        Comply with all applicable laws and government regulations, including, without limitation, privacy laws, intellectual property laws, export control laws, labor and employment laws, tax laws, and regulatory requirements;

b.       Upload and distribute only Customer Data to which Customer owns all required rights under law and under contractual and fiduciary relationships and do so only in compliance with all applicable laws and governmental regulations.

c.        Provide accurate information and update it as necessary;

d.       Use commercially reasonable efforts to prevent unauthorized access to our use of the FullContour Platform;

e.        Protect passwords and access to sensitive personal information and other information that is confidential in nature;

f.        Monitor and control activities conducted through your account;

g.       Promptly notify Customer and FullContour of you are aware of or suspect any illegal or unauthorized activity or security breach, including any loss, theft or unauthorized disclosure or use of a user name or password;

h.       Regularly review and comply with this Agreement

i.        Regularly review and comply with the FullContour Privacy Policy;

j.        Review and comply with notices sent by FullContour concerning the FullContour Platform; and

k.       Use the FullContour Platform in a professional manner.

 

ii.         Unacceptable Uses.  You agree not to do the following:

a.         Publish or input inaccurate information;

b.         Use or attempt to use another's account without authorization from FullContour, or create a false identity on FullContour;

c.         Upload, post, transmit or otherwise make available any content that: (a) is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable; (b) includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships; (c) infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; or (d) contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of FullContour or any User.

d.         Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the FullContour Platform, or any part thereof.

e.         Utilize or copy information, content or any data you view on and/or obtain from FullContour to provide any service that is competitive, in FullContour’s sole discretion, with FullContour;

f.          Adapt, modify or create derivative works based on FullContour intellectual property or technology underlying the FullContour Platform;

g.         Rent, lease, loan, trade, sell/re-sell access to the FullContour Platform or any information therein, or the equivalent, in whole or part;

h.         Remove any copyright, trademark or other proprietary rights notices contained in or on the FullContour Platform;

i.          Infringe or use FullContour’s brand, logos and/or trademarks, including, without limitation, using the words “Full Contour” in any business name, email, or URL, except as expressly permitted by FullContour;

j.          Access the FullContour Platform for purposes of monitoring FullContour’s availability, performance or functionality for any competitive purpose, including for purposes of building a similar or competitive product or service or to copy any ideas, features, functions or components of the FullContour Platform;

k.         Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the FullContour Platform;

l.          Attempt to or actually access the FullContour Platform by any means other than through the interfaces provided by FullContour;

m.        Attempt to or actually override any security component included in or underlying the FullContour Platform;

n.         use the FullContour Platform in violation of any law, including without limitation, HIPAA, 45 C.F.R. Part 2 (the “Part 2 Regulations”).

o.         Use the FullContour Platform in a manner that may harm minors or that interacts with or targets people who are under the age of eighteen;

p.         Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on FullContour’s infrastructure, including, but not limited to, attempting to gain unauthorized access to the FullContour Platform, or transmitting or activating computer viruses through or on the FullContour Platform;

q.         Interfere with or disrupt FullContour or the FullContour Platform, including, but not limited to, any servers or networks connected to FullContour.

By posting any materials or other information on or through the FullContour Platform, except to the extent prohibit by law, including HIPAA, you grant FullContour a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such materials or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights.  FullContour shall act in good faith to maintain all information provided by you through the FulContour Platform in accordance with FullContour's then-current data retention practices, but reserves the right to delete any information that FullContour believes in good faith to be creating an immediate risk of injury or harm to the FullContour Platform, FullContour, its Customers or other Users.

The FullContour Platform may contain links maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents. We expressly disclaim any representations regarding the content or accuracy of materials or the privacy practices related to such third parties.

