Labtrac designs products and tools that help you run your dental laboratory.
These Terms of Service (“Terms”) apply to your access and use of the Labtrac Service. The “Labtrac Service” includes our systems including associated firmware, applications, software, websites, APIs, products, and services.
If you live in the European Economic Area, the United Kingdom or Switzerland, these Terms are an agreement between you and Labtrac Soltuions Limited, an UK company with its registered office at 17 The Downs, Altrincham, Cheshire, WA14 2QD, UK.
When the Terms mention “Labtrac,” “we,” “us,” or “our,” they refer to the party to your agreement that provides you with the Labtrac Service.
You must accept these Terms to create a Labtrac account and to access or use the Labtrac Service. If you do not have an account, you accept these Terms by using any part of the Labtrac Service. If you do not accept these terms, do not create an account or use the Labtrac Service.
For information about our data practices, please see our Privacy Policy. By accessing or using the Labtrac Service, you agree that we can collect and use your information in accordance with the Privacy Policy.
You cannot access or use the Labtrac Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Labtrac Service.
You may only connect to the Labtrac Service using (i) a device that is manufactured, distributed, or sold by Labtrac itself or through its authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections”). You may not connect to the Labtrac Service with any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Labtrac Service.
Full use of the Labtrac Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. Labtrac is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact Customer Support if you discover or suspect any security breach related to the Labtrac Service or your account.
Full use of the Labtrac Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Labtrac Service and it is your responsibility to ensure the equipment’s functionality.
We can only conclude a Contract with you in English and not in any other language.
The Contract between us will consist of (1) these Terms (including our Privacy Policy); (2) any Specific Terms (if relevant); (3) your Order; and (4) our Acceptance (which is only given in exchange for your payment of the price (see section 6 below)). There will only be a Contract if all these elements are present. If there is any conflict between these Terms and some of the other documents which form part of the Contract, they will apply in the following order of priority:
Unless stated otherwise all services are provided as on-going 12 month commitment billed annually.
The Products and/or Services we supply to you will be subject to any restrictions set out on our Website or in the Contract. If we provide you with a Service via our Website, you must abide by our Terms of Use and any other applicable terms on our Website. For other Services, you must comply with any terms we notify to you, for example, health and safety regulations for a Service we provide to you face-to-face, such as classroom training.
The price of the Products and Services will be as set out on our Website from time to time, except in the case of error. All prices are calculated in English pounds sterling (or any other currency we agree to accept) and will be confirmed to you in our Acceptance of your Order.
Subject to our obligation to supply the Products and Services at the price stated in a Contract, we reserve the right at any time to increase the prices of the Products and Services and to change the range of Products and Services available. We will try to give you as much notice as we can of changes to the range and any increase in prices.
Our Website contains a large number of Products and Services and it is always possible that, despite our best efforts, some of the Products or Services listed on our Website may be incorrectly priced. We will normally verify prices as part of our Acceptance procedure so that, where a Product or Service's correct price is less than our stated price, we will charge the lower amount when accepting your Order and dispatching the Product to you (if applicable). If a Product or Service's correct price is higher than the price stated on our Website, we will normally either contact you for instructions before sending the Product or supplying the Service to you, or reject your Order and notify you of our rejection. We are under no obligation to provide the Product or Service to you at the incorrect (lower) price, even after we have sent you our Acceptance, if the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as a mispricing.
Please ensure all payments are made by the due date for payment. If you fail to make any payment by the due date then, in addition to any other right or remedy available to us, we will be entitled to:
Labtrac may enable you to post, upload, store, share, send, or display photos, images, video, data, text, comments, and other information and content (“Your Content”) to and via the Labtrac Service. You retain all rights to Your Content that you post to the Labtrac Service. By making Your Content available on or through the Labtrac Service you hereby grant to Labtrac a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the Labtrac Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.
You represent and warrant that Your Content, the use and provision of Your Content on the Labtrac Service, and your use of the Labtrac Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Labtrac Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Labtrac Service, or which may expose us or our users to any harm or liability of any type.
Labtrac may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Labtrac Service.
“Labtrac Content” includes any photos, images, graphics, video, audio, data, text, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Labtrac Service. Labtrac Content, the Labtrac Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United Kingdom and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Labtrac Service. Our logos and any other Labtrac trademarks that may appear on the Labtrac Service, and the overall look and feel of the Labtrac Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Labtrac Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
The Labtrac Service is intended for commercial use.
