Terms of Use

Last Updated:  September 30, 2024

Cumberland Biotherapeutics, LLC (“Cumberland”) the owner of DentoClude™ F provides the opportunity for users of http://cumberlandtx.com  and related websites where this policy appears (the “Site”) to access and review information about our products and to learn about Cumberland/DentoClude™ F (the “Services”).  Please read the following terms and conditions (“Terms of Use”) carefully.  These Terms of Use govern your access to and use of the Site, Services and Cumberland/DentoClude™ F Content (defined below under the heading “Restrictions on Use”).  These Terms of Use constitute a binding legal agreement between you and Cumberland and apply to your relationship with Cumberland/DentoClude™ F.

YOU ACKNOWLEDGE AND AGREE THAT BY VISITING, ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING ANY CUMBERLAND/DentoClude™ F CONTENT FROM THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE.  If you agree to these Terms of Use on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms of Use and your agreement to these Terms of Use will be treated as the agreement of such entity.  In that event, “you” and “your” refer herein to that entity.   IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CUMBERLAND CONTENT.

By using this Site you acknowledge that Cumberland/DentoClude™ F is providing the material for informational purposes only and that neither Cumberland/DentoClude™ F, nor its agents, affiliates, partners, or licensors, are providing the materials to you for the purposes of giving you advice for medical or other purposes.  You should not rely on the materials in deciding on a treatment plan, drug usage, or any other medical advice regarding the materials, or any investment decisions, and Cumberland/DentoClude™ F, and its licensors strongly urge that you consult with a physician or financial advisor in connection with any and all options that may be available to you.

Eligibility
The Site and Services are intended solely for persons who are 18 or older.  Any access to or use of the Site or Services by anyone under 18 is expressly prohibited.  By accessing or using the Site or Services you represent and warrant that you are 18 or older.

Ownership
The Site, Services and Cumberland/DentoClude™ F Content are protected by copyright, trademark, and other laws of the United States and foreign countries.  Cumberland/DentoClude™ F and its licensors exclusively own all right, title and interest in and to the Site, Services and Cumberland/DentoClude™ F Content, including all associated intellectual property rights.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Cumberland/DentoClude™ F Content.  No licenses or rights are granted to you by implication or otherwise in or to any intellectual property rights owned or controlled by Cumberland or its licensors.

Restrictions on Use

“Cumberland/DentoClude™ F Content” means all text, images, graphics, photos, video or audiovisual files, white papers, datasheets, documents, informational materials or any other content, provided via the Site and Services by Cumberland.  Subject to your compliance with the terms and conditions of these Terms of Use, Cumberland/DentoClude™ F authorizes you to download, view and print any Cumberland/DentoClude™ F Content solely for your personal and non-commercial use, and subject to the terms and restrictions set forth in these Terms of Use.

General Prohibitions
You agree not to do any of the following while using the Site, Services or Cumberland/DentoClude™ F Content:

• Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, Cumberland’s name, any Cumberland/DentoClude™ F trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Cumberland’s/DentoClude™ F express written consent;
• Copy, modify, adapt, improve, enhance, or make any derivative work from the Site, Services or Cumberland/DentoClude™ F Content, in whole or in part; distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Cumberland/DentoClude™ F Content, in whole or in part;
• Access, tamper with, or use non-public areas of the Site, Cumberland’s/DentoClude™ F computer systems, or the technical delivery systems of Cumberland’s/DentoClude™ F providers;
• Attempt to probe, scan, or test the vulnerability of any Cumberland/DentoClude™ F system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Cumberland or any of Cumberland’s/DentoClude™ F providers to protect the Site, Services or Cumberland/DentoClude™ F Content;
• Attempt to access or search the Site, Services or Cumberland/DentoClude™ F Content or download Cumberland/DentoClude™ F Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Cumberland/DentoClude™ F or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
• Use any meta tags or other hidden text, code or metadata utilizing a Cumberland/DentoClude™ F trademark, logo URL or product name without Cumberland’s/DentoClude™ F express written consent;
• Use the Site, Services or Cumberland/DentoClude™ F Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
• Forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Site, Services or Cumberland/DentoClude™ F Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Cumberland/DentoClude™ F Content;
• Interfere with, or attempt to interfere with, the access of any user, host, hardware, system or network connected to the site, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

Cumberland/DentoClude™ F will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law.  Cumberland/DentoClude™ F may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use or applicable law.  You acknowledge that Cumberland/DentoClude™ F has no obligation to monitor your access to or use of the Site, Services or Cumberland/DentoClude™ F Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.  Cumberland/DentoClude™ F reserves the right, at any time and without prior notice, to remove or disable access to any Cumberland/DentoClude™ F Content.

