Welcome to Nobel Biocare’s website. Nobel Biocare Services AG and its affiliates provide this website subject to the following conditions.  If you visit the website at www.nobelbiocare.com (“Site”), you accept these terms and conditions (“Terms”) and any other terms which are incorporated herein by reference; if you do not agree, please do not use this Site. Please review the Terms carefully. Nobel Biocare may update the Terms at any time without notice to you. The most current version of the Terms can be reviewed by clicking on the "Terms & Conditions" hypertext link located at the bottom of this Site.

1 Definitions

The definitions below constitute an integral part of these Terms.

  1. Nobel Biocare" or “We” means Nobel Biocare Services AG or the Nobel Biocare company as identified on your invoice or order confirmation;
  2. "You” means a person or company using this Site and/or purchasing Products from Nobel Biocare;
  3. Site” means the website at www. nobelbiocare.com;
  4. Terms” means these terms and conditions including any other terms which are incorporated by reference

 

2 Use of this Site

By accessing the Site, You agree that You will not use this Site for any purpose that is unlawful or prohibited by these Terms. You shall not use the Site in any manner that could damage, disable, overburden, or impair any server or network of Nobel Biocare or affiliated companies. You shall not gain or try to gain unauthorized access to any area on the Site which is protected by password, or any other computer systems or networks connected to any server of Nobel Biocare through hacking or any other means.

All information provided by Nobel Biocare on this Site is made available to provide immediate access for the convenience of interested persons. Nobel Biocare aims to include accurate and up to date information, but makes no representations or warranties, express or implied, as to the accuracy or completeness of the information provided on this Site and disclaims any liability for the use of this Site and any site linked to it. The information and materials provided on this Site are intended to be general and do not constitute advice in any specific patient case. For specific advice on treatment You should contact Your Treatment Provider.1 Nobel Biocare may change this Site at any time without notice but does not assume any responsibility to update it. Access and use of this Site and any website linked to from this Site and the content thereof is at the risk of users. Neither Nobel Biocare nor any other party involved in creating, producing or delivering the Site or on any website linked to from this Site shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect or punitive damages arising out of access, use or inability to use this Site or any website linked to from this Site, or any errors or omissions in the content thereof.

No offer and no solicitation: The information provided on this Site does not constitute an offer of or solicitation for the purchase or disposal of, trading or any transaction in any Nobel Biocare securities. (Investors must not rely on this information for investment decisions.)

Forward-looking information: This Site may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic or financial factors, and therefore actual results may differ significantly from those pretended.

Information on products: some products shown or described on this Site may not be available or not be regulatory cleared, released or licensed for sale in all markets. Please contact Your local Nobel Biocare office for current product assortment and availability. Product images on this Site are not necessarily to scale. All Nobel Biocare products are intended for purchase only by a licensed physician. Please go to Warranty Program for more information on the Nobel Biocare Warranty Program.

Information on Treatment Providers: Neither Nobel Biocare nor any affiliated company which manufactures or distributes any Nobel Biocare components or other products makes any representation, guarantee, covenant, or other undertaking, express or implied, with respect to the qualifications of or standard of care exercised by the Treatment Providers listed on or referred to by this Site. Nobel Biocare shall not be responsible for any errors or omissions, or for the use or results obtained from the use of this information. The Treatment Providers listed herein or referred by this Site are customers of Nobel Biocare. Nothering herein should be construed to imply that Nobel Biocare and any individual Treatment Provider have entered into any partnership, joint venture or agency with the other party. Nobel Biocare is not a licensing or governing body for dental professionals; please refer to the appropriate governmental dental licensing authority for license or status verification. Nobel Biocare makes no representations regarding any individual Treatment Provider’s licensing status.

3 Warranty

Nobel Biocare guarantees its Products pursuant to the Nobel Biocare Warranty Program. The terms and conditions of the Warranty Program, including but not limited to eligibility, scope of warranty and claims procedure, can be viewed here. The Nobel Biocare Warranty Program constitutes an integral part of these Terms.

4 Liability resulting from the use of the Products

You assume all risks and liability resulting from the use of Products whether used separately or in combination with other products not manufactured by Nobel Biocare. In no event shall Nobel Biocare be liable for indirect or consequential damages.

The Nobel Biocare Warranty Program is given in place of all implied warranties and any implied warranties are excluded to the fullest permitted extent. Neither Nobel Biocare nor any affiliated company which manufactures or distributes any Nobel Biocare components makes any warranty with respect to Nobel Biocare components, express or implied, written or oral, including guarantees of merchantability of fitness for a particular purpose. In addition, Nobel Biocare and its affiliates disclaim all liability to a Treatment Provider for lost earnings, income or profits, failure of a Treatment Provider to conform to generally accepted standards of dental practices and all other direct or indirect, incidental or consequential damages resulting or arising from the design, composition, condition, use or performance of Nobel Biocare components.

Although the information and recommendations at this Site are presented in good faith and believed to be correct, Nobel Biocare makes no representations or warranties as to the completeness or accuracy of the information. Information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will Nobel Biocare be responsible for damages of any nature whatsoever resulting from the use of or reliance upon information from this Site or the Products to which the information refers. Nobel Biocare strongly recommends completion of formal post graduate implant education and strict adherence to the procedures described in Nobel Biocare’s implant instructions manuals and instructions for use. Neither the Products nor any information made available by Nobel Biocare are intended to replace the services of a trained health professional or to be a substitute for medical advice of Treatment Providers.

