Definitions
(a)Evident Inc. (“Evident”, “evident”, “Seller”, “we”, “us”, or “our”) means supplier of products and services.
(b) Customer (“Customer”, “purchaser”, “you”, or “your”) means the person, company, business, organization, or entity purchasing products or services from Evident.
(c) Contract means any document signed, initialed, or otherwise agreed to by you without alteration, and conditions or such addendums that you sign, initial, or otherwise agree to (per Section 10.6 below) in connection with the products or services you are purchasing from Evident.
(d) Effective Date means the date signed, initialed, or otherwise agreed to by you.
(e) Product(s) means the system you purchase from Evident. The system comprises of hardware, software and accessories.
(f) Software means the software for which you download via the Medit website, including any updates and software error corrections generally provided to customers.
(g)Consumable: Accessories that are used in course of application and subject to wear and tear (e.g. autoclavable scanner tips)
1. License and Sale. Subject to these terms and conditions and any addendums or amendments, we (i) grant you a non-transferrable, non-exclusive license to use the Software during the term of such license (“Software License”), (ii) sell you the hardware (“Hardware”) which you are purchasing, and (iii) agree to provide mutually agreed-upon services as set forth in the Contract.
1.1 License Terms. The License for each Product comprising Software is that we deliver to you at the site identified by you and permits you to make one copy of the Software solely for backup and archival purposes. You may not:
(a) use or copy the Software except as permitted in this Contract;
(b) translate, reverse engineer, decompile or disassemble the Software, except as expressly permitted by applicable law;
(c) rent, lease, assign or transfer the Software or Software License, except as expressly permitted by this Contract;
(d) modify the Software;
(e) use the Software other than in connection with the patients of your own dental practice; or
(f) use the Software to provide service bureau services.
These limitations will survive termination of this Contract for any reason. You obtain no rights other than the License granted in this Contract and we reserve all rights not expressly granted herein. We retain title to the Software and any copy(ies) made of it.
2. Fees; Payments, Taxes.
You shall pay to Evident the relevant prices for the Products according to the quotation provided to you. The Prices shall not include export or import and like taxes and any applicable customs duties.
2.1 Shipping & Handling. We will deliver the Product to the address you specify to us prior to each delivery or, for Software, via download. We will invoice you for the transportation charges. Shipping and handling charges are subject to change. You will bear the risk of loss of, and damage to, the Products after delivery except that we will bear the risk of loss for damages incurred during shipping that you report to us within five days of delivery if you inspect the Products promptly upon arrival and promptly report all visible damage to the shipper.
2.2 Returns. In the event Evident accepts a return of the equipment, we may charge the Purchaser a 15% restocking fee
3. Term and Termination.
3.1 Term. Sales are effective on the Effective Date.
3.2 Termination for Cause. If either party fails to perform any material obligation under this Contract, then the non-defaulting party may give written notice to the defaulting party specifying the material failure. If the material failure is not corrected within 30 days after the date of such notice, then the non-defaulting party may terminate this Contract upon written notice to the defaulting party. The right of the non-defaulting party to terminate this Contract is in addition to all other rights that are available to it.
3.3 Effect of Termination. Upon termination or expiration, you will pay us all amounts you owe to us under this Contract through the date of termination or expiration.
4. Nondisclosure and Confidentiality.
4.1 Disclosure. Each party may disclose to the other party or become aware of Proprietary Information (as defined herein) of the party or of the party’s associated companies, suppliers, or customers. “Proprietary Information” means Trade Secrets (as defined under applicable law), the Software, and other information that is of value to its owner and treated by its owner as confidential. Proprietary Information does not include:
(a) information already known to recipient without an obligation to keep such information confidential;
(b) information received by recipient in good faith from a third party lawfully in possession of the information and having no obligation to keep such information confidential; or
(c) information publicly known at the time of recipient’s receipt from the disclosing party.
4.2 Requirement of Confidentiality. The recipient of any Proprietary Information shall:
(a) not disclose such information except to its employees, contractors, and subsidiaries who have a need to know and who are bound by confidentiality obligations substantially like those herein, and
(b) use such information only in connection with the purposes of this Contract.
The obligations of this Section with respect to Proprietary Information not constituting a Trade Secret will continue for the longer of any term of any Software license or of any Support Services agreement, and for a period of three years thereafter. For Proprietary Information constituting a Trade Secret, the obligations of this Section 5 will continue for so long as such Proprietary Information remains a Trade Secret.
