Terms Of Use

Read These Terms of Use Before Accessing Our Website.
Effective Date: These Terms of Use were last updated on December 31, 2018.

Please review the following terms and conditions concerning your use of the New England Orthodontic Laboratory website (the “Website”). By accessing, using or downloading any information and/or materials from the Website, you agree to follow and be bound by these terms and conditions (the “Terms of Use”). If you do not agree with these Terms of Use, you may not use this Website. This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. Modifications shall become effective immediately upon being posted at this Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of these Terms of Use and their modifications.

These Terms of Use govern two types of activities that you could conduct:

• Use of this Website, regardless of whether you purchase services from us; and
• Conducting business with us to obtain laboratory and/or manufacturing services through this Website (the “Service”).

1. GENERAL USE OF THE WEBSITE
Restrictions on How You Use the Website

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes use of the Website, access to the Website or any of the content accessible through the Website. You agree not to copy or post on any networked computer, broadcast in any media, or to use, modify, distribute, publish, transmit or create derivative works of any material found on our Website for any public or commercial purposes. You are not permitted to modify any materials from this Website in any way. Nothing contained in this Website will be construed as conferring any license or right under any copyright, patent, trademark or other intellectual property right of New England Orthodontic Laboratory or any third party.

You agree to only use this Website for lawful purposes. You agree to not use this Website to:

Post or transmit any material that is unrelated to the subject matter of the Website
Violate or solicit the violation of any applicable local, state, national or international law or regulation
Violate the rights of any third party, including but not limited to intellectual property rights, contractual rights, privacy rights or publicity rights
Interfere with or disrupt the Website, computer servers, boards or portals accessible through the Website
Intentionally seek information on, obtain copies of or modify files or other data or passwords belonging to other users without their permission; or harvest usernames, e-mail addresses or other personal information for any purpose
Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy or publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated)
Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous, or
Engage in or facilitate the transmission of unsolicited mass mailing or spamming.
Any use of materials on the Website, including reproduction for purposes other than those permitted by these terms, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of New England Orthodontic Laboratory is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of New England Orthodontic Laboratory.

If you do use the Website to commit any of the above violations of our Terms of Use, we may, in our discretion, terminate your access and use of the Website and seek other available legal remedies.

General Disclaimer of Warranties Relating to this Website

The Website is provided by New England Orthodontic Laboratory on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the correctness, accuracy, reliability, or other features of this Website. New England Orthodontic Laboratory shall have no liability for any interruptions in the use of this Website. New England Orthodontic Laboratory disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, in those jurisdictions the above-referenced exclusion is inapplicable.

Medical Information Disclaimer

All information contained on this Website, including information related to orthodontic, dental, medical and health conditions, and products and treatments, is for informational and educational purposes only. NEW ENGLAND ORTHODONTIC LABORATORY DOESNOT PRACTICE MEDICINE. This information should not be considered complete and is not intended to be used in place of a patient visit, call consultation or advice of an orthodontist, dentist or medical professional, or any information contained on or in any product packaging or labels. Information obtained by using the Website is not exhaustive and does not cover all orthodontic or dental procedures or treatments. The information on this Website and any link to other sites is for informational purposes only and is not intended to provide medical advice for any specific medical condition you may have. This Website does not create a doctor/patient relationship. If you have questions or concerns about your health, please contact your healthcare provider.

Third-Party Information Disclaimer

Product specifications and other information have either been provided by our third-party vendors or collected from publicly available sources. While New England Orthodontic Laboratory makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any third-party information provided on this Website. We make no warranties or representations whatsoever with regard to any product provided or offered by any third-party vendor.

Your Obligations for Connectivity

You are responsible for (1) providing all equipment necessary for your own Internet connection, including computer and modem, (2) arranging for your own connection to the Internet, and (3) paying any fees relate with such connection.

2. USE OF THE WEBSITE TO CONDUCT BUSINESS WITH US
New England Orthodontic Laboratory allows orthodontic and dental practices and other business partners (called “Members” in these Terms and Conditions) to use the Website to transmit prescriptions or orders and to communicate with us. If a Member uses the Website to place orders or submit any patient information, data, photographs, x-rays, digital images or other materials the Member originates (“User Content”), the following terms will apply. (However, if the Member has a written agreement with us for the provision of services to the Member, any conflicting terms in that agreement will control.)

