WEBSITE TERMS AND CONDITIONS OF USE
- About the Website
(a) Welcome to www.alphadentalsupport.com (‘Website’). The Website
provides dental insurance billing information .
(b) The Website is operated by Alpha Dental Support. Access to and use of the
Website, or any of its associated Products or Services, is provided by Alpha
Dental Support. Please read these terms and conditions (‘Terms ‘) carefully. By
using, browsing and/or reading the Website, this signifies that you have read,
understood and agree to be bound by the Terms. If you do not agree with the
Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Alpha Dental Support reserves the right to review and change any of the Terms
by updating this page at its sole discretion. When Alpha Dental Support updates
the Terms, it will use reasonable endeavours to provide you with notice of
updates to the Terms. Any changes to the Terms take immediate effect from the
date of their publication. Before you continue, we recommend you keep a copy of
the Terms for your records. - Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
Alpha Dental Support in the user interface. - Copyright and Intellectual Property
(a) The Website, the content and all of the related products of Alpha Dental
Support are subject to copyright. The material on the Website is protected by
copyright under the laws of the USA and through international treaties. Unless
otherwise indicated, all rights (including copyright) in the content and
compilation of the Website (including but not limited to text, graphics, logos,
button icons, video images, audio clips, Website, code, scripts, design
elements and interactive features) or the content are owned or controlled for
these purposes, and are reserved by Alpha Dental Support or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or
licensed by Alpha Dental Support, who grants to you a worldwide, non-
exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website
in your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-
commercial use.
Alpha Dental Support does not grant you any other rights whatsoever in relation
to the Website or the content. All other rights are expressly reserved by Alpha
Dental Support.
(c) Alpha Dental Support retains all rights, title and interest in and to the Website and all
related content. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered
design or copyright (or an adaptation or modification of such a thing,
system or process),
to you.
(d) You may not, without the prior written permission of Alpha Dental Support and
the permission of any other relevant rights owners: broadcast, republish, up-load
to a third party, transmit, post, distribute, show or play in public, adapt or change
in any way the content or third party content for any purpose, unless otherwise
provided by these Terms. This prohibition does not extend to materials on the
Website, which are freely available for re-use or are in the public domain.
- Privacy
Alpha Dental Support takes your privacy seriously and any information provided
through your use of the Website and/or content are subject to Alpha Dental Support’s
Privacy Policy, which is available on the Website. - General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the USA
Consumer Law (or any liability under them) which by law may not be limited or
excluded.
(b) Subject to this clause 5, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(ii) Alpha Dental Support will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to goodwill arising out
of or in connection with the content or these Terms (including as a result of
not being able to use the content or the late supply of the content), whether
at common law, under contract, tort (including negligence), in equity,
pursuant to statute or otherwise.
(c) Use of the Website and the content is at your own risk. Everything on the
Website and the content is provided to you “as is” and “as available” without
warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, contributors and licensors of Alpha Dental Support make any
express or implied representation or warranty about the content or any products
or content (including the products or content of Alpha Dental Support) referred to
on the Website. This includes (but is not restricted to) loss or damage you might
suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line
failure, unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the
content, or any of its content related products (including third party
material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the content or any
of the products of Alpha Dental Support; and
(iv) the content or operation in respect to links which are provided for
your convenience.
- Limitation of liability
(a) Alpha Dental Support’s total liability arising out of or in connection with the
content or these Terms, however arising, including under contract, tort
(including negligence), in equity, under statute or otherwise, will not exceed the
resupply of the content to you.
(b) You expressly understand and agree that Alpha Dental Support, its affiliates,
employees, agents, contributors and licensors shall not be liable to you for any direct,
indirect, incidental, special consequential or exemplary damages which may be
incurred by you, however caused and under any theory of liability. This shall
include, but is not limited to, any loss of profit (whether incurred directly or
indirectly), any loss of goodwill or business reputation and any other
intangible loss.
(c) You acknowledge and agree that Alpha Dental Support holds no liability for any
direct, indirect, incidental, special consequential or exemplary damages which
may be incurred by you as a result of providing your content to the Website.
- Termination of Contract
(a) If you want to terminate the Terms, you may do so by providing Alpha Dental
Support with 14 days’ notice of your intention to terminate by sending notice of
your intention to terminate to Alpha Dental Support via the ‘Contact Us’ link on
our homepage.
(b) Alpha Dental Support may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach
any provision;
(ii) Alpha Dental Support is required to do so by law;
(iii) Alpha Dental Support is transitioning to no longer providing the Services
to Members in the country in which you are resident or from which you
use the service; or
(iv) the provision of the Services to you by Alpha Dental Support, is in
the opinion of Alpha Dental Support, no longer commercially viable.
(c) Subject to local applicable laws, Alpha Dental Support reserves the right to
discontinue or cancel your access at any time and may suspend or deny, in its
sole discretion, your access to all or any portion of the Website or the Services
without notice if you breach any provision of the Terms or any applicable law or
if your conduct impacts Alpha Dental Support’s name or reputation or violates
the rights of those of another party.
(d) When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and Alpha Dental Support have benefitted from, been subject to (or which
have accrued over time whilst the Terms have been in force) or which are
expressed to continue indefinitely, shall be unaffected by this cessation, and the
provisions of this clause shall continue to apply to such rights, obligations and
liabilities indefinitely. - Indemnity
(a) You agree to indemnify Alpha Dental Support, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with your content;
(ii) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
- Dispute Resolution
9.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not
commence any Tribunal or Court proceedings in relation to the dispute, unless
the following clauses have been complied with (except where urgent
interlocutory relief is sought).
9.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the
Terms, must give written notice to the other party detailing the nature of the
dispute, the desired outcome and the action required to settle the Dispute.
9.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties ‘) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other means upon which
they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute
has not been resolved, the Parties must either agree upon selection of a
mediator or request that an appropriate mediator be appointed by the
https://www.adr.org/ or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting
the foregoing undertake to pay any amounts requested by the mediator
as a pre-condition to the mediation commencing. The Parties must each
pay their own costs associated with the mediation;
(d) The mediation will be held in Wilmington DE, USA.
9.4. Confidential
All communications concerning negotiations made by the Parties arising out of
and in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as “without prejudice” negotiations for the
purpose of applicable laws of evidence.
9.5. Termination of Mediation:
If 1 month have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.
- Venue and Jurisdiction
The Services offered by Alpha Dental Support is intended to be viewed by residents of
USA. In the event of any dispute arising out of or in relation to the Website, you agree
that the exclusive venue for resolving any dispute shall be in the courts of Wilmington
DE, USA. - Governing Law
The Terms are governed by the laws of Wilmington DE, USA. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms
and the rights created hereby shall be governed, interpreted and construed by, under and
pursuant to the laws of Wilmington DE, USA, without reference to conflict of law
principles, notwithstanding mandatory rules. The validity of this governing law clause is
not contested. The Terms shall be binding to the benefit of the parties hereto and their
successors and assigns. - Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade. - Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.