5. Infringement Indemnity. We will, at our expense, defend any action brought against you to the extent that it is based on a claim that a Product when used as authorized by this Contract infringes any valid and enforceable patents, copyrights, or trade secrets, provided that we are immediately notified in writing of any such claim and provided that we will have the exclusive right to control the defense thereof. If, because of such action you are enjoined from using the Product, then we may, at our sole option and expense, either procure for you the right to continue to use the Product or replace or modify the Product to avoid or settle such claim, litigation or litigation threat. If such settlement or modification is not reasonably practical in our sole opinion, then we may, at our option:
(a) discontinue and terminate the license in the case of Software, or
(b) accept return of the Hardware, upon written notice to you.
In either case, we will refund to you the book value of the products so returned. This Section 6 describes our entire liability with respect to infringement, misappropriation, or alleged infringement or misappropriation of any trademarks, copyrights, patents or trade secrets by the Products.
6. Data Security/HIPAA Compliance.
6.1 Data Security. Consistent with all applicable regulations, we shall maintain appropriate security measures to protect personal information of your patients to which we are exposed while providing Products or Services under this Contract.
6.2 HIPAA & HITECH. A separate HIPAA and HITECH compliance agreement shall be executed by you and us in the event an exchange of confidential health information is necessary. You shall ensure that any data shared with Evident for the purposes of trouble shooting meets the prevalent data privacy laws. Any patient information not pertinent to the purpose shall be redacted and/or removed by other means before forwarding such data to Evident and /or
7. Environmental Matters
7.1 The Customer will be responsible for the financing of the costs for the collection, treatment, recovery, and disposal of the supplied electrical and electronic equipment when it becomes waste in accordance with local laws. Any charges in this Agreement do not include costs for collection, treatment, recovery, and disposal of old and new electric devices.
8. Warranty, Remedies, and Limitations.
8.1 Warranty. For the warranty period applicable to each Product as indicated in Exhibit A (the “Initial Warranty Period”), and thereafter for as long as you have purchased extended warranty (the “Extended Warranty Period”), we warrant the Product to be free from defects in material or workmanship under normal use and service, and warrant the Product to perform substantially in accordance with its documentation. You are solely responsible for using the Products and for the accuracy and adequacy of data entry. You have full responsibility for the care and well-being of your patients and any reliance by you upon the Products does not diminish that responsibility. These warranties are made only to the original purchaser/licensee of the Products and are not transferable.
8.2 Remedies. In the event of a breach of the foregoing warranties during the period within which the Product is covered by a warranty or service plan described in Exhibit A, we will correct the breach in accordance with the applicable plan if you notify us of the breach during the Service Period. In the event of a breach of all other warranties and if you notify us of the breach during the Service Period, then we will repair or replace the Product or re-perform the Support Service where cure of the breach is possible through repair, replacement or re-performance. If repair, replacement, or re-performance is not possible, then we shall be liable only for direct damages, subject to the maximum liability provided herein. This section provides your sole and exclusive remedy for any cause of action against us, regardless of the form of action, whether based in contract, tort (including negligence), strict liability or any other theory of law. The parties to this Contract have each agreed to the fees and entered into this Contract in reliance upon the remedies, warranties, limitations and disclaimers set forth in this Contract, and the same form an essential basis of the bargain between the parties.
9. Limitation of Liability.
9.1 Limitation of Remedy. In no event will either you or we, each of our affiliates (if any), or any of each of our officers, directors, employees, stockholders, agents or representatives be liable to the other or any other person or entity for any special, indirect, incidental, exemplary, punitive, or consequential damages, including but not limited to any loss of or damage to goodwill, loss of business, loss of revenue, or loss of anticipated profits or savings, even if the other party has been notified of the possibility or likelihood of such damages occurring, and whether such liability is based on contract, tort, negligence, strict liability, products liability or otherwise.
9.2 Maximum Liability. Except for our liability for infringement indemnity (as set forth in Section 6), and our liability for death, personal injury or physical property damage (to the extent arising out of or resulting from a proven manufacturing or design defect in a Product, or from our gross negligence or willful misconduct), in no event will our liability for damages to you, or to any other person or entity regardless of the form of action, whether based on contract, tort, negligence, strict liability, products liability or otherwise, ever exceed the amount received by us under this Contract.
10. Miscellaneous.
10.1 Relationship of Parties. This Contract will not be construed to create any employment, partnership, joint venture or agency relationship or to authorize either you or us to enter into any commitment or contract binding the other.
10.2 Assignment. This Contract and all rights and obligations under it may not be assigned in whole or in part by you, including to a leasing company, without our prior written consent. Either party may assign this Contract in connection with a reorganization, merger, consolidation, acquisition, divestiture or restructuring involving all or substantially all such party’s voting securities or assets, provided that any transfer of software licenses hereunder will be in accordance with policies and procedures. This Contract will be binding upon and inure to the benefit of the parties, their legal representatives, permitted transferees, successors and assigns.
