This Website and Application are operated by Estisnap LLC, operating as Dent & Co. (“Dent & Co.”). Throughout the site, the terms “we”, “us” and “our” refer to Dent & Co. Dent & Co. offers this Website (“Site”) and/or Application, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By using the Site or Application in any manner, you accept and agree to be bound by the Terms. The Terms may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at https://dents.co/legal/terms. Your continued use of the Site/Application is your acceptance of the changed or modified Terms. If you do not agree to any of these Terms, please do not use the Site or Application. Dent & Co. reserves the right to modify or terminate the Services and the Site/Application or to terminate your access to the Services and Site/Application, in whole or in part, at any time. These Terms constitute a contract between you and Dent & Co. governed by the laws of the Texas, with the exception of its conflicts of laws provisions.
SECTION 1 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website/Application through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site/Application. You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
SECTION 3 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Site/Application may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 4 - USER SUBMISSIONS
If you send certain specific submissions (for example contest entries, comments, etc.) or without a request from us you send ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
In the event that photographs are submitted, the user confirms that 1) they have legal authority to use such photograph, 2) that no one else has a claim for copyright infringement on such photographs, and 3) that the user has obtained consent for any individual, including minors, which are depicted in the photograph. If the user has not obtained the necessary consent, they will refrain from submitting the photographs.
SECTION 5 – COPYRIGHTS AND TRADEMARKS
All of the pages and screens on the Site/Application are owned and controlled by Dent & Co., except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the Site include, but are not limited to, the text, design, software, images, graphics, source code, and the content on the Site. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of, or republish all or any portion of the Site/Application, the Site content, or any other materials received from or originating from Dent & Co. for any purpose without Dent & Co.’s prior written consent. Estisnap and Dent & Co. are trademarks owned by Dent & Co. Other featured words used on the Site to identify the source of goods and services are trademarks and service marks owned by Dent & Co. or owned by third parties. You may not use, copy, display, distribute, modify, or reproduce any of the trademarks found on the Site except as authorized in this paragraph. You may not use any of the Dent & Co. trademarks as a link to the Site except pursuant to a written trademark license agreement.
SECTION 6 – NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT IN ACCORDANCE WITH DMCA
In accordance with the Digital Millennium Copyright Act, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov, Dent & Co. will respond expeditiously to clear notices of alleged copyright infringement that are reported to Dent & Co.’s designated copyright agent identified below. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Dent & Co. that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. This page describes the information that should be present in these notices.
Notice of Infringing Material
If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to Dent & Co. by providing Dent & Co.’s designated copyright agent listed below with the following information:
SECTION 7 - PRIVACY
In no event shall Dent & Co., its affiliated companies, members, officers, employees, agents, or their service providers be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special, or otherwise) arising out of, or in any way connected with, a third party’s unauthorized access to your information, regardless of whether such damages are based on contract, strict liability, tort, or other theories of liability, and also regardless of whether Dent & Co. was given actual or constructive notice that damages were possible, except as provided under applicable laws. Some jurisdictions do not allow the exclusion of consequential or incidental damages, so portions of the above exclusions may not apply to you.
SECTION 8 - PROHIBITED USES
In addition to those activities which are identified as prohibited elsewhere in these terms, you may also not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of this Site or Application for public or commercial purposes without our express written permission. Nothing on this site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise. You may not modify, re-render, frame, mirror, truncate, add to, inject, filter or change the order of the information contained on any page of the Site/Application, including, without limitation, by any way of reproducing the Site or any Dent & Co. information on any other web site without our express written permission. You may not copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduce any code or source relating to our sites, including without limitation, any service or product Dent & Co. offers. You may not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners advertisement, or anything else which minimizes, covers, or otherwise inhibits the full display of the Site. You may not use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site. You may not use the Site in any way which depletes web infrastructural resources, slows the transferring or loading of any web page, or interferes with the normal operation of our site. You may not upload or transmit to the Site any device, software, program, or file that may damage the operation of any computer or the Site, including without limitation, viruses or corrupt files. You may not disguise the origin of information transmitted to, from, or through the Site/Application. You may not circumvent any measures implemented by Dent & Co. aimed at preventing violations of the Terms. You may not violate the restrictions in any robot exclusion header. When you use the Site or Dent & Co. information for an authorized purpose, you must include all proprietary notices without changing, hiding or deleting them. You may not engage in any conduct that is, or that Dent & Co. deems to be, in violation of the Terms. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site/Application. You acknowledge that Dent & Co. may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.
