Terms of Service

  1. ACCEPTANCE OF TERMS OF SERVICE. Centergistix provides services to any registered user (“Client”), subject to the following Terms of Service (“TOS”), which may be updated by Centergistix from time to time upon notice to each Client. By clicking “I agree” below or otherwise continuing to browse and use this website, the Client is agreeing to comply with and be bound by the following terms and conditions of use, which together with Centergistix’s privacy policy govern Centergistix's relationship with each Client in relation to this website. Any Client or unregistered user can review the most current version of the TOS at any time at: http://www.centergistix.com. The term “Centergistix” or “us” or “we” refers to the owner of the website, Centergistix, L.L.C., a Texas limited liability company.

  2. DESCRIPTION OF CENTERGISTIX’S SERVICE. Centergistix provides Clients access to a web-based Dental Implant Management System (“DIMS”) designed to streamline dental implant procedures for dental professionals. Specifically, DIMS currently contains (a) patient treatment planning and case management features, (b) an implant component profile which allows Clients to choose multiple implant systems, and (c) an electronic archive for patient and order records (collectively the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Centergistix functionalities and properties, shall be subject to the TOS. The Client understands and agrees that the Service is provided “AS-IS, WITH-ALL-FAULTS,” and that Centergistix assumes no responsibility for the accuracy, timeliness, completeness, safety, effectiveness or suitability for any particular purpose of the information and materials recommended, found or offered on this website. The use of any information or materials on this website is entirely at the Client’s own risk. The Services are intended to be of assistance to Centergistix’s Clients, but it shall be each Client’s own responsibility to confirm and ensure that any products, services or information available through this website meet the specific requirements of the Client. In order to use the Service, the Client must obtain access to the Internet, either directly or through devices that access web-based content, and pay the then-current service fees associated with such access. In addition, Client must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

  3. REGISTRATION DATA.  In consideration of Client’s use of the Service, the Client agrees to: (a) provide true, accurate, current and complete information about the Client and the method of payment as prompted by the Client registration form (such information being the “Registration Data”); and (b) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete.

  4. PRIVACY POLICY. Registration Data and certain other information about Client are subject to Centergistix’s Privacy Policy. For more information, please see Centergistix’s full privacy policy.

  5. MEMBER ACCOUNT, PASSWORD AND SECURITY.  The Client will receive an account login ID and password upon completion of the registration process. The Client is responsible for maintaining the confidentiality of the account login ID and password, and is fully responsible for all activities that occur under the designated password or account login ID. Client agrees to (a) immediately notify us of any unauthorized use of Client’s account login ID or password or any other breach of security, and (b) ensure that Client exits from (i.e., log out of) Client’s account login ID at the end of each session. Centergistix cannot and will not be liable for any loss or damage arising from the Client’s failure to comply with this Section 5. Unauthorized use of the Service or this website may give rise to a claim for damages and/or be a criminal offense.

  6. SUBSCRIPTION FEES AND PAYMENT TERMS.  The Client may obtain access to the Service on a pre-paid monthly basis or pre-paid annual basis. Currently, the automatic monthly renewal fee is $99 for specialist (oral surgeons, periodontist, prosthodontist, orthodontist, endodontist) general dentists and labs. Currently, the automatic annual renewal fee includes a 5% discount, and is $1,129.00 per year. A free version for non-Centergistix users does not allow the Client to create new cases or share cases with other users of the service. The Client will have the opportunity to choose their fee arrangement (monthly or annual) and preferred payment method for the Service during the registration process. Unless the Client is participating in a promotional free trial period (or other promotions), pre-payment of fees is required before the Client will be assigned an account login ID or password and otherwise given full access to the Service. If the Client is participating in a promotional free trial period, such pre-payment of fees is required upon expiration of such trial period in order for the Client to be able to continue to use the account login ID and password and otherwise have full access to the Service. Centergistix reserves the right to change the amount and/or price structure for access to the Service (or any portion thereof) at any time; provided however, pricing is guaranteed for the period covered by any prepaid amount in respect of the features of the Service existing as of the date such prepayment is made. Payment is due on the anniversary of the Client’s registration each month or year following the date the account is established. Clients will automatically be charged on a monthly or annual basis, as applicable. The Client is responsible for all money owed on the account from the date it is established to the date that the Client sends a cancellation request in writing via mail, email, facsimile or through the website to Centergistix. Cancellation will take effect as of the next business day following receipt by Centergistix of the cancellation notice and is subject to the provisions of Section 7.

    Orders for the implant materials and components may be made on this website by submitting an order form (via fax or e-mail) to the implant manufacturer, by way of this website.  Centergistix does not manufacture or sell implants or there associated parts and materials and will not charge the Client in connection with any orders the Client places directly with any manufacturer or distributor in connection with the Clients use of the service. 