10.3 No Waiver. No delay or failure in exercising any right under this Contract and no partial or single exercise of such right will be deemed to constitute a waiver of such right or any other rights hereunder. No consent to a breach of any express or implied term of this Contract will constitute consent to any prior or subsequent breach.
10.4 Contact. By signing, accepting, or agreeing to this Contract, you agree that we may contact you at the phone number and email address provided by you for anything related to the Products purchased under this Contract.
10.5 Force Majeure. Neither party will be liable for failure to perform any of its respective obligations under this Contract, other than the payment of fees, if and during such time as such failure is caused by an event outside its reasonable control, including, but not limited to, an act of God, pandemic, epidemic, war (declared or undeclared), terrorism, civil unrest, strike, or natural disaster.
10.6 Governing Law. Notwithstanding the place where this Agreement is executed, or where obligations under this Agreement are performed, the parties expressly agree that this Agreement and any claim or controversy arising out of or relating to rights and obligations of the parties under it will be governed by and construed in accordance with the substantive laws of the Commonwealth of Virginia, United States of America, without regard to its conflicts of laws principles. The parties submit to the exclusive jurisdiction of the courts of the Commonwealth of Virginia, United States of America.
10.7 Amendments. All modifications or amendments to this Contract will be ineffective unless made in writing and signed or otherwise accepted or agreed to by authorized representatives of the parties.
10.8 Entire Agreement. This Contract constitutes the entire agreement between the parties as to the subject matter hereof and supersedes all prior or contemporaneous agreements, negotiations, representations, and proposals, whether written or oral. Any terms and conditions that are incorporated in your purchase order(s) or any similar document(s), if any, shall be considered contemporaneous proposals and therefore remain subject to the preceding sentence.
10.9 Notices. All notices and other communications under this Agreement shall be in writing and shall be delivered by hand or overnight courier service, mailed or sent by other telegraphic communications equipment of the sending Party as follows:
Evident Inc
#3254-1968 S. Coast Hwy
Laguna Beach, CA
92651
Tel: (+1) 877-909-7770
Website: www.evidentdigital.com
11. Implementation, Training and Conversion Services and Obligations
11.1. Implementation. It is the responsibility of the customer to set up the product. Evident will guide you through the installation of the Product remotely if requested. We will send you information explaining your upcoming onboarding, implementation & training once your purchase is complete.
11.2. Integration Restrictions. You understand that integration of other (i.e., third party) software and hardware with the Products may not be feasible and we make no guarantee that such integration can be achieved other than as expressly provided in the Product documentation. You are responsible for any costs incurred by you because of our or your inability to integrate such other software and hardware with the Products. If you retain us to attempt integration, you agree to pay us for all services rendered in attempting to integrate such other software and hardware regardless of the ultimate outcome of that effort.
11.3. Training
Evident provides pre-recorded online training videos and resources, with every scanner purchase.
Customers have the option to purchase 1-1 Virtual Training Packages at an additional cost:
The training schedule for 1-1 Virtual Trainings is subject to change and can be customized to each customer’s needs.
The standard training process is as follows:
Evident is a web-based dental lab management system that is intended to combine software and services for dentists and dental labs with access, convenience and communication tools, including Evident Dentist Gateway and Evident Pay.
Evident is aware of the importance of protecting your privacy and we are sensitive to handling your personal information and the personal health information of patients. We are committed to collecting, using and disclosing personal information responsibly and only as described in this Privacy Policy or as required to provide our services.
To this end, we have developed this Privacy Policy, trained our professional, technical and support staff about our policies and practices, and have also appointed a Privacy Officer to help foster compliance with our Privacy Policy throughout Evident.
This Privacy Policy applies as between you, the user of this website, and Evident, the owner and provider of this website. This Policy applies to our use of any personal information collected by us in relation to your use of the website and product, service, or system therein. If you disagree with anything in this Privacy Policy, do not use this website.
By visiting this website or submitting personal information through our website, Products, or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy.
This Privacy Policy is incorporated into and subject to our Terms of Use. We reserve the right to change this Privacy Policy from time to time. Your continued use of the site following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes. This Privacy Policy applies to our websites. We are not responsible for the privacy policy or content of any third-party website linked to our website. Please check with these third-party organizations or companies for their specific privacy policies.
Should you have any questions or require additional information about our Privacy Policy, please email us at [email protected].
