Terms & Conditions

By placing an order through www.pikedentalsupply.com, you agree to the terms and conditions set forth below. This Terms & Conditions document ("Agreement" or "T&C") is a legally binding agreement made by and between Pike Dental Supply Co. ("Pike") and you ("you"). This Agreement governs your use of the Pike™ website and the products we offer on the website ("Products"), so please read it carefully. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEBSITE OR PLACE ANY PURCHASE FOR PRODUCTS ON THE WEBSITE. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE WEBSITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT AND OFFERS PROVIDED ON THE WEBSITE.

THIS AGREEMENT ALSO INCLUDES A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER. Please see the Arbitration and Waiver of Class Action sections below for more information.

We reserve the right to change or modify these Terms & Conditions at any time and your continued use of this site will be conditioned upon the Terms & Conditions in force at the time of your use.

RETURN POLICY

If for any reason you are unhappy with a product you have received, the manufacturer of that product will assist you through the process. Return guidelines are listed below:

  • If for any reason you are not satisfied with the merchandise; you may return product within 1 year of purchase date for a full refund excluding shipping charges.

  • A full credit or replacement will be issued for defective merchandise up to its shelf life.

  • A full credit will be issued for orders incorrectly filled by Pascal International.

How to return:

  • Contact Pascal’s customer service department at 800-426-8051 for a Return Authorization number (this number is required prior to returning your product) and return address. Returning of goods is the responsibility of the customer unless goods are considered by Pascal to be defective.

  • To expedite the processing of your return, please reference your order number when calling.

  • Once the merchandise is received a credit will be issued to the credit card used during initial purchase.

  • Pascal has sole discretion on issuing credit for payment or credit on account if credit card is unable to be produced or is no longer an active account.  

Using the Website

Except as expressly provided below, you are hereby granted a limited, non-exclusive right to use the content and materials on the Website in the normal course of your use of the Website. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this T&C or otherwise, except as expressly set forth in this T&C. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in this Agreement. You may only use the Website or make purchases on the Website if you are the age of majority in your state. You must comply with all of the terms and conditions of this Agreement, the policies referred to below, and all applicable laws, regulations and rules when you use the Website. In your use of the Website and the services available on the Website ("Services"), you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Website or any web sites linked to the Website; (iii) interfere with or damage the Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the Services; (viii) use any meta tags or any other "hidden text" utilizing the Pike™ name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Website or Services; or (xi) assist any third party in engaging in any activity prohibited by this T&C.

Content

By posting, storing, or transmitting any content on or to the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.

We do not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Website. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Website and take any other action to restrict access to or the availability of any material that we or another user of the Website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this Agreement).

Accuracy of Information

We attempt to ensure that the information on the Website is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.

Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "PLACE MY ORDER", "I ACCEPT" or such similar links as may be designated by Pike to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these T&C. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY PIKE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Sales Tax

If you purchase any Products on the Website, you will be responsible for paying any applicable sales tax indicated on the Website or required by law.

Fraud

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud, or any other fraud on the company. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

Intellectual Property Rights

All materials on the Website, including without limitation, the software, logos, design, text, graphics, images, photographs, illustrations, audio and video material, user interfaces, sounds, artwork, computer code (including html code), products, information other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors or other companies. You may not use such materials without permission. Pike™ Dental Supply Co. is a trade name we own. The related design marks, and other trademarks on the Website are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission. You may not deep link to portions of the Website, or frame, inline link, or similarly display any of our property, including, without limitation, the Website.

Third Party Websites

PikeDentalSupply.com may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website's operators. You agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

Comments

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Website ("Comments") will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments. You will, at our cost, execute any documents to effect, record, or perfect such assignment. We will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.

Indemnification

Except where prohibited by law, included in the state of New Jersey, you agree to defend, indemnify and hold the Website, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, and employees harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys' fees, costs and expenses ("Claims"), made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of this Agreement, (e) your violation of any rights of another or (f) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our consent.

DISCLAIMERS, EXCLUSIONS AND LIMITATIONS

IN NO EVENT WILL PIKE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PRODUCT LIABILITY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN THE EVENT CERTAIN OF THE COMPANY’S LIABILITY TO YOU CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THE COMPANY’S MAXIMUM LIABILITY TO YOU FOR ALL SUCH DAMAGES SHALL BE $100.

