Published On December 22, 2020. Last Updated on December 15, 2021.
Terms of Sale & Use
This document specifies the terms of sale and use of all products sold by Dr U Devices in All medium, means, or platforms including but not restricted to its websites and affiliate internet platforms.
WHEREAS, Dr. U Devices Inc sells Dr.UGraft Zeus a rotary surgical device and its accessories that drives a tissue cutting Punch (Dr.UPunch i – aka The Intelligent Punch) which together are hereinafter referred to as the “Dr.UGraft Products”;
WHEREAS, Customer has purchased or wishes to purchase and / or use any Dr.UGraft Product, subject to the terms and conditions set forth herein.
NOW THEREFORE, the Purchaser and / or User agree as follows:
Welcome to Dr.UGraft! Through our website you can learn more about Dr.UGraft products and can also purchase DrUGraft products.
Dr.UGraft is a trademark owned by Dr. Sanusi Umar and licensed to Dr. U Devices Inc. Dr U Devices Inc. both operates the uGraft.com website and sells Dr.UGraft, Dr.UPunch i and accessories branded goods. (collectively, “Dr.UGraft”, “We”, “Us”, or “Our”). THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS SITE (THE “SITE”) AND THE RELATED SERVICES, FEATURES, CONTENT, APPS, WIDGETS OFFERED OR ANY PURCHASES YOU MAKE VIA THE SITE.
Dr.UGraft Places Limits on the Use of Our Website
Unless otherwise noted, Dr.UGraft products and services are intended to be used solely by the purchasing clinic for use in direct patient care only. You agree to use the products and our website only for lawful, noncommercial purposes (other than direct patient care) and in compliance with all international, federal, state and local laws.
A license for use is provided in these Terms and Conditions. The purchaser or user is prohibited from reproducing, distributing, reverse engineering, modifying, copying, adapting, renting, leasing, loaning, selling, licensing and otherwise exploiting Dr.UGraft products or the content of the Site.
This Website Provides Education – Not Healthcare Advice
The products and the claims made about specific products on this site have not been evaluated by the United States Food and Drug Administration. The information provided on this site is for informational purposes only and is not intended as a substitute for the professional opinion and know-how of the charge physician or other health care professional using Dr. UGraft Products.
You Agree to Use Our Website Lawfully
You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) account at any given time for the Site; (d) you will only provide us with true, accurate, current and complete information if you register for an account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof) and (e) that you have full power and authority to enter into the Terms and Conditions and in doing so will not violate any other agreement to which you are a party.
You may not use our products for any illegal or unauthorized purpose nor may a user, in the use of Our Website violate any laws in the user’s jurisdiction. You must not transmit any worms or viruses or any code of a destructive nature. You must be at least thirteen years old in order to use ugraft.com.
You can send Dr. U Devices Inc. a message through a contact form available at https://ugraft.com/contact/. This contact form provides information which Dr. U Devices Inc. may use to contact you. You agree not to impersonate any person or entity, including, but not
limited to a representative of Dr. U Devices Inc. or falsely state or otherwise misrepresent the user’s affiliation with a person or entity.
You Can Set Up an Account on the Website
We Can use the Content That You Provide Us
We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.
We Can Review Your Submissions
We have no obligation to verify the identity of any users when they are connected to the Site or to supervise the User Content that has been provided by users. You acknowledge that we may or may not pre-screen, monitor, review, edit or delete the User Content posted by you and other users on the Site. We and our designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, users of the Site and the public. In any case, we are not responsible or liable for damages of any kind arising from any failure, non-failure, or delay in removing such User Content even when we are advised of the possibility of such damages.
You Must Comply With Our User Code of Conduct
(1) determine whether a violation of the Terms and Conditions has occurred or (2) comply with any applicable law, regulation, legal process or governmental request.
We do not Endorse User Content Simply Because it is on the Website
We do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertisers, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site. We do not assume, and expressly disclaim, any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by our receipt or acceptance of any such materials.
Transmitting Material Involves a Technical Transmission
You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site. You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures we may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or (vi) harvest or scrape any content from the Site.
The Sole Remedy a User has for Using the Website is to Discontinue Using the Website
Dr. U Devices Inc. strives to provide accurate information on Our Website. There may be inaccuracies or typographical errors on the text or images on the website. Dr. U Devices Inc. makes constant updates to the website both to correct these errors and to include updated product information. This state of flux makes the website inappropriate for medical decision making. Rather, you are encouraged to consult medical professionals when making a purchasing decision. All information on the website is provided “as-is” without warranty or a condition of kind. All warranties of this information are disclaimed to the extent permitted by law including warranties of title, merchantability, and fitness for a particular purpose. You agree that Dr. U Devices Inc. and its suppliers shall not be liable for any damages arising from the use of the website or the performance of the website. Instead a user’s sole remedy is to discontinue use of the website.
