1. Introduction

These Terms and Conditions govern your access to and use of the websites, applications and other digital properties owned and managed by Weingarten Group P.C. and its subsidiaries and affiliates (collectively “ImplantWIDE”, “we”, “us”, “our”) (collectively, the “Sites”).

2. Acceptance

Please read these Terms and Conditions carefully before you access and use the Sites.

By accessing and using the Sites you accept and agree to be bound by these Terms and Conditions. If you do not agree to them, you must not access or use the Sites.

3. Arbitration and class action waiver notice

If you are engaging with our Sites from the United States, you agree that disputes between you and ImplantWIDE concerning your access to and use of the Sites will be resolved by the dispute resolution processes described in Section 17 below. You also agree to waive your right to participate in a class action or representative action lawsuit or class-wide arbitration. For details of that process, and how you can opt out, see Section 17.

4. These Sites are not medical advice

The Sites provide general information about periodontal and implant dentistry. Nothing on the Sites is medical or dental advice, and using the Sites does not create a doctor–patient relationship. Treatment information is necessarily general; what applies to you can only be determined by examination. Individual results vary. If you have a dental emergency, call the practice on 630-912-2700 or seek immediate care.

5. Third party cookies and pixels notice

By using the Sites, you acknowledge that our Sites use third-party cookies, pixels and related technologies, including analytics and advertising services provided by Google. By using the Sites you acknowledge these services and consent to their collection of information from your device. To learn more, see our Privacy Policy and Cookies Policy.

6. Eligibility

The Sites are offered to individuals who are 18 years of age or older, or the age of consent in the state of your residence. If you do not meet this requirement you must not use the Sites. Where a minor is treated at the practice, forms are completed by a parent or guardian.

7. Changes

We may revise and update these Terms and Conditions at our discretion. Changes are effective when posted and apply to your use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms and Conditions means that you accept the changes, unless otherwise required by law.

8. Trademark and acceptable use

Protected materials. The Sites and their entire contents, features and functionality — including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (collectively, “Materials”) — are owned by ImplantWIDE, its licensors or other providers of such material, and are protected by US and international copyright, trademark, patent, trade secret and other intellectual property laws.

Marks. The trademarks, service marks, trade dress, trade names and logos on the Sites, including the ImplantWIDE name and logo (collectively, “Marks”), are the sole property of ImplantWIDE. All page headers, custom graphics and custom icons are Marks of ImplantWIDE.

Clinical photography. Before-and-after images on the Sites are photographs of actual patients of this practice, published with their consent. They must not be reproduced, republished or used in any way.

Limited use. These Terms and Conditions permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Materials, except that:

Your computer may temporarily store copies of Materials in RAM incidental to your accessing and viewing them.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication or distribution.

Prohibited uses. You must not modify copies of any Materials; use any illustrations, photographs, video or audio sequences or graphics separately from the accompanying text; delete or alter any copyright, trademark or other proprietary rights notices; or access or use any part of the Sites for commercial purposes.

Termination of access. If you use or provide any other person with access to any part of the Sites in breach of these Terms and Conditions, your right to use the Sites stops immediately and you must, at our option, return or destroy any copies of the Materials you have made. No right, title or interest in the Sites is transferred to you, and all rights not expressly granted are reserved.

9. Notice of copyright infringement

Copyright infringement notice. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), ImplantWIDE has implemented procedures for receiving written notification of claimed infringements and has designated an agent to receive such notices. If you believe in good faith that your copyright has been infringed, you may submit a notice to hello@implantwide.com containing:

An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed
A description specifying the location on our website of the material you claim is infringing
Your email address and your mailing address and/or telephone number
A statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law
A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the owner’s behalf

Counter-notice. If you believe a notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice to hello@implantwide.com containing your physical or electronic signature; identification of the material removed or disabled; a statement under penalty of perjury that you have a good faith belief that the removal was a mistake or that the material was misidentified; and your full name, email address and mailing address.