Trademarks

Cumberland Biotherapeutics, LLC Has a registered trademark for DentoClude™ F .  Other trademarks, service marks, logos and trade names appearing on this Site are the property of Cumberland/DentoClude™ F or their respective owners.  Cumberland/DentoClude™ F and any party that provided trademarks, service marks, logos, and trade names to Cumberland/DentoClude™ F retain all rights with respect thereto.  Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, logo, or trade name displayed on the Site.  Unauthorized use of any trademarks, service marks or logos used on the Site may be a violation of state, national and international trademark laws.  Additionally, Cumberland’s/DentoClude™ F custom icons, graphics, logos, and scripting on the Site are covered by trademark, trade dress, copyright or other property right law, and may not be copied, modified, or used, in whole or in part.

Links
The Site may contain links to third-party websites or resources.  You acknowledge and agree that Cumberland / DentoClude™ F is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.  Links to such websites or resources do not imply any endorsement by Cumberland/DentoClude™ F of such websites or resources or the content, products, or services available from such websites or resources.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.  Cumberland/DentoClude™ F makes no representations or warranties about the content, completeness or accuracy of the links or the sites linked to this Site.

Disclaimers
THE SITE, SERVICES AND CUMBERLAND/DentoClude™ F CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE.  WITHOUT LIMITING THE FOREGOING, CUMBERLAND/DentoClude™ F EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

CUMBERLAND/DentoClude™ F MAKES NO WARRANTY THAT THE SITE, SERVICES OR CUMBERLAND/DentoClude™ F CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  CUMBERLAND/DentoClude™ F MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR CUMBERLAND/DentoClude™ F CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CUMBERLAND/DentoClude™ F CONTENT OR INFORMATION OBTAINED THROUGH THE SITE OR SERVICES.

CUMBERLAND/DentoClude™ F DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.  CUMBERLAND/DentoClude™ F DOES NOT ASSUME ANY RESPONSIBILITY OR RISK YOUR USE OF THIS SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CUMBERLAND/DENTOCLUDE™ F OR THROUGH THE SITE, SERVICES OR CUMBERLAND/DentoClude™ F CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Cautionary Note Regarding Forward-Looking Information

This website may contain “forward-looking information” within the meaning of applicable United Stated federal securities laws. Forward-looking information includes, but is not limited to, information with respect to Cumberland’s/DentoClude™ F  intent, belief or expectations, and can be identified by the use of terminology such as “may,” “will,” “expect,” “believe,” “intend,” “plan,” “estimate,” “should,” “seek,” “anticipate” and other comparable terms or the negative thereof.

Forward-looking information ,if any, is subject to known and unknown risks, uncertainties and other factors that may cause the actual results, level of activity, performance or achievements of Cumberland/DentoClude™ F to be materially different from those expressed or implied by such forward-looking information. The forward-looking statements made on this website relate only to events as of the date on which the statements are made. Cumberland/DentoClude™ F undertakes no obligation to update publicly any forward-looking statements, whether as a result of new information, future events or otherwise, except as required by law.

Cumberland DentoClude™ F through its senior management, from time to time make forward-looking statements on this website concerning its expected future operations and other developments. While forward-looking statements reflect Cumberland’s/DentoClude™ F good-faith beliefs and best judgment based upon current information, they are not guarantees of future performance and are subject to known and unknown risks and uncertainties. Actual results may differ materially from the expectations contained in the forward-looking statements as a result of various factors. Such factors include, without limitation: (i) legislative, regulatory or other changes in the healthcare industry at the local, state or federal level which increase the costs of, or otherwise affect our operations; (ii) changes in reimbursement (if any)available to Cumberland/DentoClude™ F by government or private payers, including changes in Medicare and Medicaid payment levels and availability of third-party insurance coverage; (iii) competition; and (iv) changes in national or regional economic conditions, including changes in interest rates and availability and cost of capital to Cumberland/DentoClude™ F.