Prior to making a purchase, a user should possess the necessary qualification and training to use Dr. UGraft Products. All sales are final. All Dr. UGraft Products and Products sold on this website are sold on an “as is” and “with all faults” basis. The entire risk as to the quality and performance of the goods is with the buyer. Should the goods prove defective following their purchase, the buyer and not the manufacturer, distributor, or retailer assumes the entire cost of all necessary servicing or repair. Every sale of goods, on an “as is” or “with all faults” basis, shall constitute a waiver by the buyer of any implied warranty of merchantability and, where applicable, of the implied warranty of fitness.
When a user adds a product to a cart and places an order, or places the order using any other medium, the user is making an offer for purchase to Dr. U Devices Inc. Dr. U Devices Inc. can, in its own discretion, accept, reject, or make a counteroffer to the order. Dr. U Devices Inc. reserves the right, but is not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. Dr. U Devices Inc. may exercise this right on a case-by-case basis. Dr. U Devices Inc. reserves the right to limit the quantities of any products offered for sale. The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing. Offers are accepted free on board from Dr. U Devices Inc.’s place of business. The order is accepted by shipping the product. Until the order is shipped, Dr. U Devices Inc. can reject or make a counteroffer to the order.
You shall read the label and product packaging on all products sold and follow the instructions on both the label and the product packaging. Since orders are being sent from the US, before your package can be released to you for delivery, you may have to pay custom charges and any import fees before your local postal service releases your package. Please be aware that we do not collect these charges and that it is your responsibility to pay these fees to your local agency. The buyer assumes all cost and liability associated with customs and other local regulatory or authority determinations regarding the shipment. For more information on customs, tariffs or an estimate, please contact your local customs office to determine what the charges would be for “Surgical and Dental Instruments” (HS Tariff Code: 9018.90) based on the value of your total purchase.
A User Must Supply Accurate Billing Information and Orders can be Refused
Dr. U Devices Inc. reserves the right to refuse any order a user places. Dr. U Devices Inc. may, in its sole discretion, limit or cancel quantities purchased per person, per company per clinic or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Dr. U Devices Inc. makes a change to or cancel an order, it may attempt to notify the user by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Dr. U Devices Inc. reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update account and other information, including an email address, a credit card numbers and expiration dates, so that Dr. U Devices Inc. can complete the transactions and contact the user as needed.
All Dr. UGraft Products and Products sold on this website or any other forum, medium, manner or platform are sold on an “as is” and “with all faults” basis. The entire risk as to the quality and performance of the goods is with the buyer.
Should the goods prove defective following their purchase, the buyer and not the manufacturer, distributor, or retailer assumes the entire cost of all necessary servicing or repair.
Every sale of goods, on an “as is” or “with all faults” basis, shall constitute a waiver by the buyer of any implied warranty of merchantability and, where applicable, of the implied warranty of fitness.
In the event, Dr U Devices agrees to have a product returned, the cost and logistics of return shipping and handling are the responsibility of the customer. The condition of the item must be in the same condition as when you received it, including the original packaging.
Over the years, there have been many infringers of the intellectual property of Dr. U Devices Inc. and its affiliated companies. You should be wary of material that appears on the internet outside of Our Website with regard to whether goods are genuine. Please report goods that you believe are infringing the trademarks of Dr. U Devices Inc. at https://ugraft.com/contact/or by email to firstname.lastname@example.org.
Dr. U Devices Inc. makes no warranty that these goods are genuine or safe to use. You are prohibited from reselling any goods purchased from Dr U Devices either through our Website or other medium.
Independent of the absence of warranty, Dr. U Devices Inc may offer a separate “Repair, Service and Parts” coverage at a cost. The terms and cost of this coverage would be covered in a separate “Repair, Service and Parts” Agreement.
Intellectual Property Rights
All Dr. U Device products, Dr. UGraft Products and Products displayed on our website, as well as our website and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively “Proprietary Material”), are protected by copyright, trademark and laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by us or by other parties that have provided rights thereto to us.
Except as otherwise provided in these Terms and Conditions or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
Rights Holders can Make Claims for Copyright Infringement
Notice. If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 1) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; 2) Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address; 3) A statement by you that you have a good belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 4) A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
For clarity, only DMCA notices should go to our corporate headquarters, Dr U Devices Inc; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service at email@example.com. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid. After receiving a claim of infringement, we will process and investigate the claim and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material. Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information in writing to the corporate headquarters of Dr. U Devices, Inc.: 1) Your physical or electronic signature; 2) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled; 3) A statement under of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content removed or disabled; and 4) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal district court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a proper counter-notice is received by us, we may send a copy of the counter-notice to the original complaining party informing that person that we will replace the removed content or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after our receipt of the counter-notice, at our sole discretion.