Labtrac grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Labtrac Service, (2) access and view the Labtrac Content, (3) access and use the software and mobile applications provided by the Labtrac Service, and (4) use the software that is embedded into Labtrac devices as authorized in these Terms. This license is provided solely for commercial use of the Labtrac Service as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Labtrac Content, Labtrac Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Labtrac or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Labtrac Service: (1) use, display, mirror, or frame the Labtrac Service or any individual element within the Labtrac Service, including the layout and design of any page, without Labtrac’s express written consent; (2) use Labtrac’s name, any Labtrac trademark or logo, or any Labtrac proprietary information without Labtrac’s express written consent; (3) access or tamper with non-public areas of the Labtrac Service, Labtrac’s computer systems, or the technical delivery systems of Labtrac’s providers; (4) test the vulnerability of any Labtrac system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Labtrac or any of Labtrac’s providers or any other third party (including another user) to protect the Labtrac Service; (6) access the Labtrac Service or Labtrac Content through the use of any mechanism other than through the use of an Authorized Connection, Labtrac Service, or Labtrac API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Labtrac provides to you or any other part of the Labtrac Service.
You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Labtrac Service for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Labtrac’s sole discretion.
We are not obligated to monitor access or use of the Labtrac Service, Labtrac Content, or Your Content or to review or edit any Labtrac Content or Your Content, but we have the right to do so for the purpose of operating the Labtrac Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable access to the Labtrac Service, any Labtrac Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Labtrac Content, Your Content, or your use of the Labtrac Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Labtrac Service, and in response may take any action we may deem appropriate.
If you rely on any Labtrac Content or the Labtrac Service, you do so solely at your own risk.
Our goal is to provide helpful and accurate information on the Labtrac Service, but we make no endorsement, representation, or warranty of any kind about any Labtrac Content, information, or services. The accuracy of the data collected and presented through the Labtrac Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Labtrac Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete
Use of the Labtrac Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of the Labtrac Service.
Labtrac respects the intellectual property of others and expects its users to do the same. It is Labtrac’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Labtrac, or obtained from sources other than you.
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Labtrac or its partners. It is your responsibility to carefully review those terms and conditions.
As part of your use of the Labtrac Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Labtrac Service by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
The Labtrac Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under Labtrac’s control. This may include the opportunity for you to link your Labtrac account, Labtrac data, or the Labtrac Service with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Labtrac Service, such as third party applications accessed on Labtrac devices, are not part of the Labtrac Service and are not controlled by Labtrac, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Labtrac Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.
Labtrac may change or discontinue, temporarily or permanently, any feature or component of the Labtrac Service at any time without notice. Labtrac is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the Labtrac Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Labtrac products without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Labtrac Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Customer Support. Upon any termination of these Terms or suspension, termination, or discontinuation of the Labtrac Service or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 9, 10, 11, 12, 14, 15, 17, 18, 19, 20, 21, 22, 23.
THE LABTRAC SERVICE AND LABTRAC CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE Labtrac SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Labtrac Service or Labtrac Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
You will indemnify and hold harmless Labtrac or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Labtrac Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
NEITHER LABTRAC, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Labtrac SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE Labtrac SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Labtrac HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL Labtrac’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE Labtrac SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO Labtrac FOR USE OF THE Labtrac SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Labtrac, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Labtrac AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Labtrac arising out of or relating to these Terms of Service, the Labtrac Service, or any other Labtrac products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Labtrac, you agree to try to resolve the Dispute informally by contacting support@Labtrac.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Labtrac may bring a formal proceeding.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Labtrac products or Labtrac Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Labtrac and you regarding the Labtrac Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Labtrac and you regarding the Labtrac Service and Labtrac Content.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Labtrac Service. When you use the Labtrac Service after a modification becomes effective, you are telling us that you accept the modified Terms. You can review previous versions of these Terms in our archive.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Labtrac’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Labtrac may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Labtrac under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Labtrac Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Labtrac’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Labtrac. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
You may contact us at support@Labtrac.com or at our mailing address below.
If you live in the European Economic Area, the United Kingdom or Switzerland:
Labtrac Solutions Limited