You are cautioned that the foregoing list is not exhaustive of all factors and assumptions which may have been used.

Accordingly, you should not place undue reliance on forward-looking information.

Indemnity

You agree to defend, indemnify, and hold Cumberland/DentoClude™ F its subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Cumberland/DentoClude™ F Content, or your violation of these Terms of Use.

Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CUMBERLAND/DentoClude™ F CONTENT REMAINS WITH YOU.  Neither Cumberland/DentoClude™ F nor any other party involved in creating, producing, or delivering the Site, Services or Cumberland/DentoClude™ F Content will be liable for any direct, indirect, incidental, special, exemplary, consequential or other damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, arising out of or in connection with these Terms of Use or from the use of or inability to use the Site, Services or Cumberland/DentoClude™ F Content, whether based on warranty, contract, tort (including negligence), negligence, product liability or any other legal theory, and whether or not Cumberland/DentoClude™ F has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.  In no event will Cumberland’s/DentoClude™ F aggregate liability arising out of or in connection with these Terms of Use or from the use of or inability to use the Site, Services or Cumberland/DentoClude™ F Content exceed twenty-five U.S. dollars ($25).

Some jurisdictions do not allow exclusions of liability for certain types of damages.  Accordingly, some of the above limitations may not apply to you to the extent prohibited by law.  In such cases, Cumberland’s/DentoClude™ F liability will be limited to the fullest extent permitted by applicable law.

If you are dissatisfied with any portion of the Site, or with these Terms of Use or any other policy applicable to the Site, your sole and exclusive remedy is to discontinue using the Site.  This sole and exclusive remedy is separate and independent of any other provision that limits Cumberland’s/DentoClude™ F liability or your remedies.

Controlling Law and Jurisdiction
This Site is operated by Cumberland/DentoClude™ F from its offices within the United States of America.  Cumberland/DentoClude™ F makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the contents of the Site may be illegal is prohibited.  Those who choose to access this Site from other locations do so, on their own initiative and are responsible for compliance with applicable local laws.  By using the Site, regardless of where you live or are located in the world, you agree that these Terms of Use and any action related thereto will be governed by the laws of the State of Tennessee without regard to its conflict of laws provisions.  The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Nashville, Tennessee, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement
These Terms of Use constitute the entire and exclusive understanding and agreement between Cumberland/DentoClude™ F and you regarding the Site, Services and Cumberland/DentoClude™ F Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Cumberland/DentoClude™ F and you regarding the Site, Services and Cumberland/DentoClude™ F Content.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Cumberland’s/DentoClude™ F prior written consent.  Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect.  Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Modification and Notices

Cumberland/DentoClude™ F reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Use, at any time and without prior notice.  If we modify these Terms of Use, we will post the modification on the Site.  By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use.  If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site and Services.

You consent to the use of: (i) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notices or other communications to be given hereunder, including those regarding modifications to these Terms of Use, will be in writing and given by posting to the Site.

General
The failure of Cumberland/DentoClude™ F to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cumberland/DentoClude™ F.  Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.  If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms of Use will remain in full force and effect.

Feedback and Contacting Cumberland/DentoClude™ F

If you have any questions about these Terms of Use, please contact Cumberland at http://cumberlandtx.com  .

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”).  You may submit Feedback through the “Contact Us” section of the Site.  You acknowledge and agree that all Feedback will be the sole and exclusive property of Cumberland/DentoClude™ F and may be used by Cumberland/DentoClude™ F for any purpose without payment or other obligation to you.  You hereby irrevocably assign to Cumberland/DentoClude™ F and agree to irrevocably assign to Cumberland/DentoClude™ F all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.  At Cumberland’s/DentoClude™ F request and expense, you will execute documents and take such further acts as Cumberland/DentoClude™ F may reasonably request to assist Cumberland/DentoClude™ F to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.