    Under no circumstances shall Centergistix be liable to the Client for any differences between the prices quoted through this website and the actual prices that are charged by manufacturers and distributors in connection with any order for implant parts or materials. Client may find that actual prices will vary.  Additionally, the prices shown on Centergistix’s website do not reflect any shipping costs, applicable taxes, or other fees or expenses that may be associated with, or charged in connection with, any order for implant parts and materials by the manufacturer, distributor, or any state or local taxing jursidiction. 

  7. CANCELLATIONS AND REFUNDS. Centergistix reserves the right to cancel the Service or Client’s account at any time for any reason. Likewise, the Client may cancel the account at any time for any reason. The Client may cancel an account by sending a cancellation request in writing via mail, email or through the website to Centergistix. Cancellation will take effect as of the next business day following receipt by Centergistix of the written cancellation request. We do not offer any refunds on monthly or yearly licenses.

  8. AVAILABILITY OF SERVICE. Every effort is made to keep the Service and this website up and running smoothly during extended business hours. However, as mentioned above, the Service is provided “AS-IS, WITH-ALL-FAULTS,” and Centergistix takes no responsibility and will not be liable for the Service being temporarily unavailable due to regularly scheduled downtime for system maintenance or episodes involving occasional or unforeseen technical issues. We will endeavor to provide Client with advance notice on Centergistix’s website regarding any scheduled downtime.

  9. CLIENT SERVICE. If any Client has questions concerning an account, Client may contact Centergistix’s Client service department by emailing us at support@centergistix.com.

  10. MODIFICATIONS TO SERVICE. Centergistix reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to Client. The Client agrees that Centergistix shall not be liable to its clients, patients or to any third party for any modification, suspension or discontinuance of the Service beyond such refund amounts as may be owed to Client in the event the Service is discontinued for any period for which its Client has prepaid, subject to the limits set forth in Section 7.

  11. HIPAA COMPLIANCE. Centergistix intends that the Service be maintained by Centergistix and utilized by its Clients in a manner which will assist its Clients in their efforts to become compliant with the Health Insurance Portability and Accountability Act of 1996, as amended from time to time (“HIPAA”). Centergistix has created specific policies and procedures and have reviewed them with HIPAA experts for completeness and applicability. Centergistix has made every effort to assure that Centergistix’s Client’s patient data is safe and secure under Centergistix supervision.  Centergistix reviews its specific policies and procedures on a regular basis to assure the highest standard safety. However, HIPAA requires Centergistix’s Clients to address internal policies, procedures and practices in ways that extend beyond the scope of Centergistix’s products and services. It is not possible for Centergistix or any other web-based application to make its Clients “HIPAA-compliant.” While Centergistix will continue to provide its Clients with product upgrades and information that will assist its Clients in becoming compliant, Centergistix also strongly encourages its Clients to become familiar with all HIPAA regulations and how they impact their own respective practices.

  12. INDEMNITY. The Client agrees to indemnify and hold Centergistix, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of the each Client’s use of the Service, the Client’s connection to the Service, any violation of the TOS, any violation of any rights of another or the Client’s violation of any applicable laws or regulations (including without limitation HIPAA), including without limitation (a) any injury to person or property caused by any Client or the Client’s use of any products sold or otherwise distributed to a Client in connection with the Client’s use of the Service; (b) or any loss suffered as a result of any defective or incorrect product sold to the Client in connection with the Client’s use of the Service.

  13. NO RESALE OF SERVICE. The Client agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service or access to the Service.

  14. GENERAL PRACTICES REGARDING USE AND STORAGE. The Client acknowledges that Centergistix may establish general practices and limits concerning use of the Service, including, without limitation, the maximum number of days that Client data (including case management, patient and implant order data transmitted by the Client to the Service) will be retained by the Service, the maximum amount of data storage that shall be allotted to each Client and the maximum number of times (and the maximum duration for which) the Client may access the Service in a given period of time. The Client agrees that Centergistix has no responsibility or liability for the deletion or failure to store any case management, patient or implant order data maintained or transmitted by the Service. The Client further acknowledges that Centergistix reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to Client.

  15. ACCOUNT DEACTIVATION AND REMOVAL OF DATA. Centergistix reserves the right to disable a Client’s access to its account login ID and to remove any Data the Client may have stored on the Service (including patient data) under the following circumstances: (i) at the end of any promotional trial period, if the Client does not elect to become a paid subscriber of the Service; (ii) upon expiration of the Client’s pre-paid membership period, if the Client does not renew, or upon cancellation of its subscription; and/or (iii) if Client’s credit card is declined upon renewal of Client’s subscription or if Client’s card issuer (or its agent or affiliate) seeks return of payments previously made to Centergistix.