Personal information is any information that identifies you, or by which your identity could be ascertained and includes any health-related information. In Canada, business information (for example, your business title or business address and business telephone number) is not considered to be personal information according to privacy legislation.
Generally, we collect and use only the personal information that we believe we require to deliver our products or services; if we cannot collect and use your personal information, we are unable to provide you with our products or services.
Without limitation, any of the following information (some of which may be personal information) may be collected: name, date of birth, gender, company name, job title, address, phone number, email address, profession and license number, patients’ names, medical information, vendor names and contact information, demographic information such as postal/zip codes, cookies, IP logs, billing information, billing name and address, credit card number, and other information.
We may also collect certain information from visitors too, and users of the website, such as Internet addresses. This information is logged in to help diagnose technical problems, and to administer our website in order to constantly improve the quality of the product or service. We may also track and analyze non-identifying and aggregate usage and volume statistical information from you and provide such anonymous information to third parties.
Automatically collected information such as cookie information (see Section 9 below) or similar data on certain parts of our website for fraud prevention and other purposes. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information to help us identify your IP address, web browser type and version, operating system, and /or device for fraud prevention and diagnostic purposes; or
Other information that you may choose to disclose is information you upload or post to our websites.
We will only collect that information necessary for the purposes set out in this Privacy Policy. We collect, use and disclose personal information for the following purposes:
to identify and to ensure continuous high-quality service;
to enable us to contact you and maintain communication with you, including, without limitation, to distribute health care information, book and confirm orders and requests, transmit promotional materials or newsletters that we believe may be of interest to you, or contact you for market research purposes, all of which may be done using email, telephone, fax or mail;
to communicate with health care practitioners and/or other health care providers and organizations where required for health care;
to allow us or you to efficiently follow-up for care and billing and to collect unpaid accounts and to process payments in general;
for teaching and demonstration purposes on an anonymous basis and for research, health surveillance and statistical analysis of data purposes and we may provide such information to third parties on an anonymous basis;
aggregated or de-identified information may be provided to third parties to improve or promote our services. No individual can reasonably be identified or linked to any part of the information we share with third parties to improve or promote our products and/or services.
to comply with the legal and regulatory framework of relevant legislation and to comply with any other requirements mandated by a government authority;
to permit potential purchasers or advisors to evaluate our business in preparation for the sale of our business;
to deliver records to our insurance provider to enable them to assess liability and quantify damages, if any;
for administrative/management activities such as planning resource allocation, reporting or evaluation;
to comply generally with the law; and
for any other purpose that may be identified before or at the time the information is collected.
Except as described in this privacy policy, we do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our web site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. Although we may make reasonable inquiries to determine that these select organizations maintain privacy policies similar to ours, we are not responsible for the enforcement of such policies.
We may also release your information when we believe release is appropriate to comply with the law, enforce our website policies, or protect our or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third-party websites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked websites. Nonetheless, we seek to protect the integrity of our website and welcome any feedback about these websites.
In most instances, we will collect information directly from you in the following ways:
Usage data. We collect usage data about you whenever you interact with our website. This may include which webpages you visit, what you click on, when you performed those actions, and so on. Additionally, like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses.
Device data. We collect data from the device and application you use to access our services, such as your IP address and browser type. We may also infer your geographic location based on your IP address.
Information from page tags. We use third party tracking services that employ cookies and page tags (also known as web beacons) to collect aggregated and anonymized data about visitors to our websites. This data includes usage and user statistics.
By using our website, you consent to our website Privacy Policy. We will collect, use and disclose your personal information only on the basis of your consent, except where otherwise required or permitted by applicable laws. You may provide your consent to us either orally or in writing. Your consent may also be implied through your conduct with us, such as by your use of this website.
We will limit the collection of personal information to those purposes identified in this Privacy Policy. Similarly, your personal information will not be used or disclosed for purposes other than those for which the information is collected or as described in this Privacy Policy or as required, or permitted, by law.
We will retain your personal information for the periods prescribed by applicable rules and guidelines. After the expiry of these periods we may destroy, erase or make your personal information anonymous.
We destroy our records (which include electronic records and hardware) in a way that protects your privacy. We use methods that include shredding by bonded contractors who must adhere to contractual privacy obligations.
We will attempt to ensure that your personal information is as accurate, complete and up-to-date as possible for the purposes that it is to be used. If any of your personal information changes, please inform us immediately so that we can make the necessary changes.
We take what we believe are reasonable precautions to ensure that your personal information is protected from loss, theft, unauthorized access, modification, use, copying, disclosure or tampering. Your information is protected whether recorded on paper or electronically.
