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TERMS AND CONDITIONS

The following terms ("Terms of Use") constitute an agreement between CMP Industries, LLC, a New York limited liability company and Nobilium (collectively "NOBILIUM"), and you that governs your use of the following website and all of their associated services, content and functionality. The Terms of Use applies to the Website and database administered by NOBILIUM located at http://www.DentureID.com and any related apps developed for smartphones and tablets (collectively "Website"). Your use of the Website constitutes your acceptance of, and agreement to the following Terms of Use. The Terms of Use apply to all Website users, including, but not limited to, viewers, vendors, customers, merchants, caregivers and contributors of content. NOBILIUM reserves the right to modify, alter, amend, or update its Website, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

Privacy Statement

The Website receives and stores information, such as name, email address, address and other demographic information that you voluntarily submit through the Website for the purpose of registering your DentureID microchip, subscribing to the Website to receive newsletters, or requesting certain information. By registering your DentureID microchip and submitting your personal information on the Website, you are granting NOBILIUM permission to store and maintain that information. We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. Although NOBILIUM does not provide dental or medical treatment and does not manufacture your dental prosthetic, we do provide the DentureID microchip to dental laboratories and licensed dental professionals. The information we collect from you regarding your DentureID microchip is used to identify you and your denture. As such, NOBILIUM may share your information with your dental laboratory, dentist, or other healthcare provider, so that they may provide dental and/or medical treatment to you, including the manufacture or repair of your denture. By providing your information and registering your DentureID microchip, you consent to NOBILIUM's storage and retention of said information and sharing of said information, as provided above. Each DentureID microchip that is registered will be encoded by dental professionals with basic information about the denture and the identity of its owner. Upon receiving your DentureID microchip and the certificate containing the username and password associated with your DentureID microchip, you will be able to control information stored on the database affiliated with the serial number of your DentureID microchip. You should not store health information, financial information, or other sensitive information on the DentureID Website or database, and you hereby agree to not do so. In addition to the information you provide us related to your DentureID microchip, the Website may also receive and store certain types of usage-related information when you interact with the Website, including, but not limited to, your computer's IP address, and your web browser information. The information we collect on our Website is used to customize the content and/or layout of our page for each individual visitor. The Website may use cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize Website content based on visitors’ browser type or other information that the visitor sends. Cookies or web beacons may also be used by third-party services, such as Google Analytics. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. However, this may prevent you from taking full advantage of the Website. From time to time, the Website may engage in remarketing efforts with third-party companies, such as Google or Facebook, in order to market the Website. The Website may also use other third-party ad providers that use cookies to serve ads based on someone's past visits to the Website. At any time, you may opt out of Google Ads by modifying your Google Ad settings. These third-party ad servers or ad networks use technology to the advertisements and links that appear on the Website send directly to your browsers. They automatically receive your IP address when this occurs. Other technologies (such as cookies, JavaScript, or Web Beacons) may also be used by the third-party ad networks to measure the effectiveness of their advertisements and/or to personalize the advertising content that you see. The use of cookies, web beacons, or similar technologies by these advertising service vendors is subject to their own privacy policies, not ours, and NOBILIUM disclaims all liability in connection therewith.

Confidentiality

NOBILIUM will not sell, distribute, or reveal users’ email addresses or other personal information, except when required by law, without their consent. NOBILIUM will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products. NOBILIUM may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

Registration and Restricted Access

Access to certain areas of the Website may be restricted. NOBILIUM reserves the right to restrict areas of the Website at its sole discretion. Some restricted areas of the Website may be made available to you as a registered user. If you have registered a DentureID certificate, you agree to keep the microchip ID number and password confidential. If you lose this information, the dental professional who installed the microchip will be responsible for providing you with this information. NOBILIUM has no obligation or expectation to provide this information to you. If you are required to create a user profile to register yourself or someone else, this may require a username and password, which you agree to keep confidential. In this case, if you suspect your password has been compromised, you must notify NOBILIUM immediately at info@nobilium.com. NOBILIUM will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to NOBILIUM or other third parties for any losses incurred due to such unauthorized use. NOBILIUM may disable your username and password at its sole discretion. NOBILIUM reserves the right to modify methods for registration and access levels of registered users from time to time.

Use of the Website

Unless otherwise stated, NOBILIUM owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved. You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:

• Republication of content from the Website, unless content is specifically and expressly made available for republication;

• Sale, rental or sub-license of any content from the Website; Reproduction or duplication of any content on the Website for commercial purposes; Modification of any content on the
Website, unless content is specifically and expressly made available for modification;

• Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution.

