Your Agreement. The following terms and conditions (“Terms and Conditions”) shall govern all aspects of your, the User’s (“You”, “your”, or “User”) use, review, viewing, access to, or engagement with (collectively, “Use”) this the www.summusdental.com website and any mobile versions or iterations thereof or apps related thereto (collectively, “Website”) and all materials, Information (as defined below), Summus IP (as defined below), or other content thereon (all of the aforesaid, collectively, “Content”), arising from each separate use and all uses collectively by You of the Website and its Content now and hereafter and as amended. Your agreement to all Terms and Conditions as stated herein is required and a condition precedent to your use of this Website and its Content and shall be implied by your continued use of the Website and its Content and expressly affirmed by your indication that you “AGREE” below or elsewhere on this Website. If you do not agree to any or all terms of the Terms and Conditions, do not use this Website.
Your Duties as to Laser Product(s). This Website may include information about laser products. YOU ACKNOWLEDGE THAT A PRODUCT(S) WHICH INCLUDES A LASER (AND PARTICULARLY A CLASS IV LASER) IF NOT USED PROPERLY CAN BE POTENTIALLY HAZARDOUS, INCLUDING HAVING THE ABILITY TO INFLICT PROPERTY DAMAGE, BODILY INJURY, DAMAGE TO HUMAN SKIN, EYES, FACE, BODY, OR DEATH. YOU AGREE THAT YOUR COMPLIANCE WITH THE FOLLOWING DUTIES IS REQUIRED FOR THE USE OF ANY PRODUCT(S). Before in any way having contact with, using, operating, demonstrating, leasing, possessing, or purchasing (all of the aforesaid, collectively, “Having Contact With”) any laser product(s), You, solely and exclusively, at all times have the following duties: You (i) Shall conduct due diligence to understand all applicable federal, state, local, or professional, medical, dental, veterinary, or other laws, codes, regulations, and requirements applicable to your having contact with any laser product(s) in your jurisdiction; (ii) Shall at all times have contact with (and supervise all other parties who use under your authority) any laser product(s) to ensure the safe use and strict compliance thereof with all such applicable laws; (iii) Shall ensure that any human being, animal, or other living or non-living subject to which any laser from any laser product(s) is applied, is so applied properly, safely, and in strict compliance with all applicable federal, state, local, or professional, medical, dental, veterinary, or other laws, codes, regulations, and requirements; (iv) Shall ensure that You (or any agent or representative of yours) who shall have contact with any laser product(s) for any purpose (including, but not limited to, for medical, dental, or veterinary, uses, applications, therapy, treatment, demonstration, training, or any other such use or purpose) shall be legally licensed, authorized, qualified, and trained, to do so pursuant to all applicable federal, state, local, or professional, medical, dental, veterinary, or other laws, codes, regulations, and requirements applicable to said use; (v) Shall ensure that any contact with any laser product(s) for the medical, dental, or other treatment of any human being (including but not limited to, as to his/her diagnosis, prescription, recommendation for treatment, suitability for treatment, preparation for treatment, treatment, duration of treatment, qualification for treatment, reaction to treatment, follow-up treatment, or providing necessary consent for any treatment) shall strictly comply with all applicable federal, state, local, or professional, medical, dental, or other laws, codes, regulations, and requirements applicable to your use; (vi) Shall ensure that any advertisements (including websites, blogs, YouTube videos) or other marketing efforts by You which include any images of, representations about, or references to, the product(s), shall strictly comply with all applicable federal, state, local, or professional, medical, dental, veterinary, or other laws, codes, regulations, and requirements.
Summus Confidential and Proprietary Information. All Summus confidential and/or proprietary information and trade secrets which are expressly so deemed to be confidential or which should reasonably be understood to be confidential (including, without limitation, as to existing or new product(s) information, intellectual property, pending, existing or other patents, copyrighted materials, manuals, financial information, pricing, and purchase terms) disclosed to or learned by You at any time on the Website or its Content (all of the aforesaid, the “Information”) shall remain the confidential property of Summus unless and until such information is made available by becoming part of the public domain or Summus expressly waives its right in writing to have such information disclosed. You shall not disclose such Information to any third party or use such Information in any way other than as expressly authorized in writing by Summus.
