Shimmer Computerized Dental Technology Co., LTD

Shimmer Transfer System Terms of Use

Legal Information & Notices

I. Ownership of Site; Agreement to Terms of Use

I.1 These Terms and Conditions of Use (the " Terms of Use " ) apply to Shimmer Transfer System ( " STS " ) web site located at https://www.shimmerdentallab.com, and all associated sites linked to https://www.shimmerdentallab.com by Shimmer, its subsidiaries and affiliates (collectively, the " Site " ). The Site is the property of Shimmer Computerized Dental Technology Co., LTD . ( " Shimmer " ) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

I.2 Shimmer reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Shimmer grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

II. Content

II.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos and computer code (collectively, " Content " ), including but not limited to the design, structure, selection, coordination, expression, " look and feel "  and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Shimmer, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

II.2 Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including " mirroring " ) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Shimmer’s express prior written consent.

II.3 You may use information on Shimmer products and services (such as data sheets, the oral data of the patient, and similar materials) purposely made available by Shimmer for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

III. Your Use of the Site

III.1 You may not use any " deep-link " , " page-scrape " , " robot " , " spider "  or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Shimmer reserves the right to bar any such activity.

III.2 You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Shimmer server, or to any of the services offered on or through the Site, by hacking, password " mining "  or any other illegitimate means.

III.3 You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Shimmer, including any Shimmer account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

III.4 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Shimmer’s systems or networks, or any systems or networks connected to the Site or to Shimmer .

III.5 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

III.6 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Shimmer on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

III.7 You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Shimmer or others.

IV. Accounts, Passwords and Security

IV.1 Certain features or services offered on or through the Site may require you to open an account (including setting up an STS Username and password). Shimmer agrees to open an account for you. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Shimmer immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Shimmer or any other user of or visitor to the Site due to someone else using your Shimmer Username, password or account as a result of your failing to keep your account information secure and confidential.

IV.2 You may not use anyone else’s Shimmer Username, password or account at any time without the express permission and consent of the holder of that Shimmer Username, password or account. Shimmer cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

V. Privacy

V.1 Shimmer’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Shimmer’s Privacy Policy, click here . Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

VI. Links to Other Sites and to the Shimmer Site

VI.1 This Site may contain links to other independent third-party Web sites ( " Linked Sites " ). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Shimmer’s control, and Shimmer is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

VII. Disclaimers

VII.1 SHIMMER DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN " AS-IS "  AND " AS-AVAILABLE "  BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SHIMMER CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SHIMMER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHIMMER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SHIMMER SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SHIMMER FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

VII.2 The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

VII.3 Shimmer reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

VIII. Limitation of Liability

VIII.1 Except where prohibited by law, in no event will Shimmer be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Shimmer has been advised of the possibility of such damages.

VIII.2 If, notwithstanding the other provisions of these Terms of Use, Shimmer is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Shimmer’s liability shall in no event exceed ￥ 10 , 000.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

IX. Indemnity

IX.1 You agree to indemnify and hold Shimmer, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Shimmer by any third party due to or arising out of or in connection with your use of the Site.

X. Violation of These Terms of Use

X.1 Shimmer may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Shimmer’s rights or property, or the rights or property of visitors to or users of the Site, including Shimmer’s customers. Shimmer reserves the right at all times to disclose any information that Shimmer deems necessary to comply with any applicable law, regulation, legal process or governmental request. Shimmer also may disclose your information when Shimmer determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

X.2 You acknowledge and agree that Shimmer may preserve any transmittal or communication by you with Shimmer through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Shimmer determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Shimmer , its employees, users of or visitors to the Site, and the public.

X.3 You agree that Shimmer may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Shimmer, for which monetary damages would be inadequate, and you consent to Shimmer obtaining any injunctive or equitable relief that Shimmer deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Shimmer may have at law or in equity.

X.4 You agree that Shimmer may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

X.5 If Shimmer does take any legal action against you as a result of your violation of these Terms of Use, Shimmer will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Shimmer. You agree that Shimmer will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

XI. Governing Law; Dispute Resolution

XI.1 You agree that all matters relating to your access to or use of the Site, including the establishment, effectiveness, performance, interpretation of these Terms of Use and all dispute shall be governed by the laws of the People’s Republic of China (excluding the laws of Hong Kong, Macau and Taiwan, and conflict of laws). These Terms of Use is signed in Xiangzhou District, Zhuhai City, Guangdong Province of the People’s Republic of China.

XI.2 In the event of any dispute between you and Shimmer hereto arising out of or in connection with these Terms of Use, the parties shall first settle the dispute through friendly negotiation; if the dispute cannot be settled through negotiation, either party shall submit the dispute to the Shenzhen Court of International Arbitration ( " SCIA " ) for arbitration in accordance with the arbitration rules of SCIA in force by then. The seat of arbitration is Shenzhen and the language of arbitration is Chinese. The losing party shall bear all of the arbitration fees, attorney fees, preservation fees, preservation guarantee fees, appraisal fees and notary fees incurred by the arbitration and other expenses of the other party for realization of rights. The arbitral award is final and binding on the parties.

XII. Miscellaneous

XII.1 The headings of all terms of these Terms of Use are only for convenience of reading and do not have any actual meaning. They shall not be taken as a basis for the interpretation of the meaning of these Terms of Use.

XII.2 Where any provision of these Terms of Use becomes invalid or unenforceable for whatever reason, the remaining provisions shall remain in force and binding on both parties.

XIII. Feedback and Information

XIII.1 Any feedback you provide at this site shall be deemed to be non-confidential. Shimmer shall be free to use such information on an unrestricted basis.

XIII.2 The information contained in this web site is subject to change without notice.

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Updated on 【 December 1st, 2021 】

Shimmer Computerized Dental Technology Co., LTD