SECTION 9 - DIGITAL PRIVACY AND COOKIES POLICY
You may interact with us in a variety of ways online, including through a mobile device. Information that we may collect about you through online interaction includes information that you input, such as your name, address, email address, other contact information; data resulting from your activity, such as transaction information; and location information. We may also gather additional information, such as the type of device and browser you are using, the IP address of your device, information about your device’s operating system, and additional information associated with your device. We may also gather information collected through cookies, tags, and other technologies, as described further below.
Some newer browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the websites you visit indicating that you do not wish to be tracked. Those sites, including third-party content on such sites may continue to engage in activities you might view as tracking even though you have expressed this preference, depending on the sites’ privacy practices.
SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Dent & Co., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 11 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dent & Co. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 12 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 - FEES AND PAYMENT FOR PURCHASED SERVICES
You will pay us all Fees specified on the plan that you select on our Website.
Fees are based on our making available the Service to you and not actual usage.
You will provide Us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to Us. If You provide credit card information to Us, You authorize Us to charge such credit card for the Service you select on our Website for the initial subscription term and any renewal subscription term(s) as set forth in section 14. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.
Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible under this section, We will invoice You and You will pay that amount unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against Us based on Our income, property and employees.
You agree that Your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Us regarding future functionality or features
SECTION 14 - TERMINATION
A free trial commences on the date You register for a free trial and terminates 10 days from the Start Date. If you do not cancel before the end of the trial, you will automatically be enrolled in the Monthly Commitment plan described later in this section.
Paid services commence on the date You register for a paid service.
If You have chosen a Monthly Commitment plan, this Agreement remains in effect for a term of one calendar month, and automatically renews every month, provided that: you may terminate this Agreement at any time, provided that you will be responsible to pay for and we will continue to provide the Service until the end of the calendar month that You terminate this Agreement; and we may terminate this Agreement at any time, and this Agreement will terminate immediately, and You will be entitled to a pro-rata refund for the unused portion of the month.
If You have chosen an Annual Commitment plan paid monthly, this Agreement remains in effect for 365 days and automatically renews on the anniversary of the annual plan unless it is terminated by either party: You may terminate this Agreement upon giving Us written notice of non-renewal at any time, and this Agreement will terminate at the end of the annual plan; and we may terminate this Agreement at any time, and You will be entitled to a pro-rata refund for the unused month of last billing.
If You have chosen an Annual Commitment plan paid annually, this Agreement remains in effect for 365 days and automatically renews on the anniversary of the annual plan unless it is terminated by either party: You may terminate this Agreement upon giving Us written notice of non-renewal at any time, and this Agreement will terminate at the end of the annual plan; and we may terminate this Agreement at any time, and You will be entitled to a pro-rata refund for the unused portion of the year.
Notwithstanding anything in this section 14, if you default in the payment of any sum of money payable under this agreement, or in any of your obligations under this agreement, we may, in our sole discretion, terminate this agreement immediately without notice to you and declare all amounts due and to become due immediately due and payable. These remedies are cumulative and in addition to all other rights and remedies available to us, by operation of law or otherwise.
We reserve the right to modify the Fees for our Service at any time prior to expiry of the term (monthly or annually, as the case may be) of the Agreement.
If You are acquired by, sell substantially all of Your assets to, undergo a change of control in favor of, or become an Affiliate of, a director competitor of Dents.co, this Agreement terminates immediately. We will refund to You any prepaid fees allocable to the remainder of the term of all subscriptions for the period after the effective date of such termination.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 15 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site/Application or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 - GOVERNING LAW AND VENUE
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas without regard to any conflict of law provisions. You agree to the personal and exclusive jurisdiction of the courts serving Dallas, Texas. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts in Texas in all disputes arising out of or relating to these Terms of Service, our sites and site information.