Terms of Use

Information on using ToothIQ.com

Integration Compensation Services, LLC d/b/a Symbyos (“Symbyos”), a Colorado company having its principal place of business at 901 Front Street, Suite 220, Louisville, CO 80027, supports the rights of consumers to be fully informed about their oral health needs and treatment options.

1. Description

Text, illustrations, photographic, radiographic, animated video and other clinical media (“Clinical Content”) made available through ToothIQ is intended to efficiently assist consumers in achieving a sufficient understanding of their oral health and its relationship to overall wellness, so that consumers may be reasonably informed participants in decisions about oral healthcare. Clinical Content is not intended to substitute for the advice of a qualified health professional, and use of Clinical Content does not constitute the practice of dentistry.

Clinical Content made available through ToothIQ is produced and owned by Symbyos, with all rights reserved by Symbyos.

Symbyos also owns and maintains the systems that serve the Clinical Content on this website and subdomains of ToothIQ.com, including without limitation, all source code, programs, databases, data structures, software architecture, logical navigation, hosting and streaming accounts, (“Systems”).

2. Disclaimer of Warranties

ToothIQ is provided by Symbyos 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 ToothIQ, Clinical Content or Systems in terms of their 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.

USE OF TOOTHIQ DOES NOT CONSTITUTE THE PRACTICE OF DENTISTRY. DO NOT USE THIS SITE AS A SUBSTITUTE FOR THE ADVICE OF A QUALIFIED DENTAL PROFESSIONAL. PERSONS HAVING DENTAL SYMPTOMS SHOULD NOT DELAY IN BEING SEEN BY A DENTIST OR PHYSICIAN BASED ON SOMETHING DISPLAYED, VIEWED OR OTHERWISE OBTAINED FROM 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 SUBSCRIBER, AUTHORIZED USER, EDUCATIONAL USER, APPROVED DENTAL SCHOOL OR ANYONE ELSE FOR ANY DECISION MADE, OR ACTION TAKEN, BASED ON RELIANCE UPON THE INFORMATION CONTAINED OR PROVIDED INDIRECTLY THROUGH EITHER THE PUBLIC OR LOGIN AREAS OF THIS SITE.

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. No personally identifying information is collected from any person known to be a child under the age of 13. View the complete ToothIQ Privacy Policies Statement.

4. Use of Content and Systems

Downloading, duplicating or reproducing text, source code, photographs, illustrations, images, audio, or videos (in general, Content), from this site is strictly forbidden for all users of ToothIQ.

Redistribution of any of the Content found on this site other than as explicitly set forth herein for Subscribers, Authorized Users and Educational Users through such limited channels as may be made available by Symbyos, is also forbidden.

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

No user of this site may copy, reproduce, distribute, alter, adapt, modify, improve, translate, publicly perform or publicly display content or features of this site, or its systems, except that limited private display of Content is allowed as explicitly set forth herein. No user may decompile, reverse engineer, disassemble, or otherwise attempt to derive Source Code from ToothIQ or Systems.

Use of Content by any Users does not confer or transfer any ownership rights in Content to such User. All rights to Clinical Content and Systems shall at all times remain with Symbyos.

No user shall interfere in any manner with the hosting of ToothIQ or its subsystems; remove, modify or obscure any proprietary rights notice(s), including without limitation any copyright notice(s), included in any user interface, screen shot, web page, presentation, video, animation, documentation or materials made available through ToothIQ.

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 MAY BE INAPPLICABLE.

6. Indemnification

Subscriber agrees to indemnify and hold Symbyos, its 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 Subscriber’s or Authorized Users’ (acting on behalf of Subscriber) use of ToothIQ described in Section 1 (Description), the violation of this Agreement, or infringement by Subscriber, Authorized User (acting on behalf of Subscriber), or other User of ToothIQ, of any intellectual property or any other right of any person or entity.

Educational User also agrees to indemnify and hold Symbyos, its 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 Educational User’s or Authorized Users’ (acting on behalf of Educational User) use of ToothIQ described in Section 1 (Description), the violation of this Agreement, or infringement by Educational User, Authorized User (acting on behalf of Educational User), or other User of ToothIQ, of any intellectual property or any other right of any person or entity.

7. Modifications and Interruption to Services

Symbyos reserves the right to modify Clinical Content and Systems, and hosting and streaming of ToothIQ (“Symbyos Services”) with or without notice to any user.

Symbyos shall not be liable to any user or any third party should Symbyos exercise its right to modify Symbyos Services.

8. Third-Party Sites

ToothIQ includes links to other sites on the Internet that are owned and operated by online merchants and other third parties. Users acknowledge that neither Symbyos nor Symbyos are responsible for the availability of, or the content located on or through, any third-party site. Users should contact the site administrator or webmaster for such third-party sites if there are any concerns regarding such links or the content located on such sites. User’s use of third-party sites is subject to the terms of use and privacy policies of each site, and Symbyos is not responsible therefore. Symbyos encourages all Users to review privacy policies of any third-party sites before using those 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. Any User who chooses to access third-party sites does so at their 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 MAY BE INAPPLICABLE.

9. Disclaimer regarding accuracy of third-party information

Product specifications and other information from Vendors and Third Parties have either been provided by the Vendors or collected from publicly available sources. While Symbyos makes every effort to ensure that the Clinical Content contained on ToothIQ is accurate, Symbyos makes no representations or warranties as to the accuracy or reliability of any Vendor or Third Party information provided on or through 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 User acknowledges that any reliance on representations and warranties provided by any Vendor or Third-Party shall be at their own risk.

10. Governing Jurisdiction of the Courts

This website is operated and provided in the State of Colorado, USA. As such, it is 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. Symbyos makes no representation that this website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access this 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 ToothIQ in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to use Systems 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 Clinical Content and Systems included or available on this site and the selection and arrangements thereof is © Symbyos, with all rights reserved, or is the property of Symbyos and/or, if so indicated, third parties protected by intellectual property rights and used with permission of such third parties.

Any use of Content or materials on this website except as explicitly set forth in this Agreement, including reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind is strictly prohibited. All users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy ToothIQ web pages or the content contained therein.

Symbyos’s proprietary marks 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. ToothIQ™, ToothIQ OnYourWebsite™, and ToothIQ Elements™ are trademarks of Symbyos. Neither these trademarks, nor any other of Symbyos’s proprietary marks may 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.

Any other proprietary marks displayed on this website are the property of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors or other third-parties. In addition, such use of proprietary marks 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 from Symbyos-owned websites 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 901 Front Street Suite 220 Louisville, Colorado 80027
Telephone: 1-720-890-6004
Or use the Contact form on the About page

14. 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 extent possible. User agrees that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Symbyos, at its sole discretion, to a third party in the event of any merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement that may exist between User and Symbyos, in relation to User’s participation as a user. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of any personal or non-personal information and other practices as set forth in the ToothIQ Privacy Policies Statement.

Page last updated: September 26, 2016