UNIVERSITY PROGRAM TERMS OF USE (EMEA) (Rev. 12/2022)

 

PLEASE READ THESE UNIVERSITY PROGRAM TERMS OF USE CAREFULLY BEFORE USING THE UNIVERSITY PROGRAM SITE. Hu-Friedy Mfg. Co., LLC ("Hu-Friedy," "we" or "us") and the other member companies of HuFriedyGroup (collectively with Hu-Friedy, “HFG”), require all users of the University Program Site maintained by HFG at https:/university-program.hufriedygroup.eu (“Site”), which includes without limitation the information, content, protocols, features, text, graphics, images, Webshop and other materials and related services available through the Site, and all modifications, enhancements, and updates to any of the foregoing (collectively, “Content”), to adhere to these University Program Terms of Use (“University Program Terms”). By accessing or using the Site, you agree to be bound by and comply with these University Program Terms. Do not use this Site if you do not so agree.

 

1. LICENSE AND RESTRICTIONS. We grant you a limited, revocable, non-transferable, non-sublicensable and non-exclusive license to access and use the Site only for its intended purposes (namely, to establish connections between students, universities, institutions and HFG and simplify access to dental products and services) in accordance with these University Program Terms. Except as expressly permitted in these University Program Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Content for any purpose whatsoever without our prior written consent. Moreover, you may not:

  • distribute or otherwise provide access to any portion of the Site (whether in printed or electronic form) to any third party;

  • modify, decompile, reverse engineer, disassemble, or create derivative works of any portion of the Site;

  • remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice within the Site;

  • circumvent, disable, or otherwise interfere with security-related features of the Site, including, without limitation, any features that prevent or restrict use or copying of any Content or that enforce limitations on the use of the Site;

  • transmit, use, or distribute programs or material that contain malicious code, such as viruses, time bombs, cancelbots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;

  • disable, impair, overburden, or otherwise interfere with the proper operation of the Site;

  • post or transmit any information that is unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, invasive of another’s privacy or publicity rights, or otherwise objectionable (as determined by us in our sole discretion); or

  • engage in any conduct or assist a third party in engaging in any conduct, which violates these University Program Terms, or any local, state or federal law or regulation (collectively, “Laws”).

 

2. USER REQUIREMENTS. Users accessing the Site, which includes premium content and Webshop (“University Program Members”), acknowledge and agree that to be eligible to access the Site, you must be a student then enrolled in courses within the dentistry and dental hygiene fields with, or a teacher, tutor or coordinator employed by, an accredited dental school located within Europe or the Middle East (“Dental School”) (“University Program Member Requirement”). Each time you access the Site, you represent you meet this University Program Member Requirement. If you fail to meet this University Program Member Requirement, we may suspend and/or terminate your access to the Site at any time upon 5 days’ notice; provided however, you may continue to access the Site up to 6 months after graduation.

 

3. WEBSHOP. Users located in a country where HFG sells directly or indirectly through its authorized resellers may submit pre-order requests/request for quotes for certain HFG products (“Products”) through the Site’s webshop (“Webshop”). If you are located in a country where HFG sells directly, an HFG sales representative will contact you to confirm your pre-order request. If you are located in a country where HFG sells indirectly through its authorized resellers, you will be contacted by one of our authorized resellers, in which event you will be entering into a purchase agreement directly with such reseller, at a discounted price and other terms and conditions of sale agreed upon between you and the reseller. HFG may update Products and pricing at any time, which updates will be reflected in the Webshop. Additional requirements, restrictions and terms and conditions of sale apply, as may be found on the Webshop and otherwise provided by HFG. Discounted student pricing is available for student Users then enrolled in an undergraduate or specialization degree program (post degree master course students are excluded), subject to the following: (i) Products will be shipped only to the same country in which your Dental School is located, (ii) you may not purchase more than 3 Products of the same product code in any calendar year at the discounted student pricing, and (iii) you agree to purchase the Products only for your own use in connection with your academic courses and not for professional use, or resale or distribution.

4. ACCESS AND TERMINATION. To access the Site, you must provide your name, address, phone, email address, Dental School and proof of enrollment (if applicable), and create log-in credentials to create a user account (“Account”). You agree to provide accurate information, which you will keep current. You are responsible for maintaining the confidentiality of your log-in credentials and agree not to share them with anyone else. You agree that you will be solely responsible for use of your Account based on your log-in credentials, including without limitation unauthorized use. You agree to immediately notify us of disclosure or unauthorized use of your log-in credentials or Account. You acknowledge and agree that we may act on instructions received through your log-in credentials and/or Account, and we may, but are not obligated to, with or without notice to you, deny access and/or block any activity conducted with your log-in credentials or Account if we suspect unauthorized activity. Moreover, we may, in our sole and absolute discretion and without notice or liability to you or any third party, immediately suspend, limit and/or terminate your access to the Site for any reason, including without limitation: (i) if you no longer meet the University Program Member Requirement or we believe that you have otherwise violated any of these University Program Terms; (ii) at the request of law enforcement, government agencies or courts; (iii) if we discontinue or materially modify the University Program or the Site or any portion thereof; (iv) if unexpected technical or security issues or problems arise; and (v) if we believe that your use of or access to the Site may create any risk for us, our subsidiaries, affiliates, contractual partners, or other users. Termination of your access to the Site may include but is not limited to: (i) the deletion of some or all of the information associated with your Account; and/or (ii) banning you from using the Site or any portion thereof by any available means, including without limitation by blocking your IP address. Any suspension or termination shall not affect your obligations to us under these University Program Terms.