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

Applicable Law

This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of California, without regard to principles of conflict of laws thereof.

Arbitration

All disputes arising out of or relating to any purchase you make with via this Website, any information you provide via the Website, this T&C (including its formation, performance or alleged breach), and your use of the Website will be exclusively resolved under confidential binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. The AAA Rules are available at www.adr.org or by calling 1-855-712-3032. If you initiate arbitration, PIKE will promptly reimburse you for any standard filing fee which may have been required under AAA Rules once you have notified PIKE in writing and provided a copy of the arbitration proceedings. However, if PIKE is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to PIKE. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. The arbitration will be conducted in the city of San Diego, California, but may proceed telephonically if the claimant so chooses.

The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this T&C may be joined to an arbitration involving any other party subject to this T&C, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in the state of California to enforce this T&C or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

WAIVER OF CLASS ACTION RIGHTS

ANY DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE WITH VIA THIS WEBSITE, ANY INFORMATION YOU PROVIDE VIA THE WEBSITE, THIS T&C (INCLUDING ITS FORMATION, PERFORMANCE OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITE SHALL BE SUBMITTED INDIVIDUALLY BY YOU, AND SHALL NOT BE SUBJECT TO ANY CLASS ACTION OR REPRESENTATIVE STATUS. BY ENTERING INTO THIS T&C, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM SUBMITTED TO ARBITRATION. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST PIKE™ IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AND YOU ARE GIVING UP THE RIGHT TO LITIGATE THROUGH A COURT, OR TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

Additional Terms and Conditions

In addition to these Terms & Conditions, your purchase of Merchandise through the Website is subject to the Website Privacy Policy, which is incorporated herein by reference.

Termination

We will have the right to terminate your access to the Website if we reasonably believe you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and we may, in our discretion, cancel any outstanding orders for the Product. If your access to the Website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This Agreement shall survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Website.

Miscellaneous

You acknowledge and understand that if the Website is unable to provide the Products as a result of an event outside of its control, the Website will not be in breach of any of its obligations towards you under these Terms. This Agreement contains the entire understanding between you and us regarding the use of the Website, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto. This Agreement will be binding upon each party hereto and its successors and permitted assigns. This T&C and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this T&C will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this T&C. The invalidity or unenforceability of any provision of this T&C will not affect the validity or enforceability of any other provision of this T&C, all of which will remain in full force and effect.

Contact Us

Questions about the Terms & Conditions should be sent to us at info@pikedentalsupply.com.

 

Privacy Policy

Last modified January 30, 2019

This Privacy Policy (this “Policy”) describes first, the types of information that Pike Dental Supply Co. (“Pike” “we,” “our,” or “us”) may collect from you (“you”) or that you may provide us when you use the website www.pikedentalsupply.com (the “Website”), and second our practices for collecting, using, maintaining, protecting, and disclosing that information. This Policy applies only to information that we collect from the Website, and not to information collected by us offline, through any third-party, or by any third-party that may be accessible or linked to or from the Website.

By accessing or using the Website, including purchasing or obtaining our products or services through the Website, you agree to this Policy. If you do not agree with the terms of this Policy, do not use the Website or provide any information to us. This Policy may change from time to time. Your continued use of the Website after any revisions we make to this Policy constitutes your acceptance and agreement to those changes, so please check the Policy periodically for updates.

INFORMATION WE COLLECT, HOW WE COLLECT IT, AND HOW WE USE IT

We love to personalize your experience on the Website making your shopping experience fluid and user friendly. For this purpose we gather some personal information such as individual name(s), dental practice, mailing address, e-mail address, telephone number, IP address, or any other identifier by which you or any other individual may be contacted online or offline; and non-personal information such as your browser type, your internet connection, the URL of the previous web site you visited, the equipment you use to access the Website, and details about how you use the Website.

This information is either provided to us by you when you purchase our products or use our services, submit a form on the Website, contact us, enter a contest or participate in a promotion, submit feedback, or report a problem regarding the Website or our products or it is automatically collected when you access and use the Website. This information may be in regards to your use of the Website, product purchase information, your or device information. If you do not want us to collect this information then please do not use the Website.

