BUYRITEDENTAL.COM - Legal Information and Terms of Use

Welcome to Buyrite Dental, LLC and the "BuyRiteDental.com" Website. Buyrite Dental, LLC provides access to its Website to the public and members subject to the following terms of use. By accessing, viewing, posting, using or downloading materials from this Website, you agree to be bound by these terms of use and conditions. If you do not agree with these terms of use do not use this Website.

You agree that the English language version of the Legal Information and Terms of Use will govern your relationship with Buyrite Dental, LLC. If there is any contradiction between the English language version of the Terms and what a translation says, then the English language version shall take precedence.

Use of This Web Site

Use of this website and access to the material it contains is subject to the following Legal Terms and Conditions as well as to applicable laws. 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 the Legal Terms and Conditions periodically for changes. Your continued use of this site following the posting of any changes to the Legal Terms and Conditions constitutes acceptance of those changes.

Buyrite Dental, LLC reserves all rights to its copyrights, trademarks and other intellectual property.

No Unlawful or Prohibited Use

As a condition of your use of the BuyRiteDental.com website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner that could damage, disable, overburden, or impair any BuyRiteDental.com server, or the network(s) connected to any BuyRiteDental.com server, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to any computer systems or networks connected to any BuyRiteDental.com 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 the website. BuyRiteDental makes no representation that the website is appropriate or available for use in locations outside the United States , and accessing the 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.

Security

You are responsible for maintaining the security and confidentiality of your login information and for restricting access to your computer, and are fully responsible for all activities that occur under your password or user name. You agree (a) to immediately notify BuyRiteDental 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.

Reviews and Comments

Except as otherwise provided elsewhere in this Agreement or on the BuyRiteDental.com.com website, anything that you submit or post to the website and/or provide us, including without limitation, reviews, comments, ideas, know-how, techniques, questions, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the website, you also grant us the right to use the name that you submit with any review or your user account name, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this website and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. Submissions may be posted so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of software viruses, political campaigning, commercial solicitation, links to other websites or any form of "spam." You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or content. We may, but shall not be obligated to, remove or edit any Submissions, including comments or reviews, for any reason.

Typographical or Other Errors

While BuyRiteDental makes reasonable efforts to provide information which is accurate, BuyRiteDental does not guarantee that its efforts will always be successful. Therefore, as set below BuyRiteDental does not warranty that the Website materials will be free of errors and disclaims any liability for such errors.

Returns

Returns are subject to the policy set forth by each Supplier. The Suppliers bidding on BuyRiteDental.com are the point of sale and therefore responsible for any refunds due upon returning merchandise. To arrange for a return, contact the supplier directly. Under the Fair Credit Billing Act, your credit card provider cannot hold you liable for more than $50 of fraudulent charges.

Links to Other Web Sites

This website may contain links to other websites not owned or managed by BuyRiteDental or its affiliates. BuyRiteDental provides such links solely for the convenience of our visitors. BuyRiteDental 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 BuyRiteDental. The inclusion of links to such sites does not imply approval or endorsement of the site by BuyRiteDental 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 BuyRiteDental is not responsible for them.

Proprietary Rights

Copyrights. BuyRiteDental 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 the 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 than that expressly permitted herein. Ownership of all such content shall at all times remain with BuyRiteDental or its licensors. BuyRiteDental 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 BuyRiteDental or its licensors is forbidden.


Trademarks. All trademarks, service marks, trade names, logos, and other designations (collectively the "Marks"), except those that may be used in Postings, are the sole property of BuyRiteDental or other third parties that have granted BuyRiteDental 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 BuyRite Dental, LLC 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.


Registrants

Prior to utilizing the BuyRiteDental.com website, you are required to complete your Profile with accurate and current information. You will be able to utilize the site once the Profile is complete.

Termination

BuyRite Dental, in its sole discretion, may terminate your use of the BuyRiteDental.com website and delete your data immediately if (i) you breach any clause of this Terms of Use Agreement, or our Privacy, the latter of which is incorporated herein by reference or (ii) we are unable to verify or authenticate any information you provide to us or (iii) you have engaged in conduct which BuyRite Dental determines to be unacceptable. In addition, BuyRite Dental, LLC has the right, without prior written notice, to close the user account in case of repeated customer and/or supplier claims of inappropriate behavior.  You may terminate your membership by sending us a notice to support@BuyRiteDental.com or updating your Membership status under My Profile / Account Information.

Termination of your use of the BuyRiteDental.com website does not entitle you to a refund and does not relieve you of any on-going financial obligations due under any transactions or to fulfill contractual obligations to other members of BuyRiteDental.com

Use of Downloadable Software

Any software that may be downloaded from this Website is licensed subject to the terms of the applicable license agreements. Except for rights granted pursuant to such license agreements, Buyrite Dental, LLC and its licensors reserve all intellectual property rights, title and interest in such software.

Buyer, Supplier, and other Third Party Descriptions

This Website contains information concerning various third parties who offer products or services via the BuyRiteDental.com website. This information is provided for your convenience only.