    Centergistix will notify Client via email to Client’s email address that Client has registered with the Service, that Client’s access to the Service will be deactivated, and that any Data residing in Client’s account at the time of deactivation will be deleted. 

    “Data” means the information, data, text, images, messages and all other like materials a Client generates and maintains through Client’s account on the Service. 

  16. DEALINGS WITH MANUFACTURES, DISTRIBUTORS AND ADVERTISERS Client’s correspondence or business dealings with manufacturers, distributors or advertisers listed in or found on or through the Service or this website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Client and such manufacturer, distributor or advertiser. Client agrees that Centergistix shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such manufacturers, distributors and advertisers on the Service.

  17. LINKS The Service may provide links to other Internet sites or resources. Because Centergistix has no control over such sites and resources, Client acknowledges and agrees that Centergistix is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Client further acknowledges and agrees that Centergistix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  18. CENTERGISTIX’S PROPRIETARY RIGHTS Client acknowledges and agrees that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Client further acknowledges and agrees that content contained in, or information presented to Client through, the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Centergistix, Client agrees not to modify, rent, lease, loan, sell, distribute, reverse engineer or create derivative works based on the Service or the Software, in whole or in part. 

    Centergistix grants Client a personal, single-user, non-transferable and non-exclusive right and license to use the Software through the Service; provided that Client does not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Client agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Client agrees not to access the Service by any means other than through the interface that is provided by Centergistix for use in accessing the Service. 

    Although any redistribution or reproduction of part or all of the content in Centergistix’s website is prohibited, Client may print or download to a local hard disk extracts for Client’s personal business use only.

  19. DISCLAIMER OF WARRANTIES.   CLIENT EXPRESSLY UNDERSTANDS AND AGREE THAT: 

    (a)       CLIENT’S USE OF THE SERVICE IS AT CLIENT’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS WITH-ALL-FAULTS” AND “AS AVAILABLE” BASIS. CENTERGISTIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

    (b)       CENTERGISTIX MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET CLIENT’S REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS; SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY CLIENT THROUGH THE SERVICE WILL MEET CLIENT’S EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. 

    (c)       ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CLIENT’S OWN DISCRETION AND RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 

    (d)       CENTERGISTIX DOES NOT GUARANTEE OR WARRANT THAT ANY DATA CLIENT MAY HAVE IN CLIENT’S ACCOUNT LOGIN ID WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION OR DESTRUCTION. CLIENT is RESPONSIBLE FOR BACKING UP, ON CLIENT’S OWN COMPUTER, ANY IMPORTANT PATIENT DATA, DOCUMENTS, IMAGES OR OTHER DATA STORED ON THE SERVICE. CENTERGISTIX WILL NOT BE RESPONSIBLE FOR ANY ARCHIVING OR BACKUP OF ANY SUCH INFORMATION. FURTHER, IF ANY DATA IN CLIENT’S ACCOUNT LOGIN ID AND STORED ON THE SERVICE IS DAMAGED, LOST OR CORRUPTED IN ANY WAY, CENTERGISTIX WILL HAVE NO OBLIGATION OR LIABILITY TO CLIENT. 

    (e)        NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM CENTERGISTIX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  20. LIMITATION OF LIABILITY CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT CENTERGISTIX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CENTERGISTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 

  21. NOTICES. Notices to Centergistix Clients may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to Client generally on the Service.

  22. COPYRIGHT AND TRADEMARK NOTICES AND DISCLAIMERS. All contents of Centergistix’s Service and Centergistix’s website are: Copyright © 2012 Centergistix and/or its suppliers, 1757 Broad Park Circle North, Suite 101, Mansfield, TX 76063 U.S.A. All rights reserved. 

    Centergistix, the Centergistix logo, Dental Implant Management System and DIMS trademarks and service marks, and other Centergistix logos and product and service names used by Centergistix from time to time are trademarks of Centergistix (the “Centergistix Marks”). Without Centergistix’s prior permission, Client agrees not to display or use in any manner, the Centergistix Marks. 

    Centergistix is not an agent of or in any way associated with any provider of implant and/or implant parts or materials. The names and respective trademarks of these companies whose catalogue of products has been incorporated into the Service are not owned by Centergistix and are used on Centergistix’s website for the limited purpose of accurately identifying these companies’ respective dental products.

  23. GENERAL TERMS. The TOS constitute the entire agreement between the Client and Centergistix and govern the Client’s use of the Service and Software, superseding any prior agreements between the Client and Centergistix. The Client may also be subject to additional terms and conditions that may apply when the Client uses affiliate services, third-party content or third-party software. The TOS and the relationship between Client and Centergistix shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. The Client and Centergistix agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Tarrant, Texas. The failure of Centergistix to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect. The Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.