10. Prohibited conduct

You may use the Sites only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Sites:

In any way that violates any applicable federal, state, local or international law or regulation
In any way that violates US international trade laws, including sanctions programmes
For the purpose of exploiting or harming minors in any way
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including junk mail, chain letters or spam
To impersonate or attempt to impersonate ImplantWIDE, an ImplantWIDE employee, another user or any other person or entity
To engage in any other conduct that restricts or inhibits anyone’s use of the Sites, or which may harm ImplantWIDE or users of the Sites or expose them to liability

11. Text messages and email

Text messaging. If you provide your mobile number and opt in, we may send you text messages relating to your enquiry, your appointments, and — where you have separately agreed — practice offers and news. Message frequency varies. Your wireless provider may charge you for receiving messages; ImplantWIDE does not charge for them and is not responsible for those fees. Consent to receive marketing text messages is not a condition of receiving treatment.

Opt-out. Reply STOP to any message to unsubscribe. We will send one message confirming that you have been unsubscribed, after which you will receive no further marketing texts. Reply HELP for assistance, or contact hello@implantwide.com. Carriers are not liable for delayed or undelivered messages.

Email. You may be asked to consent to receive certain email communications. You may stop them by following the opt-out procedure in any such message or by emailing hello@implantwide.com.

12. Monitoring and enforcement; termination

We have the right to take any action with respect to any use of the Sites that we deem necessary or appropriate, including where we believe such use violates these Terms and Conditions, infringes any right of any person or entity, threatens the personal safety of users or the public, or could create liability for ImplantWIDE; to take appropriate legal action, including referral to law enforcement; to cooperate with law enforcement authorities or court orders requiring us to disclose the identity of anyone submitting materials through the Sites; and to terminate or suspend your access to all or part of the Sites for any or no reason.

13. Reliance on information

There may occasionally be information on the Sites that contains typographical errors, inaccuracies or omissions, including in relation to treatment descriptions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions. We undertake no obligation to update or amend information on the Sites except as required by law. No update or refresh date should be taken to indicate that all information on the Sites has been reviewed.

14. Privacy

To learn more about the information we collect about you when you use the Sites, please see our Privacy Policy.

15. Links from the Sites

Where the Sites contain links to other sites and resources provided by third parties, those links are provided for your convenience only. We have no control over the contents of those sites and accept no responsibility for them or for any loss or damage arising from your use of them. If you access any third-party website linked from our Sites, you do so at your own risk and subject to that website’s terms.

16. Disclaimer of warranties; limitation of liability; indemnification

Disclaimer of warranties. To the extent permitted by applicable law, your use of the Sites and their content is at your own risk. The Sites and their content are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. Neither ImplantWIDE nor any person associated with ImplantWIDE makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Sites, or that the Sites will be error-free or uninterrupted, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. To the fullest extent provided by law, ImplantWIDE disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including any warranties of merchantability, non-infringement and fitness for a particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on liability. To the fullest extent provided by applicable law, in no event will ImplantWIDE, its affiliates, or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, the Sites or any websites linked to them, including any direct, indirect, special, incidental, consequential or punitive damages, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Nothing in these Terms and Conditions limits or excludes any liability for professional negligence, personal injury, or any other liability that cannot be limited under Illinois law — including any liability arising from the provision of dental care. This Section concerns your use of the website only.

Indemnification. You agree to defend, indemnify and hold harmless ImplantWIDE, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, suppliers, successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Sites.

Force majeure. ImplantWIDE shall not be responsible for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including internet or equipment failures, electrical power failures, strikes, labour disputes, civil disturbances, fires, floods, storms, acts of God, war, governmental actions or orders of courts.

17. Dispute resolution, arbitration, class-action waiver, jury waiver

This Section applies to the extent you are engaging with our Sites from the US and in those jurisdictions where this Section is enforceable. It concerns disputes about the Sites. It does not apply to any claim arising from the provision of dental care, which is governed by Illinois law and the Illinois courts.