Claims of Infringement May Result in Terminating Your User Account
We may, in appropriate circumstances, terminate your account for the Site and any or all affiliate websites if you are a repeat infringer. If you believe that a user is a repeat infringer, please contact us and provide information sufficient for us to verify that the user is a repeat infringer.
Your Account May be Terminated at any Time
We may terminate or suspend your access to our website, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms and Conditions, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we will not be liable to you or any third party for any termination of your access to the Site.
There May be Third Party Links to Websites on our Website
You may be able to link to third party Websites, services or resources on the Internet from the Site, and third party Websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
Some Material on our Website May be From Third Party Merchants
The Site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions.
There May be Advertisements, Sponsorships, Co-Promotions, and Other Partnerships on this Website
We may display advertisements for the goods and services of a third party on the Site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.
Users Disclaim Liability for Use of our Website
Visitors to the site agree that their use of, and reliance on any advice or information obtained from or through, the site is at their own sole risk. The site is provided “as is” and “as available,” without representation or warranty of any kind, either express or implied. Without limitation of the foregoing and to the fullest extent permitted under applicable law, we (including our affiliates, third party content providers, merchants, sponsors, licensors and the like, and their respective directors, officers and employees) specifically disclaim any and all representations and warranties, express or implied, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the site; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties implied by any course of performance or usage of trade. We also make no representations and warranties as to any linked sites and we have no liability or responsibility with respect to your use of such sites. In some instances, content made available on the site may represent the opinions and judgments of providers or users, such as user content. We and our affiliates do not endorse nor shall we or they be responsible or liable for the accuracy or of any opinion, advice or statement made on the site by anyone other than our authorized employees acting in such capacity.
This disclaimer of liability applies to any damages or injuries caused by the site, including, without limitation, those damages or injuries occurring as a result of: (1) any error, omission, deletion, or defect in the content available on the site, or (2) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. We do not warrant or guarantee: (1) that any portion of the site will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or (2) that access to the site will be uninterrupted or error-free.
We do not warrant or make any representations regarding the use or the results of use of the materials available on the site. You (and not we or any of our affiliates) assume the entire cost of all necessary servicing, repair, or correction. We do not have any obligation to verify the identity of any person subscribing or using the site. Therefore, we decline all liability whatsoever for identity theft or any misuse of your identity or information. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Users Agree to Indemnify Us
There are Limits on Liability
Regardless of the form of action, whether in contract, tort, strict liability, statute or otherwise, in no event will we or our affiliates, including, without limitation, our or their respective officers, directors, employees, agents, partners, suppliers, content providers, successors and assigns, be liable to any party for any direct, indirect, special, exemplary, punitive, incidental, consequential (including, but not limited to, damages for business interruption, wasted expenditure, loss of business and other profits, loss of goodwill, loss of anticipated savings, loss of programs, cost of replacing equipment, software or other goods or services, or loss of records, information or data), or any other damages arising in any way arising out of or related to: (i) the availability, use, reliance on, or inability to use the site any platform applications or any content or other materials on, accessed through or downloaded from the site; or (ii) any claim (including for property damage to your device or computer system) attributable to errors, omissions, or other inaccuracies in, or destructive properties of, the site or the linked sites, or any information, software, products, services or other materials available on or through the site or linked sites, even if we or our affiliates, or our or their respective officers, directors, employees, agents, partners, suppliers, content providers, successors and assigns are aware or shall have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law (thereby minimizing our liability to you to the lowest amount that applicable law permits). You specifically acknowledge that we shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Your sole and exclusive remedy for any of the above claims or for disputes against us or any of our affiliates is to discontinue your use of the. Nothing in these terms and conditions shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these terms and conditions.
Dr. U Devices Inc. and the User Agree to Arbitrate Disputes Under this Agreement
You agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act, and agree not to sue in court in front of a judge or jury. You understand that through individual arbitration, a neutral arbitrator will decide and the arbitrator’s decision will be final except for limited appeal rights under the Federal Arbitration Act. Additionally, as a condition of use of the Dr. UGraft website, you understand and agree that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where an individual acts in a representative capacity is not allowed. You further understand and agree that individual proceedings cannot be combined for any reason whatsoever without express consent of all parties involved. All arbitration will occur in Los Angeles County, California.
If Arbitration is Unavailable, Disputes Must be Litigated in the Los Angeles Area Courts
A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions are the entire agreement between you and us with respect to the Site and any User Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in these Terms and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Please feel free to contact us via one of the methods described on our Contact Us page. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or U.S, mail to your email or mailing address as appearing in our records from time to time.
If the Arbitration clause above is unenforceable for any reason, the user and Dr. U Devices Inc. are to litigate disputes in either Los Angeles County Superior Court or the U.S. District Court for the Central District of California.