Buyrite Dental, LLC is not responsible for and does not warrant any third party product or service or the accuracy of any description.

Disclaimer of Warranty

Information on the BuyRiteDental.com Website may contain factual inaccuracies or typographical errors or be incomplete or out of date. Information may be changed or updated without notice. BuyRiteDental.com may make changes and/or improvements in the products and/or programs described on its Website at any time without notice. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND BUYRITEDENTAL.COM, ALL MATERIALS PROVIDED ON ITS WEBSITE ARE PROVIDED AS IS, WHERE IS, AND AS AVAILABLE. WE MAKE ABSOLUTELY NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE OR SERVICES, AND HEREBY NOTIFY USERS THAT OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

Limitation of Liability

IN NO EVENT SHALL BUYRITE DENTAL, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BUYRITEDENTAL.COM WEBSITE, WITH THE DELAY OR INABILITY TO USE THE BUYRITEDENTAL.COM WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, WHETHER BASED ON CONTRACT,TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BUYRITE DENTAL, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL BUYRITE DENTAL, LLC's TOTAL CUMULATIVE LIABILITY EXCEED THE AMOUNT OF YOUR MOST RECENT BUYRITEDENTAL.COM TRANSACTION

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BUYRITE DENTAL, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND AFFILIATES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM YOUR USE OF THE BUYRITEDENTAL.COM WEBSITE, FROM YOUR BREACH OF ANY PROVISION OF THE TERMS OF USE, OR PRIVACY POLICY (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS, MISAPPROPRIATION OF TRADE SECRETS OR OTHER PROPRIETARY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU.

Release

Buyrite Dental, LLC and it’s website BuyRiteDental.com does not get involved in Member-to-Member transactions, in the event that you have a dispute with one or more Members, you have agreed to release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the BuyRiteDental.com Website or such disputes. You waive the provisions of any state, province, or country law limiting or prohibiting a general release.

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 and effect.

User Submissions/ Messaging

You are prohibited from posting or transmitting to or from the BuyRiteDental.com Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates community standards. Buyrite Dental, LLC may, but is not obligated to, monitor or review any areas on the Website where users transmit or post communications.

Buyers and Suppliers agree not to communicate via the BuyRiteDental.com messaging system by using their email address or other form of communication intended to take a transaction or other business that was initiated via the BuyRiteDental.com site to other channels outside of the BuyRiteDental.com site.  Any supplier or buyer found to be initiating this type of messaging will be considered in breach of these Terms and further action may be taken by Buyrite Dental, LLC.

Buyrite Dental, LLC will have no liability for the content of any Member communications, whether or not arising under the laws of copyright, trademark, trade secret, libel, privacy, obscenity or otherwise.

Buyers and Suppliers that register and / or use BuyRiteDental.com website(s) agree that any ratings received due to transactions on BuyRiteDental.com will be posted on public domain and inside the Marketplace.  Buyers and Suppliers agree to release Buyrite Dental, LLC of any liability for posted ratings from other buyers or suppliers that use the BuyRiteDental.com website. Buyrite Dental, LLC will not remove or modify any ratings except if both the Buyer and Supplier agree in writing or such removal and modification is in the best interest of the BuyRiteDental.com Marketplace as determined solely by Buyrite Dental, LLC.

Buyrite Dental, LLC and its administrators and moderators reserve all rights to remove any information deemed off-topic, unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates community standards. Buyrite Dental, LLC and its administrators and moderators also reserve all rights to block or otherwise expel any user or member of BuyRiteDental.com or its Website who is deemed to have violated these terms including IP addresses or ranges of IP addresses at the discretion of Buyrite Dental, LLC administrators and moderators. Buyrite Dental, LLC may also prohibit users or members from utilizing the Website if these users or members are in certain jurisdictions that are considered state sponsors of terrorism.

Export Control

By downloading or accessing software or technical data, you are agreeing not to import, export or re-export, either directly or indirectly (including transmission and shipment) except in accordance with all applicable laws of the land where you reside, and you are accepting responsibility to determine what is necessary to assure such compliance. In particular, but without limitation, you agree not to export, re-export or provide the software or technical data: (i) to any national or resident including those of Cuba, Iraq, Iran, Sudan, Libya, Syria, North Korea, or to any other country embargoed or restricted by the U.S. (This list of countries is current as of May 2008 but is subject to change); (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders or the U.S. Department of Treasury's Specially Designated Nationals Lists; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any agency of the U.S. Government. You are also agreeing not to download, transfer, export or re-export BuyRiteDental.com products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses. In addition, you are also agreeing that you will not export any Confidential Information from the United States except in full compliance with all requirements of the International Traffic in Arms Regulations (ITAR), the Export Administration Act and all other applicable laws and regulations. In addition, you will avail yourself of the Government policies and Arms Control laws and regulations of the land where you reside and access this website.

