Ajeva Web Site Terms and Conditions of Use

UPDATED January 2018

Please read this information carefully and print a copy and/or retain this information electronically for future reference.

Introduction

This web site (including all pages, content and processes, the “Site”) is provided by Ajeva, LLC (“Us,” “We,” and “Ajeva,” and, when used in the possessive, “Our”) and is intended to provide information for the dental professionals with whom We work in providing Our loan program as well as dental professionals considering Our services (both of which are “Providers”) to better serve their clients (“Patients”).  This Site contains information on Our loan program and may provide information or documents that are downloadable by Providers or others from time to time.  Additionally, contact with Us may be provided through this Site from time to time.

By using this Site, you are agreeing to be bound by the terms and conditions of use described herein (this “Agreement”) without limitation or qualification, so please read these terms and conditions of use carefully.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, DO NOT ACCESS OR USE THE SITE.

Restrictions on Use of Site

In order to use the Site, you must be at least 18 years old and a resident of the United States.

In addition, use of the Site is restricted to in-house Provider use.  The Site may not be used for commercial purposes other than those between a Provider and Us nor may this site be used for governmental purposes.

If you do not satisfy the above restrictions on use, please do not use the Site or download materials from the Site.

Limited License

Subject to the terms and conditions set forth in this Agreement, the Issuer grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the information thereon, subject to the restrictions in “Use of Materials,” below.

Use of Materials

We may provide displayable and/or downloadable documents or other information (“Materials”) on this Site from time to time for your use.  We authorize you to view and download the Materials only for your in-house use in connection with participating (or considering participation in) Our loan program.  This authorization is not a transfer of title in the Materials and is subject to the following restrictions:

  • you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials, if any;
  • you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose other than as they may be used with your Patients; and
  • you must not transfer the Materials to any other person or entity.

Protection of Information by You

You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.

The Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions and various other intellectual property protections.  You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Materials.  Except as expressly provided, We do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Your Conduct

By using the Site, you agree:

  • not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or any affiliated or linked web sites;
  • not to use any device, software or routine to interfere with or attempt to interfere with the proper working of the Site or any transaction conducted on the Site;
  • not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Sites;
  • not to upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files, code or digital information or instructions;
  • not to use or attempt to use or access another person’s account or personal information, or create or use a false identity on the Site;
  • not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from your general access;
  • not to use any robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the Site including, but not limited to, personally identifiable information of any other user of the Site;
  • not to upload to the Site or attempt to use the Site to hold or maintain content containing threats, nudity, violence, or racist, sexist, or homophobic material, or material reasonably considered inappropriate, offensive or unlawful;
  • not to upload material that violates a third party’s intellectual property or promotes any third party or illegal activity; and
  • not to use the Site or attempt to use the Site to obtain information on other participants in Our loan program.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state and federal laws and regulations, that relate to your use of or activities on the Site.

You may be given the opportunity to provide information to Us in order to receive information about Our loan program, to become part of Our loan program, or to continue your participation in Our loan program.  You agree to provide current, complete, and accurate information about yourself, your practice and your Patients (as applicable).  If any information you provide is untrue, inaccurate, not current, or incomplete, We have the right to terminate your application and/or participation and to decline to provide any and all future use of the Site to you.  We reserve the right to decline your requests made through this Site for any reason.

Disclaimer

THE SITE AND THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE OR THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE.  YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.  WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE.  WE MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE TO YOU.

WE DO NOT MAKE ANY WARRANTY THAT YOUR USE OF THIS SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.  WE ASSUME NO RESPONSIBILITY FOR DAMAGES THAT MAY BE SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSSES FROM DELAYS, NONDELIVERIES OF CONTENT OR ANY COMMUNICATIONS, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR MISCOMMUNICATIONS, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF US, OUR AFFILIATES, SUBSIDIARIES AND LICENSORS, OR YOUR OWN ERRORS AND/OR OMISSIONS.  THE SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Third-Party Sites

As a convenience to you, We may provide from time to time, on the Site, links to web sites operated by other entities.  If you use these sites, you will leave the Site.  If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive or detrimental elements. We make no warranty or representation regarding, and do not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon.  Links do not imply that We sponsor, endorse, or are affiliated or associated with, or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Us or any of Our affiliates.

Linking to Our Site

You may not link to the Site using any technology without Our written permission.

Information Provided By You

We do not want you to, and you should not, send any confidential or proprietary information to Us via the Site, except for certain information requested in connection with your participation in Our loan program.  By providing any such information or materials to Us, you grant to Us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, except as limited by the Our Privacy Policy, and you further agree that We are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Us.  You further recognize that We do not want you to, and you warrant that you shall not, provide any information or materials to Us that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity, or that violate the restrictions in “Your Conduct” above.

Although we try to protect information you send Us, we cannot guarantee that information sent over the Internet is completely confidential.  There are certain aspects of Internet usage, your computer and your links to the Internet that We cannot control.  Therefore, transmission of information to Us on the Internet must be undertaken at your own risk.

Offerings Subject to Our Acceptance

Information on the Site is not intended for distribution to, or use by, any persons or entities in any jurisdictions or countries where such distribution or use is not authorized or licensed, or where any content displayed on or transaction offered through the Site is unlawful.  You use the Site on your own initiative and are responsible for compliance with local laws.

The Site may provide general information about Us and the products and services offered by Us.  Information and Material on the Site does not constitute an offer to sell or a solicitation of any particular product or service.  Some products and services may not be available in all states, and no product or service is available outside the United States.  Your eligibility for particular products and services is subject to final determination, restrictions and acceptance by Us.