Disputes. “Dispute” means any dispute, claim, controversy or action between you and ImplantWIDE concerning these Terms and Conditions or your use of the Sites, whether in contract, warranty, misrepresentation, fraud, tort, statute, regulation or any other legal or equitable basis. “Dispute” does not include any claim by ImplantWIDE for trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

Opt-out. You may opt out of these arbitration procedures and the waiver of class and representative proceedings by sending written notice to hello@implantwide.com within thirty (30) calendar days of your first use of the Sites, specifying your name, your mailing address, and your request to be excluded. If you opt out, all other terms continue to apply.

Binding arbitration. You and ImplantWIDE agree to arbitrate all Disputes; that these Terms and Conditions memorialise a transaction in interstate commerce; that the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section; and that this Section survives termination of these Terms and Conditions.

Dispute notice and informal resolution. In the event of a Dispute, the party raising it must first send the other a written notice setting out its name, address and contact information, the facts giving rise to the Dispute, and the relief requested. Notice to ImplantWIDE must be sent to hello@implantwide.com. Within 60 calendar days of receipt, the parties shall engage in a good faith informal dispute resolution conference. The arbitrator may dismiss any arbitration brought without first proceeding through this conference. Limitation periods and filing deadlines are tolled while the parties engage in this process.

Small claims court. You may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.

Class action waiver. You agree that you may bring Disputes against ImplantWIDE in an individual capacity only, and not as a plaintiff or class member in any purported class or representative proceeding.

Arbitration procedure. Arbitration shall be administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules, available at adr.org, as modified by these Terms and Conditions. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the arbitrator’s selection. The arbitrator shall have exclusive authority to resolve all disputes arising out of the interpretation, applicability, enforceability or formation of these Terms and Conditions. The arbitrator may grant whatever relief would be available in a court under law or equity, in favour of the individual party seeking relief only. The award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Hearing format. Unless otherwise agreed, the arbitration shall take place in Cook County, Illinois, but may proceed telephonically where the total amount of the claim does not exceed $2,500 (if the claimant so chooses). The arbitrator shall issue a written decision explaining the essential findings and conclusions on which any award is based.

Arbitration fees. Fees are governed by the applicable AAA fee schedule, available at adr.org. If you initiate the arbitration you will pay your filing fee, but you shall not be required to pay a filing fee exceeding what you would pay when filing a claim in a court of relevant jurisdiction. You are responsible for your own additional costs, including fees for attorneys or expert witnesses.

Confidentiality and jury waiver. The parties each waive their right to a trial by jury to the maximum extent permitted by law. Arbitration proceedings will be confidential and closed to anyone other than you and ImplantWIDE.

Severability. If any provision in this Section is found unenforceable, that provision shall be severed and the remainder of these Terms and Conditions shall remain in effect. This does not apply to the prohibition against class or representative actions; if that prohibition is found unenforceable, this entire Section shall be null and void. This Section survives any termination of these Terms and Conditions.

Exclusive venue for other controversies. You agree that any controversy excluded from this Section — other than an individual action filed in small claims court — shall be filed only in the state or federal courts located in Cook County, Illinois, and each party irrevocably consents to the exclusive jurisdiction of those courts.

18. California consumer notice

California users are entitled to the following consumer rights notice: the Sites are provided by ImplantWIDE. If you have a question or complaint regarding the Sites, please write to hello@implantwide.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

19. Governing law; jurisdiction and venue

This Agreement is governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions. If a court of competent jurisdiction or arbitrator finds any provision of this Agreement unenforceable, the remaining provisions continue in full force and effect.

20. Waiver and severability

No waiver by ImplantWIDE of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of that term or condition or of any other term or condition, and any failure of ImplantWIDE to assert a right or provision shall not constitute a waiver of it.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions continue in full force and effect.

21. Entire agreement

These Terms and Conditions constitute the sole and entire agreement between you and ImplantWIDE regarding the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Sites.

22. Contact us

Feedback, comments, requests for technical support and other communications relating to the Sites should be directed to:

Weingarten Group P.C. (ImplantWIDE) 1041 Woodfield Rd, Schaumburg, IL 60173 hello@implantwide.com · 630-912-2700