Terms & Conditions

Carefully read these Terms of Use before using this web site.  These Terms of Use create a contractual agreement between you and Ultradent Products, Inc. ("Ultradent,") regarding your use of this web site (the "Website") and your access to the content available on the Website. If you do not accept these Terms of Use, you should leave the Website immediately and cease any further use of any materials you have obtained from the Website. You should print a copy of these Terms of Use for your records. Please note, however, that these Terms of Use may be updated and amended by Ultradent from time to time as provided herein.

1. Agreement to Terms of Use.

By using the Website, you agree to these Terms of Use as amended from time to time.  When you access the Website and at various other places on the Website, you specifically acknowledge your agreement with the most current version of these Terms of Use. The failure to include a specific acknowledgment at any point on the Website shall not be construed to diminish the applicability or effectiveness of these Terms of Use.

2. Change to Terms.

Ultradent reserve the right, at its discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Website after the posting of changes to these Terms of Use will mean you agree to abide by those changes. Any amendment to these Terms of Use by you must be agreed to by Ultradent in writing. 

3. Other Terms and Notices May Apply.

Additional terms and conditions will apply to transactions conducted or any promotions run by Ultradent via this Website.  Additional terms will govern any bulletin board services, chat areas, and or other message or communication facilities offered via this Website.  Nothing contained in these Terms of Use is intended to modify or amend any agreement currently in effect between you and Ultradent. 

4. Content Ownership. 

The Website and the content accessible through the Website, and all intellectual property rights included in or associated with the Website, including but not limited to patents, copyrights, trademarks and service marks (collectively, "Content"), are owned or licensed by Ultradent, and all right, title and interest in and to the Website and Content remains with Ultradent. Except as ordinarily occurs when a web site is downloaded to your computer in the normal course of browsing such website, material from the Website may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, or transmitted in any manner without Ultradent’s prior written consent. Certain Content may be licensed from third parties and all such third-party content and intellectual property rights related to such content belong to the respective third parties. In any event, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Website or in the Content.

5. Disclaimer.

THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED TO YOU "AS IS," FOR YOUR INTERNAL INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATION OR WARRANTY OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The material on this Website could contain technical inaccuracies or typographical errors, and information may be changed, updated and deleted without notice. Ultradent may make improvements and/or changes in the products and/or the programs described in this material at any time. Ultradent makes no warranties that this Website will operate uninterrupted or error free or that defects will be corrected. Ultradent does not warrant that this Website is compatible with your computer equipment or that this Website or its server is free of errors or viruses, worms or "Trojan horses" and Ultradent is not liable for any damage you may suffer as a result of such destructive features. You use this Website at your own risk.  Additionally, Ultradent makes no representations or warranties whatsoever about any other Website which you may choose to access through this Website. Links provided by Ultradent to such Websites are provided solely for your convenience and should not be deemed to imply that Ultradent endorses those Websites or any content therein.

6. Limitation of Liability. 

Ultradent is not responsible for any loss or injury whatsoever due to the content or other information published through this Website. The Website may be unavailable due to maintenance or other factors and Ultradent will have no liability for any such unavailability. Ultradent will also not have any liability for any loss of data, degraded data, old or out-dated data, or errors in data resulting from non-deliveries, mis-deliveries or service interruptions caused by Ultradent, any third-party acts or any other web host provider or the Internet infrastructure and network external to the Website. The limitations of liability provided in these Terms of Use inure to Ultradent’s benefit and to the benefit of its affiliates, and to all of its respective officers, directors, employees, attorneys and agents.

IN NO EVENT WILL ULTRADENT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR USE OF THIS WEBSITE OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA IT OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF ULTRADENT IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW.

Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.

7. Prohibited Activities. 

You may not use any device, software or routine, including but not limited to any viruses, “Trojan horses,” worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the Website or to surreptitiously intercept or expropriate any system, data or personal information from the Website. You may not take any action which imposes an unreasonable or disproportionately large load on Ultradent’s infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.

8. Termination.

Ultradent may, in its sole discretion and at any time, discontinue the Website, either in part or in whole, with or without notice. You agree that any termination of your access to the Website may be affected without prior notice, and you agree that Ultradent shall not be liable to you or any third-party for any such termination.

9. Laws and Regulations. 

You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Website and (ii) release of information to and retrieval of information from the Website.

10. Indemnification.

You agree to indemnify, defend and hold Ultradent harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from: (i) your use of the Website; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission to Ultradent; and/or (iv) any intentional wrongdoing by you.

11. Assignment. 

You do not have the right to assign or transfer your rights under these Terms of Use to any other person or entity without Ultradent’s prior written consent, which consent may be withheld for any reason or for no reason. Furthermore, you acknowledge and agree that your access to and use of the Website may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under these Terms of Use.

12. Contact.

If you have any problems, questions or complaints about these Terms of Use or the Website, please contact us by email at onlineordersupport@ultradent.com

13. Submitting Information. 

Ultradent does not want to receive confidential or proprietary information from you through this Website unless you have another written agreement with Ultradent related to the sharing of such information.  Any information that Ultradent receives through this Website, other than your personally identifiable information will be deemed to be non-confidential.  By transmitting to Ultradent information via this website or otherwise through electronic means without a written agreement with Ultradent relating to your submission, you understand and agree that Ultradent may use that information for an purpose whatsoever without obligation to you. 

14. Governing Law and Jurisdiction.

You recognize that, although the Internet can be accessed from anywhere in the world, the Website is located in the State of Utah, United States of America, and that when you access the Website, you are doing so in the State of Utah, United States of America. These Terms of Use shall be governed by and construed in accordance with the internal substantive laws of the State of Utah without giving effect to any principles of conflict of law and the federal laws of the United States of America. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. YOU FURTHER AGREE THAT ANY ARBITRATION ACTION BROUGHT BY YOU ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE SHALL BE FILED EXCLUSIVELY IN SALT LAKE COUNTY, UTAH, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION AND VENUE IN SALT LAKE COUNTY, UTAH.

15. Privacy Policy.

By agreeing to these Terms of Use, you also agree to Ultradent’s Privacy Policy which is incorporated herein by reference. Like these Terms of Use, the Privacy Policy is subject to change from time to time. Your continued use of the Website constitutes your acceptance to any changes to the Privacy Policy.

16. Miscellaneous.

Headings are for reference purposes only. Ultradent’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

Opalescence PF

Opalescence is made in the USA by Ultradent Products, Inc.

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