21.  Termination and Suspension

In its sole and absolute discretion, with or without notice to you, FullContour may suspend or terminate your use of and access to the FullContour Platform, terminate your account without prior notice and for any reason, including, but not limited to: (i) concurrent access of the FullContour Platform with identical user identification, (ii) permitting another person or entity to use your user identification to access FullContour, (iii) any unauthorized access or use of FullContour, (iv) any suspected violation of this Agreement, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the FullContour Platform, or (vi) failure to use the FullContour Platform on a regular basis. You may terminate your account for any reason by emailing FullContour at info@FullContour.com. FullContour shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Service. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which FullContour may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to FullContour.  

22.  Digital Millennium Copyright Act (“DMCA”) Notice.

In the event materials are made available to the FullContour Platform by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the FullContour Platform. If you believe any materials on the FullContour Platform infringe a copyright, you should provide us with written notice that at a minimum contains:

i.     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii.    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

iii.   Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

iv.  Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

v.    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi.  A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Attn: Chief Technical Officer, FullContour LLC 17505 N. 79thAve #412 Glendale, AZ 85308

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Article C – Terms for Use of the FullContour Professional Services

23.  Information.

Customer is responsible for providing FullContour with all information, including digital scans & design instructions, as is necessary for FullContour to complete all Professional Services, including the design of such dental prosthetics. FullContour is not responsible for the accuracy or inaccuracy of any information received from Customer and its Users and transmitted to the laboratory, manufacturer or clinician (including if transmitted via the FullContour Platform). All dental prosthetics and any other Professional Services shall be completed from the information that Customer and its Users provide and Customer shall be solely responsible for the final quality control of both the design and manufactured dental prosthetics upon completion.

24.  Payment.

Payment of the Professional Services requested by Customer and provided by FullContour shall be paid via an authorized credit card provided by Customer and maintained on file by FullContour. Accrued charges for Professional Services shall be paid weekly.

25.  Pricing.

The pricing of FullContour Professional Services is established in the Customer account wand is subject to change from time-to-time in FullContour's discretion. All pricing for Professional Services provided by FullContour is subject to federal, state or local taxes as maybe applicable.

26.  Customer Responsibility for Finished Designs, Images and Products; Disclaimer of Warranties as to Professional Services

Customer is fully responsible for all Customer Data provided to FullContour, as well as for all finished designs, images or other information provided which FullContour will provide to the Customer and/or laboratory(ies), manufacturers or clinicians of the dental products. For the avoidance of any doubt, (a) if Customer is a prescribing clinician, Customer is responsible for viewing and approving the resulting designs from FullContour's Professional Services and (b) if Customer is not the prescribing clinician, Customer is responsible for ensuring that the resulting designs from FullContour's Professional Services meets the requirements of its clinician customer.  FullContour makes no warranties or representations to Customer, its Users or any third party(ies) regarding the accuracy of any information provided to FullContour and the resulting designs produced  by FullContour as part of its Professional Services, nor does FullContour make any warranties or representation as to the dental products produced therefrom. FullContour uses the FullContour Platform to transmit and deliver the finished designs to the integrated manufacturers, laboratories, and clinicians 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 Customer is solely and fully responsible and liable for the final product(s) produced therefrom. The Customer 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 Customer engage in the Design Approval process. In the event that Customer bypasses the Design Approval Option, then Customer accept and assume full responsibility for all dental products produced and/or any and all liability to any third party(ies) arising therefrom.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FULLCONOUR MAKES NO WARRANTY OF ANY KIND AS TO THE PROFESSIONAL SERVICES OR ANY DESIGNS RESULTING THEREFROM, 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. 

27.  Indemnification.

FullContour does NOT agree to indemnify, defend or to hold Customer harmless 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 Professional Services, the FullContour Platform or from any defect in any dental product manufactured or produced by any laboratory,  manufacturer or clinician. Customer agrees 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 crowns, abutments, surgical guides, clear aligners, orthodontic appliances, dentures, partial frames, copings, frameworks, and other related dental prosthetic devices produced or manufactured using FullContour’s Professional Services and/or the FullContour Platform, including but not limited to any claims of bodily injury, property damage or other form of injury resulting from said defect whether made by Customer's patients or otherwise.