We are not in any way soliciting the purchase or sale of securities in Ajeva.

We may discontinue or make changes to the Material or the information, products, licenses, or services, described herein at any time.  Any dated information is published as of its publication date only.  We do not undertake any obligation or responsibility to update or amend any such information.  We reserve the right to terminate any or all offerings without prior notice.  Furthermore, by offering the Material or any information, products or services through the Site, no solicitation is made by Us to any person to use such information, products or services in jurisdictions where the provision of information, products or services is prohibited by law.

Limitations of Damages/Waiver

IN NO EVENT SHALL WE OR ANY OF OUR RESPECTIVE AFFILIATES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU RELEASE, DISCHARGE AND HOLD HARMLESS US AND OUR AFFILIATES AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, EQUITY HOLDERS AND AGENTS FROM ANY AND ALL LIABILITY, CLAIMS OR CAUSES OF ACTION (KNOWN OR UNKNOWN) ARISING OUT OF OUR OR THEIR NEGLIGENCE IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, LIABILITIES ARISING OUT OF INFORMATION POSTED ON THE SITE OR OTHERWISE PROVIDED BY US.  YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE PARAGRAPH AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.  YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING LEGAL ACTION TO ASSERT A CLAIM AGAINST US OR THE OTHER PARTIES SET OUT ABOVE FOR OUR OR THEIR NEGLIGENCE.

Indemnification

You agree to indemnify Us and Our affiliates and Our respective directors, officers, employees, equity holders and agents from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by Us in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law.  You further agree that you will cooperate fully in the defense of any such claims.  We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without Our written consent.  You further agree to indemnify Us and Our affiliates and Our respective directors, officers, employees, equity holders and agents from any claim arising from a third party’s use of information or materials of any kind provided by you that you post or transmit to the Site.

Data, Telephone and Communication Charges and Equipment

You acknowledge that you have the appropriate computer equipment and Internet access to use the Site and understand that your use of the Internet may incur certain operational costs such as monthly fees for a service provider.  You are solely responsible for any and all data, telephone and other communications charges and equipment costs relating to your use of the Site.  All transmissions by you via the Site shall be at your sole risk and We will not be responsible for any communications line failure, equipment or systems failure or other such occurrence.

Changes

We reserve the right, at Our sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time.  Changes in this Agreement will be effective upon the earlier of when notice of such changes is posted on the Site or given to you directly.  Your continued use of the Site after any changes to this Agreement are made will be considered acceptance of those changes.

We may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time.  We may remove, modify or otherwise change any content, including that of third parties, on or from the Site.  We also may impose limits on certain features and services or restrict your access to part or all of the Site without notice or liability.  We may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.  We may terminate your use of the Site at any time in Our sole discretion.

Monitoring

We have no obligation to monitor the Site, however, you acknowledge and agree that We have the right to monitor the Site electronically or allow it to be monitored from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, to protect Ourselves or other users of the Site or for any other purpose that complies with applicable laws.

No Relationship Established by Use of the Site

You agree that no client, advisory, fiduciary or professional relationship is created, implied or established between you and Us and that you agree and understand that no person or entity is, in connection with the Site, engaged in rendering auditing, accounting, investment, securities, tax, or legal advice, or consulting opinions, and that you will consult appropriate licensed professionals for opinions and advice relating to the specific facts, laws and roles which may apply to you and in your specific case.

Alternative Dispute Resolution

You hereby agree that all disputes and causes of action arising out of the use of the Site may be arbitrated at Our sole discretion by a single arbitrator selected by Us and conducted in the State of Colorado or such other location as We may choose in Our sole discretion, under the rules of the American Arbitration Association (“AAA”).  The losing party shall pay all costs and fees. Actions for temporary restraining orders, injunctions or other equitable actions may be instituted in a court of competent jurisdiction concerning the use, misuse or improper dissemination of information.

International Use and Choice of Law

The Site is controlled, operated and administered by Us from Our offices (or the offices of Our web host or other service provider) within the United States of America.  Access to the Site from territories where its contents are illegal is prohibited.  This Agreement shall be governed by the laws of the U.S. State of Colorado and the federal laws of the United States of America, without giving effect to their conflict of laws provisions.  For all disputes arising from or related to the Site, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Colorado.

This Agreement constitutes the entire agreement between Us and you with respect to the terms of usage for the Site.  Any cause of action you may have with respect to your use of the Site must be commenced within six months after the claim or cause of action arises.  If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

Privacy Policy

We have a Privacy Policy that describes how We use certain information when you visit the Site.  You should review Our Privacy Policy and agree that the terms of such Privacy Policy are incorporated by reference herein.

No Waiver

No failure, omission or delay on Our part in exercising any right under this Agreement will preclude any other further exercise of that right or other rights under this Agreement.

Termination

We reserve the right in Our sole discretion to terminate, restrict, or suspend the Site, service, access or information from you at any time for any reason without prior notice or liability.

This Agreement is effective until terminated by Us.  We may terminate this Agreement at any time without notice or cause, in Our absolute discretion.  The sections of this Agreement pertaining your obligations to Us shall survive any Termination of this Agreement.

Copyright Notice

Except as otherwise noted on this Site, the contents of this Site are copyrighted © 2018 by Ajeva LLC.  All rights are reserved.  No part of the Materials or other content on this Site, including Site text, graphics and html or other code, may be reproduced or transmitted in any form by any means without the express written consent of Us, which may be unreasonably withheld.