We have safeguards in place to protect all personal information retained in our facilities, and during their disposal and destruction. Our safeguards include:
physical measures (locked filing cabinets, restricting access to our office, alarm systems);
technological tools (passwords, encryption, firewalls, anonymizing software); and
organizational controls (limiting access on a “need-to-know” basis, staff training, confidentiality agreements).
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway provider’s database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
Despite these measures, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we make reasonable efforts to protect your personal information, we cannot guarantee its absolute security.
Evident (via this website) may set and access cookies on your computer. Cookies are small files stored in your computer that identify users entering our website. These files allow us to direct you to your preferred subsections of our web site and enable statistical analysis of how our website is used. Only aggregated data, no individual records, will be used for this analysis.
You may delete cookies; however, you may lose any information that enables you to access the website more quickly.
You can choose to enable or disable cookies in your web browser. By default, your browser will accept cookies, however this can be altered. For further details please consult the help menu in your browser. Disabling cookies may prevent you from using the full range of services available on the website.
In addition, Google, as a third-party vendor, uses cookies to serve ads on our website. Google’s use of the DART cookie enables it to serve ads to users based on their visit to this website and other websites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
Online Tracking. We currently do not process or comply with any web browser’s “do not track” signal or other similar mechanism that indicates a request to disable online tracking of individual users who visit our websites or use our products or services (unless otherwise stated in a service-specific privacy statement).
At your written request, we will inform you whether we hold personal information relating to you and if we do, we will let you know the purposes for which we used your personal information and the organizations or type of organizations to which we disclosed your personal information.
If your request is made in writing, and subject to applicable laws and the provisions of this policy, we are also able to provide you with access to your personal information that is in our possession. A fee sufficient to recover our costs may be levied for such access requests and you will have to provide information or documentation to verify your identity. We will inform you of the approximate cost before proceeding to respond to your request.
Your rights to access your personal information are not absolute. Access can be denied for several different reasons under applicable legislation. If we deny your request for access to your personal information, we shall explain why.
Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or maintain personal information or nonpersonal information on the website from persons under 13 years of age, and no part of our website is directed to persons under 13. If you are under 13 years of age, then please do not use or access the website at any time or in any manner. If we learn that personal information of persons under 13 years of age has been collected on this website without verified parental consent, then we will take the appropriate steps to delete this information.
We do not knowingly collect or maintain Personal Information or Sensitive Personal Information on the website from persons under the age of 18 whose IP address shows that person is located in Maine. If you are under 18 and are located in Maine, please do not use or access the website at any time or in any manner.
If we hold personal information about you and you believe that it is not accurate, complete and up-to-date, you can request to have it amended (or amend it yourself via your account information page), by means of a request to our Privacy Officer as described below. If we discover that information is not accurate, complete and up-to-date, we will take reasonable steps to correct it. We will also send any information that has been amended, where appropriate, to any third parties that have access to the information. If we refuse a request to correct information, we shall explain why and we will make a note of this in your file (and forward such note to anyone else who received the earlier information).
Evident reserves the right to change this Privacy Policy as is deemed necessary from time to time or as may be required by law. Any changes will be posted on the website, and you are deemed to have accepted the terms of the Privacy Policy on your first use of the website following the alterations. We encourage you to check this page whenever you use our websites and services to understand how your personal information is used. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. Your continued use of our websites and services will constitute your acceptance of the revised policy.
If you have any questions or concerns, or wish to access your personal information, please contact our Privacy Officer at the addresses listed below. We take your concerns seriously and will do everything necessary to respond to you without undue delay.
Privacy Officer
750-999 Canada Place
Vancouver, B.C.
V6C 3E1br
We have a 14-day return policy on Medit Scanners only, which means you have 14 days after receiving your item to request a return.
For exocad & Saremco Resin: All sales are final. Once purchased, we do not entertain any return / exchange requests.
We know you will love your scanner! But if you are unsatisfied, return it, no questions asked!
To start a return, you can contact us at [email protected]. If your return is accepted, we’ll send you instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
You can always contact us for any return questions at [email protected].
Damages and Issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item so that we can evaluate the issue and make it right.
Exchanges
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.
Refunds
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.
We ship your scanner or Exocad purchase within 21 days after we receive your order. You will receive an email with your tracking details as soon as we ship your order.
You can always write to us at [email protected] if you need more information.
Interested in financing your scanner? You have come to the right place!
We are offering 0% Finance:
Please complete the form below to start exploring your financing options.
*Note: Financing Options for Canadian customers might differ from the above.
Endri Dervishaj,
Evident