Summus Intellectual Property. Summus retains any and all right, title, and interest in and to any and all worldwide intellectual property or other proprietary rights in and to this Website and its Content or otherwise as disclosed to You in connection thereto or to the Product(s), including but not limited to, all downloadable, instant, or other videos, DVDs, podcasts, and other such tangible mediums of expression included on this Website or in any Content, and all intellectual property in and to any of the aforesaid, including all registered or unregistered U.S. federal, state, and common law copyrights, exclusive rights, patents, trademarks, trade secrets, trade dress, the SUMMUS® trademarks and brand, and all other proprietary rights, title, or interests therein. Further, Summus owns certain trademarks and/or registrations federally in the United States of America and throughout the world, including but not limited to for: The words and/or certain designs/logos for SUMMUS®, SUMMUS LASER®, SUMMUS MEDICAL LASER®, the SUMMUS “Mountain” or “Triangle” design/logo, PLATINUM 4®, SUMMUS DENTAL LASER™, SUMMUS VETERINARY LASER™, S1™, H1™, PERFORMANCE TRACKER™, or other now or subsequently used and/or registered such marks (collectively, the “Summus Marks”)(all of the aforesaid in this paragraph, collectively, the “Summus IP”). All rights reserved. Your use of any Summus Mark is strictly prohibited unless with the prior and express consent of Summus. Your publication, copying, reproduction, or other use of any Content is strictly prohibited unless with the prior and express consent of Summus.
Interaction with Summus Social Media. Summus now or in the future may have one or more social media accounts which may or may not be accessed through the Website. The posting, publication, or disclosure by You of any Content, Information, or Summus IP on any such Summus accounts, or any other such social media accounts associated with You or any other party, is strictly prohibited unless with the prior and express consent of Summus.
iFrames. Without prior approval and written permission, You may not create frames around Summus Website pages that alter in any way the visual presentation or appearance of the Website.
Removal of links to Website. Summus reserves the right to request that You remove all links or any particular link to our Website from your website or otherwise. You agree to immediately remove all links to our Website upon request.
Indemnification. You agree to indemnify and defend Summus (including its parent, subsidiaries, divisions, and related companies and their owners, officers, directors, employees, agents, representatives, and consultants) from and against all losses, expenses, damages, demands, claims, causes of action, suits, and other liabilities (including, without limitation, reasonable attorneys’ fees and costs) arising out of (i) any bodily injury, death, property damage, or other damage or loss which occurs, either directly or indirectly, in connection with your having contact with, using, operating, demonstrating, leasing, possessing, or purchasing any laser product(s), and (ii) any damages, expenses, fees, fine or penalty which arises from your violation of any federal, state, local, or professional, medical, dental, veterinary, or other laws, codes, regulations, and requirements applicable to your using, operating, demonstrating, leasing, possessing, purchasing, or having contact with, any laser product(s), and (iii) any claim arising from your use of this Website or its Content.
Disclaimer. To the maximum extent permitted by applicable law, Summus disclaims and excludes all representations, warranties and conditions relating to this Website, its Content, and the use of this Website. As long as the Website is provided free of charge, Summus will not be liable for any loss or damage of any nature.
Dispute Resolution. Any dispute between Summus and You relating to this Website or its Content, whether arising out of contract, tort, or any other grounds, shall be exclusively and finally determined by legally binding and non-appealable arbitration under the Commercial Arbitration Rules of the American Arbitration Association, and not by any court action or appeal. The arbitration shall be conducted by a single arbitrator chosen by the parties, or, if the parties cannot agree upon a single arbitrator within thirty (30) days of a party giving notice to the other of a proposed choice for an arbitrator, then by a single arbitrator appointed by the Franklin, Tennessee office of such association. The arbitration shall be conducted through the Franklin, Tennessee office of such association. Costs shall be incurred equally by the parties.
Website or Content Amendment. Summus reserves the right at any time to modify this Website and its Content and to impose new or additional terms or conditions. Such modifications and additional terms and conditions will be effective immediately and incorporated by reference herein without notice. Your new or continued use thereafter of this Website or the Content shall be deemed implied acceptance thereof.
ILY Clearance. Summus Medical Laser devices are cleared under the ILY product code (21 CFR 890.5500, Lamp, Infrared, Therapeutic, Heating) are typically indicated to provide topical heating for the purpose of elevating tissue temperature; for the temporary relief of minor muscle and joint pain, arthritis and muscle spasm; relieving stiffness; promoting the relaxation of muscle tissue; and to temporarily increase local blood circulation.
Amendments. Summus reserves the right to amend at any time these Terms and Conditions for any reason. Your notice of such amendments shall be limited to reviewing the Website and these Terms and Conditions from time-to-time and as amended, if at all. Any amendments to these Terms and Conditions shall be effective immediately upon posting the updated Terms and Conditions on the Website, and You waive the right to receive specific notice of each such amendment other than as posted herein. You are encouraged to periodically review these Terms and Conditions to stay informed of updates and amendments. You will be deemed to have been made aware of, to be subject to, and to have accepted the amendments in any revised Terms and Conditions by your continued use of the Website thereafter after the date such revised Terms and Conditions are posted.
Miscellaneous. These Terms and Conditions shall be interpreted under, and subject to, and resolved under, the laws of, jurisdiction, and venue, of the State of Tennessee.