Patient Data

We do not claim any ownership rights in any User Content. You continue to retain any ownership rights you have in your User Content. User Content is the sole responsibility of the person from whom such User Content originated, and you are entirely responsible for all User Content that you upload, transmit or otherwise make available through the Website. To the extent that we provide you with an opportunity to post, store and exchange User Content, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, us and our contractors an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, display, distribute, and make derivative works from, such content as necessary to perform our services for you or as required by law.

You are responsible for ensuring the privacy of your own User Content. We will use industry standard security measures to protect against the loss, misuse and alteration of the User Content you provide. Although we make good faith efforts to store the User Content provided by users in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our systems, we cannot guarantee that our security measures will prevent third-party hackers from illegally accessing the User Content or your personal information.

Payments

You agree to make full payment of the purchase prices and fees set forth in our invoices to you, when those payments are due as set forth in each invoice.

Accounts and Passwords

All Members and users of the Service receive a password and an account. Members are entirely responsible for any and all activities that occur under their account, whether authorized or not authorized. Each Member agrees to notify New England Orthodontic Laboratory of any unauthorized use of its account or any other breach of security known or should be known to the Member. Your right to use the Service is personal to you.

3. LIMITATION OF LIABILITY
New England Orthodontic Laboratory shall not be liable for any damages whatsoever, and in particular New England Orthodontic Laboratory shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if New England Orthodontic Laboratory has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THE ABOVE LIMITATIONS MAY NOT BE APPLICABLE IN YOUR JURISDICTION.

4. INDEMNIFICATION
You agree to indemnify and hold New England Orthodontic Laboratory, its owners, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your violation of these Terms of Use, any infringement of third-party rights by you, medical decisions or recommendations you make, or the actions of any other user of the Service using your computer.

5. MODIFICATIONS AND INTERRUPTION TO SERVICE
New England Orthodontic Laboratory reserves the right to modify or discontinue the Service (through this Website), with or without notice to Members, but is under no obligation to update the Service or the Website .. New England Orthodontic Laboratory shall not be liable to you should New England Orthodontic Laboratory exercise its right to modify or discontinue the Service through the Website. You acknowledge and accept that New England Orthodontic Laboratory does not guarantee continuous, uninterrupted or secure access to our Website, and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. THIRD-PARTY SITES
Our Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible for them.

7. GOVERNING LAW AND JURISDICTION
Our Website is operated and provided in the Commonwealth of Massachusetts. As such, we are subject to the laws of Massachusetts, and such laws will govern these Terms of Use, without giving effect to any choice of law rules. We make no representation that our Website or other Services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of Massachusetts.

8. COMPLIANCE WITH LAWS
Each Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. A Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. COPYRIGHT AND TRADEMARK INFORMATION
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©NEOLab.com, with all rights reserved, or is the property of New England Orthodontic Laboratory and/or third parties. TargetJournal™ and targetjournal.com™ are proprietary marks of New England Orthodontic Laboratory. New England Orthodontic Laboratory’s trademarks may not be used in connection with any product or service that is not provided by New England Orthodontic Laboratory, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits New England Orthodontic Laboratory.

All other trademarks displayed on New England Orthodontic Laboratory’s Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the websites of third-party vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with us.

10. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, NEOLab.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail: New England Orthodontic Laboratory 3 Riverside Drive Andover, MA 01810

By Telephone: (978) 284-6501

By Email: [email protected]

11. PRIVACY POLICY
We may collect web log files and other information about you through the Website. Our collection and use of this information is governed our Privacy Policy Statement. Our Privacy Policy Statement explains how your information is used and who has access to it.

12. OTHER TERMS
If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Use and any other agreements referenced herein may be assigned by New England Orthodontic Laboratory, in our sole discretion, to a third party in the event of a merger or acquisition. You agree that by accepting these Terms of Use, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy Statement.