TERMS AND CONDITIONS
This website is governed by the Terms and Conditions stated below. Use of this website constitutes your acknowledgement and agreement with these Terms and Conditions.
Welcome to the Espri Dental Internet site (referred to collectively by its affiliates and subsidiaries as the “Site”). These Site terms govern the educational information and promotional offers contained within our Site, (and its affiliations, including but not limited to marketing materials, such as direct mail marketing, brochures, pamphlets, banners, postcards, etc . BY ASSESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THIS SITE.
This site is controlled and operated by Espri Dental P.C. and/or its affiliates. Claims relating to the content, materials and use of this Site are governed by the laws of the United States and the State of Texas, without regard to its conflicts of law provisions. You expressly submit and consent in advance to such jurisdiction in any action or suit commenced in such court, and you hereby waive any objection that you may have based upon lack of personal jurisdiction, improper venue or forum non convenience. If you use this Site from another location, you do so on your own initiative and are responsible for compliance with local laws. If you do not agree with the terms stated above, please do not use this Site.
SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS
The information contained in this Site include images, photographs, videos, writings, and other materials that appear herein are copyrights, trademarks, or intellectual property owned, controlled and licensed (all of which are referred to as “Content”) of Espri Dental P.C. and its affiliates and its respective owners. The name Espri Dental and Espri Dental Logo are registered marks of Espri Dental P.C.
You may only view, download for caching purposes, and print pages or other contents on the Site for your personal use. None of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of Espri Dental P.C. or the applicable copyright owners.
Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws, and, without the prior written permission of Espri Dental P.C., is strictly prohibited.
DISCLAIMER OF WARRANTY
ESPRI DENTAL IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF SERVICEABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH ESPRI DENTAL BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, ESPRI DENTAL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. Price, services and availability information is subject to change without notice.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL ESPRI DENTAL BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. In an effort to provide patients with the most current information, Espri Dental will, from time to time, make changes in the Contents and in the products or services described on this Site.
You agree to indemnify and hold Espri Dental (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses or damages relating to defending such claims, arising out of or related to a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.
TERMS OF SERVICES
Espri Dental is dedicated to providing high quality dental services for you and/or your entire family. While we make every effort to provide the best service and the ultimate patient experience, certain circumstances may arise from time to time that may limit our ability to deliver the above. These certain circumstances may include., but are not limited to patient inability to cooperate, parents or guardians unwillingness to cooperate with recommended treatment options, patients conditions not suitable for outpatient non-hospital settings, complexity of cases beyond our scope of practice, patients refusal to continue with recommended treatments, unknown causes of any kind, etc. BY BROWSING, ACCESSING, AND READING THESE TERMS AND CONDITIONS, YOU AGREE, UNDERSTAND, AND ACKNOWLEDGE THAT DENTISTRY IS NOT AN EXACT SCIENCE, AND THAT ALL DENTAL SERVICES AND DENTAL TREATMENTS RECOMMENDED AND/OR OFFERED BY THE DENTIST(S) AND/OR STAFF AT ESPRI DENTAL REQUIRE PATIENTS COOPERATIONS AND EFFORTS TO BE SUCCESSFUL. You acknowledge that you are responsible for the decisions you made to start, continue, transfer and/or refuse one part of, all, and or none of the recommended dental treatments and services recommended by the dentists and/or staff at Espri Dental. You agree, understand, and acknowledge that you have been well informed and that you have been given the opportunities to ask questions to proceed with the recommended dental services and/or dental treatments. You agree that by reading these Terms of Services, you waive all your rights to initiate, cause to initiate, and transfer any liabilities on Espri Dental and any of its affiliates.
ABOUT OUR PRICES
The prices advertised on this Site are for Internet offers unless otherwise noted. Prices and the availability of items are subject to change without notice.
We reserve the right to limit the number of promotional items given per specific promotional time limitations. While we make every effort to provide accurate information, inaccuracies or errors may occur. We are not responsible for such errors. We reserve the right to make changes, corrections, and/or improvements to the information contained on this Site and to the services and programs described in such information, at any time without notice.
There may be certain types of dental services that we are either unable to provide or must cancel. We reserve the right, at our sole discretion, to refuse or cancel any service for any reason. Possible circumstances involving our canceling a delivery of service may be limitations on dentist and/or staff resources to provide such services, availability of supplies necessary to deliver the requested services, or errors in product or pricing information., or any other circumstances not mentioned in these Terms and Conditions.
DIRECT MAIL SPECIAL OFFERS
The prices advertised on the direct mail offers are for Direct Mail offers ONLY unless otherwise noted. Direct Mail Special Offers are for limited time only. These Direct Mail Offers cannot be combined with Dental HMO, PPO, State Medicaid including but not limited to Texas, New Mexico, and other State Medicaid Programs, State Insurance Plans, or dental discount plans, and other discounts. Additional charges may apply with the presence of gum disease and other complicating factors. In the event of multiple discount options, ONLY ONE SINGLE LARGEST DISCOUNT WILL BE APPLIED. Any discounts applied towards orthodontics treatments will ONLY BE APPLIED TO NEW CASES THAT INVOLVE FULL ORTHODONTIC TREATMENT (Full New Orthodontic Treatment involving BOTH Upper and Lower Arches). NO DISCOUNT WILL BE APPLIED TOWARDS RETREATMENT OF PREVIOUSLY TREATED ORTHODONTIC CASE(S) NOR WILL DISCOUNTS BE APPLIED TOWARDS TRANSFER CASE REGARDLESS OF COMPLEXITY OF THE CASE(S). Prices and availability of items are subject to change without notice. We reserve the right to limit the number of promotional items and/or offers given and/or applied during a specific promotional offer period. We reserve the right to extend the promotional offer deadline without notice. Prices offered within the direct mail offers cannot be combined with another offer within the same direct mail offer(s) period. There is a limit of one individual use per direct mail coupon and two per family at any given period of promotional offer(s). Due to the individual differences and varieties among patients, we may not be able to award the direct mail offer if we find that the condition presented does not fall within the categories offered. While we make every effort to provide accurate information, inaccuracies or errors may occur. We are not responsible for such errors. We reserve the right to make changes, corrections, and/or improvements to the information contained on this Site and to the services and programs described in such information, at any time without notice.