Applicable Laws

The Website is controlled by Buyrite Dental, LLC and it’s partners from its offices in the USA and elsewhere. Buyrite Dental, LLC makes no representation that materials at its Website are appropriate or available for use outside of its locations in the United States and access to them from territories where their contents are illegal is prohibited. Those who access this site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the materials on this Website shall be governed by the substantive laws of the State of Massachusetts, excluding its principals as to conflicts of law or the United Nations Convention on contracts for the International Sale of Goods. Any dispute arising out of or in connection with the use or access or otherwise related to its Website shall be finally settled by a competent court in the State of Massachusetts.

In addition, your use of the BuyRiteDental.com website represents your agreement that you shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website (including without limitation those governing, unfair competition, antitrust, and false advertising). You also acknowledge that we have an express policy of complying with all applicable laws, including but not limited to antitrust laws, and that the operation of the Website is not intended to facilitate collusion or other illegal agreements among competitors. To further that end, you represent and warrant to us that you do not intend to use the Website in violation of any antitrust laws and will not knowingly act as a conduit or intermediary for price-fixing or any other anti-competitive activities. You are also responsible for paying all applicable fees, duties and taxes you may incur as a result of conducting business via the Website.

Dental Professionals ("Buyers"):

All Dental Professionals registering on BuyRiteDental.com represent that they are licensed dental practitioners that can lawfully procure the items they purchase. You are responsible for any infringement claims arising from the use of Trademarks, Copyrights, or Service marks you use whether intentional or unintentional while using this site. Buyrite Dental, LLC does not guarantee that bids will be received for items you post. It is the Buyers responsibility to perform due diligence on Suppliers prior to making an award and transacting business. This due diligence may take forms not provided by the BuyRiteDental.com website.

Suppliers ("Sellers"):

Suppliers agree to receive membership accounts in their own name or their company's name and that these are single user accounts which may not to be used by multiple persons. Named companies may transfer accounts in the event that an employee originally assigned an account is no-longer in that position due to reassignment or no-longer works for the company. Unless both parties otherwise agree, Suppliers are prohibited from increasing prices for supplemental fees for reasons such as the increase of raw materials costs, shipping fees, or increase in the amount of minimum order.  Further, Suppliers shall not refuse to deliver any products based on these reasons.  Any breach of this clause will result in further action being taken by Buyrite Dental, LLC.

Supplier agrees to collect and retain all Buyers Information required by law for the specific products purchased.

Suppliers agree to pay fees for transactions arranged or awarded via the BuyRiteDental.com website. Fees include but may not be limited to Marketplace Use Fees, Credit Card Processing Fees, Sales Tax, Provincial Tax, and Shipping Costs.

The BuyRite Dental Marketplace Use Fee, which includes the cost of payment processing, is 5.9 percent of the total amount paid to an awarded supplier. This amount is automatically deducted when the payment is made. This fee is relatively small and is not refundable

All expiration date merchandise procured through the BuyRite Dental marketplace shall not be older than 1/3 of its rated shelf life at time of shipment. No expired products, or products that will soon expire, shall be sold unless previously agreed in writing between the Buyer and Supplier.

Suppliers are responsible for performing their own due diligence when providing quotes and transacting business. This due diligence may take forms not provided by the BuyRiteDental.com Website. 

Production Location

As a supplier in the BuyRiteDental.com marketplace, you are expected to accurately portray in which region / country your parts are sourced. Misrepresentation of your production location to gain unfair competition within other regions is considered inappropriate behavior and will result in termination of membership and access to the BuyRiteDental.com website.

Service Warranty

The use of the BuyRiteDental.com Website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications (including but not limited to circumstances such as: acts of sabotage, embargo, war, closing by governmental authorities, strikes, interruptions of telecommunications, floods, lightning, fire, earthquakes, viruses or other electronic impediments, or intentional or accidental errors committed by Users). Users acknowledge that Buyrite Dental, LLC is not responsible for any delays, failures or other damage resulting from such limitations and that while every effort is made to provide industry standard uptimes of its website, this is not guaranteed and furthermore Buyrite Dental, LLC reserves the right to interrupt service for scheduled or unscheduled maintenance or to fix bugs and errors as they occur.

Notices

You shall provide any required notice to us by e-mail to support@buyritedental.com. We shall provide any notices to you by e-mail to the e-mail address you provided during your registration. Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party receives notice that the email has not been delivered (for reasons beyond the control of the recipient).

Communications

When you agree to use any BuyRiteDental.com website services, register as a user on the website, or send emails to us, you are communicating that you consent to receive communications from us. We will communicate with you by email, fax or by posting notices on the website or through other BuyRiteDental.com services. You agree that all agreements, notices, disclosures and other communications that we provide to you satisfy any legal requirement that such communications be in writing.

Other General Provisions

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Changes to these Terms of Use

Buyrite Dental, LLC may at any time revise these Terms of Use by updating this posting and without directly informing you. You are bound by any such revisions.

Buyrite Dental, LLC reserves all rights pertaining to its Website. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the BuyRiteDental.com website.

This Legal Information and Terms of Use was last updated November 20, 2017.