5. WARRANTIES, DISCLAIMERS AND LIABILITY. HFG MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SITE WILL OPERATE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) THE RESULTS OR CONTENT OBTAINED FROM THE SITE WILL BE CURRENT, ACCURATE, COMPLETE OR RELIABLE. THE SITE IS PROVIDED AS-IS AND WE WAIVE ALL OTHER WARRANTIES REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HFG OR THROUGH THE SITE WILL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED HEREIN. WHILE THE CONTENT IS BELIEVED TO BE CURRENT AT THE TIME OF INCLUSION INTO THE SITE, WE DISCLAIM ANY OBLIGATION TO UPDATE THE CONTENT. GIVEN THE ABOVE, YOU ACKNOWLEDGE AND AGREE YOUR USE OF THE SITE IS AT YOUR SOLE DISCRETION AND RISK AND FOR YOUR GENERAL INFORMATIONAL PURPOSES ONLY. YOU RELEASE US FROM, AND HFG DISCLAIMS ALL LIABILITY WITH RESPECT TO, ALL CLAIMS, DEMANDS, DAMAGES AND OTHER LIABILITY RELATED TO OR ARISING FROM YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, YOUR RELIANCE ON THE CONTENT AND LOSS OR CORRUPTION OF ANY DATA YOU SUBMIT INTO THE SITE. EXCEPT AS OTHERWISE REQUIRED BY LAW OR STATED IN OUR PRIVACY POLICY, WE DO NOT MAKE ANY COMMITMENT TO RETAIN SUCH DATA FOR ANY PERIOD OF TIME. THEREFORE YOU AGREE TO MAINTAIN YOUR OWN COPY OF SUCH DATA AT ALL TIMES. WE MAY USE THIRD PARTIES TO PROVIDE CERTAIN CONTENT AND SERVICES ACCESSIBLE THROUGH THE SITE. WE WILL NOT BE LIABLE TO YOU FOR THEIR ACTS OR OMISSIONS. IN THE EVENT OF ANY LIABILITY, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES AND OUR LIABILITY WILL BE LIMITED TO $500. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITY, IN WHICH EVENT, SOME OF THE ABOVE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

 

6. MISCELLANEOUS.

  1. Cooperation. You will cooperate with us to investigate any suspected or actual activity that we suspect may be in breach of these University Program Terms.

  2. Survival. The provisions of these University Program Terms which by their nature should survive the suspension or termination of your access to or use of the Site or any portion thereof, will survive, including, but not limited to, the indemnities, releases, disclaimers, limitations on liability and all of the miscellaneous provisions set forth below.

  3. Statute of Limitations. You agree that regardless of any Laws to the contrary, any claim or cause of action arising out of or related to the Site, Content, or these University Program Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  4. Entire Agreement. Our Terms of Use (“Terms of Use”) available at https://www.hu-friedygroup.com/terms-of-use, which includes without limitation our Privacy Policy available at https://www.hu-friedy.com/privacy-policy, is incorporated herein by reference. For the avoidance of doubt, all references to University Program Terms will be interpreted to include the Terms of Use and Privacy Policy, and all references in the Terms of Use to: (i) “Terms” will be interpreted to include these University Program Terms; (ii) “Content” will be interpreted to include the Content as defined in these University Program Terms; (iii) “Site” will be interpreted to include the Site as defined in these University Program Terms; and (iv) “Submission” will be interpreted to include all data you submit through the Site. In the event of any conflict, the descending order of control will be these University Program Terms, Privacy Policy then Terms of Use. Except as otherwise provided herein, these University Program Terms and all documents referenced herein constitute the entire agreement between you and us with respect to the University Program and all other written or oral agreements or understandings with respect to the University Program are null and void.

  5. Questions. Please contact us at universityprogramemea@hu-friedy.com with any questions regarding the Site or these University Program Terms.  Questions specific to the status of orders, invoices and shipments should be directed to infohfe@hu-friedy.com. Your feedback or questions will be deemed to be non-confidential and we shall be free to use such information in accordance with our Privacy Policy.