Nobel Biocare does not warrant the accuracy or timeliness of the materials on this Site and has no liability for any errors or omissions in the materials.

5 Intellectual Property Rights

All intellectual property rights on this Site and Products are and shall remain the exclusive property of Nobel Biocare or its licensors, as applicable. All texts, graphics, interfaces, photographs, trademarks, logos, sounds, music, videos, artwork and computer code contained on this Site is owned, controlled or licensed by or to Nobel Biocare, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

a) Copyright
This Site and the information contained and referenced therein are copyright protected. Any copy, reproduction, republication, upload, translation, retransmission or other use is strictly prohibited. Requests for permission to reproduce any information contained on this Site should be addressed to Nobel Biocare Services AG, Legal Department, P.O. Box, CH-8058 Zurich-Airport or write to legal@nobelbiocare.com

If you have access to MyLibrary, you may download several materials, property of Nobel Biocare, for a specific use on your own material or website. This non-exclusive, non-transferable, free and revocable license is granted to you by Nobel Biocare. Nobel Biocare may revoke this license at any time. When downloading and using any of the Nobel material, you must at all times clearly indicate that the material belongs to Nobel Biocare (referencing it with the copyright notice © Nobel Biocare Services AG), and you should refrain from making any statement that could imply that Nobel Biocare endorses your practice or that your practice belongs to Nobel Biocare or any entity of the Nobel Biocare Group. You shall refrain from altering or modifying any of the material available for download. The material available for download may be withdrawn or modified at any time by Nobel Biocare, without notice. Nobel Biocare does not make any representation as to the fitness or legality of your use of such material in your jurisdiction. Please refer to your local laws and regulations in order to assess whether such use is permissible. Nobel Biocare shall not be held liable for any consequences arising out or in connection with the use by any third party, including you, of any of the material available for download on the MyLibrary section, and you agree to indemnify Nobel Biocare in full for all direct and indirect damages as well as reasonable attorneys' fees, that may be incurred by your use of the Nobel Biocare material.

b) Trademark guidelines
The name Nobel Biocare is synonymous with highest-quality restorative and esthetic dental products and services. Nobel Biocare’s trademarks represent the standards of excellence and consistent quality associated with Nobel Biocare. In order to improve readability, Nobel Biocare does not use ™ or ® in the running text or on pictures and other images on this Site for its own marks and may not use ™ or ® for the marks of third parties. By doing so, however, Nobel Biocare does not waive any rights to its own marks and fully acknowledges rights of third parties to their respective marks. Please read Nobel Biocare’s Trademark List for more information on Nobel Biocare’s trademarks and service marks. The Trademark List constitutes an integral part of these Terms. Any rights not expressly granted herein are reserved. Nobel Biocare does not waive any right to a trademark, service mark or other intellectual property and nothing herein shall be construed to the contrary.

Proper use of Nobel Biocare’s trademarks and service marks is important. You may use Nobel Biocare’s trademarks, service marks or product names to refer to Nobel Biocare products and services provided You follow these guidelines. Your use must not mislead consumers as to any Nobel Biocare sponsorship, affiliation, or endorsement of your company, or of Your products or services. Your use shall not discredit Nobel Biocare or any affiliated company.

When referring to Nobel Biocare products, apply the appropriate trademark symbols in accordance with our current Trademark List.

The common way to set trademarks apart from other words or nouns is to capitalize the product name and use the appropriate trademark symbol and appropriate descriptor. Examples:

  • Correct: "NobelGuide® is a complete treatment concept for all indications."
  • Incorrect: "NobelGuide is a complete treatment concept for all indications."

When using Nobel Biocare’s trademarks, service marks or product names, include an attribution of Nobel Biocare ownership of the trademark(s) in the credit notice section of your documentation or advertisement. Follow this format: "Nobel Biocare, NobelProcera, NobelGuide and All-on-4 are trademarks of the Nobel Biocare group."

c) Patents
Products may be covered by one or more of the patents listed in the Patent Marking Document. The Patent Marking Document constitutes an integral part of these Terms. Additionally, Products may be protected by patents that cover the use of a certain Product in combination with one or more other Products. Purchase of a genuine Nobel Biocare product includes a license to combine that product with other genuine Nobel Biocare products as part of a patented combination including but not limited to the combination claimed in U.S. Patent No. 6,733,291 and 8,721,335. Such license does not extend to combinations with non-Nobel Biocare products. No other manufacturer is authorized to grant such a license.

Unless expressly authorized by Nobel Biocare, purchasers of genuine patented Nobel Biocare products are prohibited from re-selling these Products other than to patients (or as permitted by compulsory law), and are also prohibited from exporting genuine Nobel Biocare products.

6 Governing law

These Terms shall be governed by Swiss substantive law to the exclusion of the international conflict of laws provisions thereof and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising out Your use of the Site shall be the place of business of Nobel Biocare Services AG in Kloten, Switzerland. However, Nobel Biocare may also take legal action against You at Your place of business.

1 “Treatment Provider” means dentists, physicians and dental technicians.