The technologies we use for automatic information collection may include “cookies.” A cookie is a small file placed on your browsing device. It may be possible to refuse to accept cookies by activating the appropriate setting on your computer, tablet, or smartphone. However, if you select this setting you may be unable to access certain parts of our Website. There may be functionality on the Website provided or performed by third-parties. These third parties may use cookies or other tracking technologies to gather information about you when you use the Website or purchase our products or services. Third parties’ tracking policies and procedures are not under our control. You should contact the third party provider directly should you have questions regarding their security and privacy practices.

In addition, we may use other typical practices used frequently on the internet, such as pixel tags, web beacons, and other similar technologies, to track visitors on the Website. Those tools may be used by us and by third parties to collect information about you and your internet activity, even if you have turned on the Do Not Track signal located in your web browser’s settings. We do not respond to “Do Not Track” messages currently.

The information you provide us with or we collect from you grants you access to the Website, grants you information regarding products or services as requested by you, grants you promotional information, helps us improve our products and services, helps us improve the Website, helps us follow legal and safety precautions, helps us contact you when requested, and helps us respond to any other purpose you may have provided us the information. We may also use this information in any other way we may describe at the time you provide the information to us, and for any other purpose with your consent.

DISCLOSURE OF YOUR INFORMATION

We do not share your Personal Information with third-parties in any manner not described in this Policy. We may disclose aggregated Non-Personal Information about our users, and information that does not identify any individual, to third-parties to help us improve the Website. We may disclose your Personal Information to contractors, service providers, and other third-parties we use to support our business and who are bound by contractual obligations to keep your Personal Information confidential and use it only for the purposes for which we disclose it to them, to a buyer or successor in the event of a merger, reorganization, dissolution, or other sale or transfer of some or all of Pike business or assets, to fulfill the purpose for which you provide it, for any other purpose disclosed by us when you provide Personal Information, with your consent, to additional third-parties such as law enforcement, government entities, courts, or other third parties as required or allowed by applicable law when requested. We may also disclose your Personal Information to comply with any court order, law, or legal process, including to respond to any government or regulatory request or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Pike or its affiliates, customers, or others.

YOUR CHOICES AND OPTING OUT

Periodically, we may email you with Pike Dental Supply news, information, changes, or sales offers related to the Website or our products and services. If you want to “opt-out” of emails from usYou can “opt-out” of receiving emails from us at any time by following the instructions included in your email or by sending a reply stating your request, and we will make the requested changes. Whether you opt out of receiving promotional emails or not, Pike Dental Supply Co. reserves the right to email or otherwise contact you with respect to important information, notices or changes relating to our products and services.

ACCESSING AND CORRECTING PERSONAL INFORMATION

If you’d like to see, modify, correct, or delete any of your Personal Information, send us an email with your request to info@pikedentalsupply.com. Your Personal Information will be updated unless we believe the request would be against any law or legal requirement or if we believe the information is false. California Civil Code Section § 1798.83 permits California residents who use our Website to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. If you would like to obtain information along these lines, please send an email to info@pikedentalsupply.com

DATA SECURITY

Data transmitted over the internet is not absolutely secure. Although we have taken precautions to safeguard your Personal Information, we cannot warrantee the security of your Personal Information. By using the Website, you recognize and agree that you are granting your Personal Information to us at your own risk. We are not accountable for failure or circumvention of any privacy settings or security measures we may have set up to secure your Personal Information.

CHILDREN UNDER THE AGE OF 13

It is not our intent to gather Personal Information from children under the age of 13. If you are under the age of 13, you should not submit any Personal Information to us, create an account, sign up for our newsletter, purchase product(s), or register in any way. If we discover that we have recorded or received Personal Information from a child under 13 without parental consent or authorization, we will delete that information. If you have cause to think we may have Personal Information from or about a child under 13, please inform us at info@pikedentalsupply.com.

CHANGES TO OUR PRIVACY POLICY

We may make changes or adapt this Policy at any time. The terms of this policy are effective as of the date listed at the top and this is also the date wherein this Policy was last revised.

CONTACT INFORMATION

If you’d like to ask questions or make a comment about this Policy and our privacy practices, contact us.