There may be certain types of dental services that we are either unable to provide or must cancel. We reserve the right, at our sole discretion, to refuse or cancel any service for any reason. Possible circumstances involving our canceling a delivery of service may be limitations on dentist and/or staff resources to provide such services, availability of supplies necessary to deliver the requested services, or errors in product or pricing information, or any other circumstance not mentioned in these Terms and Conditions.
SPECIAL FINANCING OFFERS AND CASH PAYMENTS
Espri Dental thrives to provide dental services at an affordable cost to everyone. Espri Dental offers financing options to patients through third party financing affiliates. By applying for a third party financing program, YOU ACKNOWLEDGE, CONSENT AND GIVE PERMISSION TO ESPRI DENTAL AND ITS AFFILIATES INCLUDING BUT NOT LIMITED TO THIRD PARTY FINANCING AFFILIATES, TO RUN CREDIT AND FULL BACKGROUND CHECK ON YOU AND ADDITIONAL PARTIES WHOSE NAMES ARE INCLUDED IN THE APPLICATION. IN NO EVENT WILL THE APPLICATION FOR CREDIT SERVE AS A GUARANTEE TO PROVIDE FOR FINANCING. Cash Payments are accepted at Espri Dental with a courtesy reduction rate of 5(five) percent of the total service rate. For Example, a dental procedure with a cost of $300 (Three Hundred US Dollars) will be billed at a rate of $300 (Three Hundred US Dollars) minus $15(Fifteen US Dollars, that is five percent of Three Hundred US Dollars) for a lesser total amount of $285 (Two Hundred and Eight Five US Dollars) plus the state and local taxes. We reserve the rights to change the Cash Courtesy Reduction Rate without notice at our discretion depending on market situations. While we make every effort to provide accurate information, inaccuracies or errors may occur. We are not responsible for such errors. We reserve the right to make changes, corrections, and/or improvements to the information contained on this Site and to the services and programs described in such information, at any time without notice.
There may be certain types of dental services that we are either unable to provide or must cancel. We reserve the right, at our sole discretion, to refuse or cancel any service for any reason. Possible circumstances involving our canceling a delivery of service may be limitations on dentist and/or staff resources to provide such services, availability of supplies necessary to deliver the requested services, or errors in product or pricing information, or any other circumstances not mentioned in these Terms and Conditions.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION AND SUBMISSIONS PROVIDED BY YOU
You agree that any material, information, and ideas that you transmit to this Site or otherwise provided to Espri Dental ("Transmissions") shall be and remain Espri Dental's property. By submitting any Transmissions to Espri Dental, you represent and warrant that:
- You are the sole author and owner of the Transmission and any intellectual property rights thereto;
- All "moral rights" that you may have in such Transmission have been voluntarily waived by you;
- All Transmissions that you post are accurate;
- You are at least 13 years old; and
- Use of the Transmission you supply does not violate these Terms and Conditions and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any Transmission:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party's intellectual property rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation;
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;for which you were compensated or granted any consideration by any third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
For any Transmission, you grant Espri Dental a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
Espri Dental reserves the right to change, condense or delete any Transmission that Espri Dental deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms and Conditions. Espri Dental does not guarantee that you will have any recourse through Espri Dental to edit or delete any Transmission you have submitted. Espri Dental reserves the right to remove or to refuse to post any Transmission for any reason. You acknowledge that you, not Espri Dental, are responsible for the contents of your Transmission. None of the content that you submit shall be subject to any obligation of confidence on the part of Espri Dental, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your Transmission, you agree that Espri Dental and its third party service providers may use your email address to contact you about the status of your Transmission and other administrative purposes.
NOTICE AND TAKE DOWN PROCEDURES
If you believe any materials ("Materials") on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact us at the address provided on the home page www.espridental.com and provide the following information:
A clear statement identifying the works, or other materials believed to be infringed.
A statement from the intellectual property owner ("Owner") or authorized representative that the Materials are believed to be infringing and not authorized by the Owner.
Sufficient information about the location of the allegedly infringing Materials so that Espri Dental can find and verify its existence.
Your name, telephone number and e-mail address.
A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner's behalf.
A signature or the electronic equivalent from the Owner or authorized representative.
Espri Dental shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that Espri Dental may use information about your demographics and use of this Site in any manner that does not reveal your identity.
In using this Site you agree to the following:
(a) you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of this Site;
(b) you will not to violate or attempt to violate the security of this Site, including, without limitation, (i) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; or (ii) attempt to transmit any "virus", "Trojan horse" or other software destruction or disruption device; and
(c) you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of this Site.
To unsubscribe at any time, reply 'STOP' to any of our email messages, or contact us at firstname.lastname@example.org.
You must be 18 years of age or older (or have permission from a parent or legal guardian) and have a valid email address to participate in the Program.