Terms of Use

Please read the Terms of Use before using ToothIQ.

Symbyos (www.symbyos.com) supports the rights of consumers to be fully informed about their oral health and treatment options, and the clinical urgency for treatment.

This Terms of Use Agreement sets forth the standards of use of the Symbyos ToothIQ online consumer dental education service. By using the Symbyos ToothIQ website (www.ToothIQ.Com) you (the "User") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.ToothIQ.com. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

This site provides information about common dental conditions, diagnoses and treatments. It is intended to assist consumers in understanding their oral health and its relationship to overall wellness. Enough information can be gained from this site to encourage discussions between consumers and their dentists in such a way that better decisions about dental treatment can be made, and better long-term dental health achieved.

2. Disclaimer of Warranties

The site is provided by Symbyos, a Limited Liability Company Headquartered in Colorado, USA, on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Symbyos makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its specific applicability, correctness, accuracy, reliability, or otherwise. Symbyos shall have no liability for any interruptions in the use of this Website. Symbyos disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may be inapplicable in such jurisdictions.

DO NOT USE THIS SITE AS A SUBSTITUTE FOR THE ADVICE OF A QUALIFIED DENTAL PROFESSIONAL! IF YOU ARE HAVING DENTAL SYMPTOMS, DO NOT DELAY IN BEING SEEN BY A DENTIST OR PHYSICIAN BASED ON SOMETHING YOU READ ON THIS SITE. IF YOU CHOOSE TO RELY ON INFORMATION PROVIDED ON THIS SITE, OR OTHER SITES TO WHICH THIS SITE MAY FURNISH LINKS OR WEB ADDRESSES, YOU DO SO AT YOUR OWN RISK. SYMBYOS IS NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE, OR ACTION TAKEN, BASED ON RELIANCE UPON THE INFORMATION CONTAINED OR PROVIDED INDIRECTLY THROUGH THIS SITE.

Because the purpose of ToothIQ is to educate and inform consumers about dental health without bias, Users agree that Symbyos is not targeting a particular population, group of users, community, business, or industry. Furthermore, since Symbyos transacts all business in the State of Colorado, has no nexus in other States, and maintains ToothIQ solely for the educational benefit of the public at large, maintaining this site does not constitute "doing business" or the establishment of "minimum contacts" in any jurisdiction, or soliciting business outside of the State of Colorado.

3. Children's Privacy

Symbyos is committed to protecting the privacy of children. This site is not intended or designed to attract children under the age of 13. We do not collect personally identifying information from any person known to be a child under the age of 13.

4. Use of Content

Symbyos authorizes Users who are not dental professionals to download a single copy of the material on www.ToothIQ.com solely for personal, non-commercial use if you include the following copyright notice: "Copyright © 2008, Symbyos All rights reserved" and any other copyrights and proprietary rights notices that are contained within the content of ToothIQ.

The Content of this site is protected by US and International Copyright Laws and Treaties. Ownership and Title to the content rests with Symbyos. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions, and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at the sole discretion of Symbyos. All rights not expressly granted herein are hereby assigned to Symbyos.

5. Limitation of Liability

SYMBYOS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SYMBYOS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SYMBYOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

6. Indemnification

User agrees to indemnify and hold Symbyos, its parents, subsidiaries, affiliates, members, managers, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.

7. Modifications and Interruption to Service

Symbyos reserves the right to modify or discontinue the Service with or without notice to the User. Symbyos shall not be liable to User or any third party should Symbyos exercise its right to modify or discontinue the Service. User acknowledges and accepts that Symbyos does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

8. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties' sites.

Links to third-party sites are provided solely for the convenience of the User, and Symbyos does not necessarily endorse materials or educational content presented, products, or services offered on those sites. If User chooses to access third-party sites, you do so at your own risk.

SYMBYOS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SYMBYOS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO USE OF THIRD-PARTY WEB SITES OR THE INFORMATION CONTAINED IN THEM, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SYMBYOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

9. Disclaimer Regarding Accuracy of Vendor and Other Third-Party Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Symbyos makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Symbyos makes no warranties or representations whatsoever with regard to any educational content presented, products or services offered by any Vendor or other third-party, and you acknowledge that any reliance on representations and warranties provided by any Vendor or third-party shall be at your own risk.

10. Governing Jurisdiction of the Courts

Our website is operated and provided in the State of Colorado, USA. As such, we are subject to the laws of the State of Colorado, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Colorado.

11. Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

12. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2008 Symbyos, with all rights reserved, or is the property of Symbyos and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Symbyos is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Symbyos.

Symbyos™, ToothIQ™, Symbyos.com™, and ToothIQ.com™, Symbyos.net™, and ToothIQ.net™ are proprietary marks of Symbyos. Symbyos's trademarks may not be used in connection with any product or service that is not provided by Symbyos, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Symbyos.

All other trademarks displayed on Symbyos's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors or other third-parties. In addition, such use of trademarks or links to the web sites of Vendors or other third-parties is not intended to imply, directly or indirectly, that those Vendors or other third-parties endorse or have any affiliation with Symbyos.

The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any other material or element form the Site including, but not limited to the design or layout of the Site, individual elements of the Site's design, or the Symbyos or ToothIQ logo without the express written permission of Symbyos is strictly prohibited.

13. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Symbyos designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Mail: Symbyos P.O. Box 270571 Louisville, Colorado 80027-5009
Telephone: 720-890-6004
Email: toothiq_admin@symbyos.com

14. Translation utilities

ToothIQ was originally written in English, for English-speaking users. Recognizing that the content of ToothIQ is potentially useful to all people, Symbyos provides language translation services through Google™ Translate as a convenience to the non-English speaking users of ToothIQ. This is done solely to broaden the accessibility of its educational platform to a larger audience. Symbyos makes no warrantees, either expressed or implied about the quality or accuracy of Google Translate, and is not responsibile for any misunderstanding, miscommunication, or inappropriate treatment which may result either directly or indirectly from the use of Google Translate. Moreover, the educational content on ToothIQ is not intended to substitute for the advice and/or treatment of a qualified dental professional in any circumstance.

15. ToothIQ Member Dentist Profile Information Disclaimer

All ToothIQ Member Dentist Profile information displayed on www.ToothIQ.com is supplied to Symbyos by the individual ToothIQ Member Dentists, and its accuracy is not independently verified by Symbyos. Symbyos makes no warranties, either expressed or implied as to the accuracy, validity, or truthfulness of assertions contained in the Member Dentist Profiles, and is not responsible for any consequences arising out of inaccurate, invalid, or untruthful assertions, which may be contained within the ToothIQ Member Dentist Profile pages. Symbyos provides this information solely as a convenience to users of ToothIQ and ToothIQ Member Dentists, and recommends that all users independently verify the assertions of Member Dentists through any appropriate licensing authorities in the jurisdiction of the specific Member Dentist if desired.

16. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Symbyos, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.