From time to time, the Website may utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of NOBILIUM's intellectual property rights. Such use is a limited license to republish the content, with full credit to NOBILIUM.You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law.

You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without NOBILIUM's express written permission. You must not use the Website to transmit or send any unsolicited commercial communications. You must not use the Website for any third-party marketing without NOBILIUM's express written permission. In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related Website, other Website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website. NOBILIUM reserves the right to terminate your use of the Website for violating any of the prohibited uses.

Copyright

Unless otherwise noted, the design, content and all components of the Website are copyrights owned by NOBILIUM or its affiliated/related entities, or other third parties, and are protected by United States and international copyright laws.

Trademark

NOBILIUM is a trademark of CMP Industries, LLC and is protected by United States trademark law. NOBILIUM's trademarks and trade dress may not be used in connection with any product or service that is not NOBILIUM, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits NOBILIUM. From time to time, the Website will legally utilize trademarks owned by third parties related to NOBILIUM's products or services. These trademarks are the respective property of their owners.

Grant of Rights

For information that is not assumed private, you grant NOBILIUM a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, video material and audio-visual material. This license extends to all known and future media. You also grant NOBILIUM the right to sub-license these rights and the right to bring an action for infringement of these rights.

Prohibited Content

Any content you contribute to the site, including, but not limited to text, images, audio material, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or NOBILIUM or a third party. NOBILIUM reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on NOBILIUM servers; or, (iii) hosted or published on the Website. NOBILIUM takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding NOBILIUM's rights under the Terms and Conditions, NOBILIUM does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

Communications

If you send NOBILIUM an email, register to use the Website or provide your email to NOBILIUM in any other way, you consent to receive communications from NOBILIUM electronically, either directly or through its third-party communications (e.g., Mailchimp). You agree that all legal notices provided via electronic means from NOBILIUM satisfy any requirement for written notice.

Third Parties

The Website may contain links to third-party Website that are not governed or controlled by NOBILIUM. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the website. NOBILIUM assumes no control or liability over the content of any third-party sites. We do not monitor or review the content of other party’s websites which are linked to from this Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. NOBILIUM will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information. You expressly hold harmless NOBILIUM from any and all liability related to your use of a third-party Website. Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Website, you expressly hold NOBILIUM harmless from any and all liability in any dispute.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. NOBILIUM reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order) if any information on the Website is inaccurate. NOBILIUM undertakes no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on the Website has been modified or updated.

No Warranties

The Website is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. NOBILIUM makes no representations or warranties in relation to the Website or the information and materials provided therein. NOBILIUM makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. NOBILIUM is not responsible to you for the loss of any content or material uploaded or transmitted through the Website.

Limitation of Liability

NOBILIUM WILL NOT BE LIABILE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer

NOBILIUM has made every effort to ensure that all information on the Website is accurate. NOBILIUM makes no guarantees regarding the results that you will see from using the information provided on the Website. You must not rely on the information on the Website as an alternative to advice from your dental, medical professional or healthcare provider. You should never delay seeking dental or medical advice, disregard dental or medical advice, or discontinue dental or medical treatment as a result of any information provided on the Website. Consult your dental or other healthcare provider if you have specific concerns about NOBILIUM or its products as they relate to your health. The information provided on the Website is provided "as is" without any representations or warranties, express or implied. The Website make no representations or warranties in relation to the information provided in the content.

Indemnity

You agree to defend, indemnify and hold NOBILIUM, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which NOBILIUM suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

Availability

Unless otherwise stated, the services featured on this Website are only available within the United States of America, or in relation to postings from the United States of America. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of NOBILIUM. NOBILIUM does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best of its ability.

Links to this website

You may not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers. This company is registered in the State of New York, USA under CMP Industries LLC with a primary address of 413 North Pearl St., Albany, NY 12207.

MISCELLANEOUS

These Terms and Conditions will be governed and construed in accordance with the laws of the State of New York. Any controversy or claim arising out of or relating to the Terms and Conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Albany, New York. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms and Conditions may not be assigned by you without NOBILIUM's prior written consent, however, the Terms and Conditions may be assigned by NOBILIUM in its sole discretion. The Terms and Conditions are the final, complete and exclusive agreement of the parties with respect to the Website offered by NOBILIUM. NOBILIUM reserves the right to change these Terms and Conditions from time to time as it sees fit and your continued use of the Website will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification will be made on our website. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis. These Terms and Conditions form part of the agreement between you and NOBILIUM. Your accessing of this Website indicates your understanding, agreement to and acceptance, of the Privacy Policy and the full Terms and Conditions contained herein. Your statutory consumer rights are unaffected. All notices with respect to the Terms and Conditions must be in writing and may be via email to info@nobilium.com.


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