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OraMetrix, Inc. authorizes you to view and download the materials at this web site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials or any copies of the materials. You may not modify the materials at this website in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms and Conditions, any use of these materials on any other web site or networked computer environment for any purpose is prohibited. The materials at this website are copyrighted and any unauthorized use of any materials at this website may violate copyright, trademark, and other laws. If you breach any of these Terms and Conditions, your authorization to use this website automatically terminates and you must immediately destroy any downloaded or printed materials. OraMetrix also reserves the right to terminate your authorization to use any services at this website and, where applicable, to delete any one or more of your related access accounts, with or without cause, immediately and at any time.
Links to third party web sites on this website are provided solely as a convenience to our users. If you use these links, you may leave this web site. OraMetrix has not reviewed all of these third party web sites and does not control and is not responsible for any of these web sites or their contents. OraMetrix does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party web sites linked to this web site, you do so entirely at your own risk.
OraMetrix, SureSmile, OraScanner, OraScan, The Shortest Distance to a Straight Smile and all related products and service names, design marks, and slogans are the trademarks, service marks or registered trademarks of OraMetrix or its affiliates. All other product and service marks contained herein are the trademarks of their respective owners.
THE MATERIALS AND SERVICES PROVIDED AT THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. OraMetrix further does not warrant the accuracy and completeness of the materials or services at this web site. OraMetrix may make changes to the materials and services at this web site, or to the products described in them, at any time without notice. The materials and services at this web site may be out of date, and OraMetrix makes no commitment to update the materials and services at this web site. Photographs contained on the site may not be of actual patients. Information published at this web site may refer to products, programs or services that are not available in your country.
IN NO EVENT WILL ORAMETRIX, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
OraMetrix reserves all rights to change the Terms and Conditions at any time solely at its own discretion without advance notice. If we decide to revise these Terms and Conditions at any time, we will do so by updating this posting. You should visit this page from time to time to review the then-current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this web site.
Released April 2003
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This Marketing Code of Conduct is designed to comply with applicable federal and state laws, as well as industry standards relating to the marketing and promotion of products to healthcare professionals.
To the best of our knowledge, as of the date of this declaration, OraMetrix, Inc. (“OraMetrix”) is in material compliance with this Marketing Code of Conduct, as described herein, and, as applicable, the California Health & Safety Code, Sections 119400-119402, and the Commonwealth of Massachusetts Regulations, 105 C.M.R. 970.00, et seq. To the extent that state or local regulations are more restrictive than is explicitly specified in this code, OraMetrix will comply with those state or local regulations.
This Marketing Code of Conduct is intended to ensure that OraMetrix employees interact in an ethical manner with health care professionals and comply with applicable federal and state laws and industry standards. Specifically, this Marketing Code of Conduct is intended to ensure that the activities of OraMetrix benefit patients, enhance the practice of medicine, and do not interfere with the independent judgment of health care professionals.
OraMetrix may conduct training on the safe and effective use of its products and services and may provide education on the benefits of its technologies. These training and educational programs should be conducted in clinical or educational settings conducive to the exchange of information, including its internal training facility, a health care professional’s premises, or conference or educational centers. No promotion of off label uses of its products may occur.
OraMetrix may provide modest meals and refreshments to attendees of training or educational meetings, which will be reported quarterly in accordance with 105 C.M.R. 970.006(4). An OraMetrix employee shall be present for the duration of these meetings. OraMetrix will not pay for or reimburse expenses for entertainment or recreational events in conjunction with training or educational meetings.
OraMetrix may reimburse attendees for necessary and reasonable travel and modest lodging expenses incurred by health care professionals to attend training or educational meetings. OraMetrix will not reimburse expenses for guests or spouses of attendees.
OraMetrix may provide grants directly to conference sponsors to defray conference costs or directly to training institutions in support of training of health care professionals that meet the Standards for Commercial Support established by the Accreditation Council for Continuing Medical Education or the equivalent commercial support standards of the relevant continuing education accrediting body. OraMetrix will not reimburse attendees of third party educational conferences for travel and lodging expenses; except under limited situations, OraMetrix may provide grants to conference sponsors to cover the expenses of faculty for modest travel, lodging and meals. OraMetrix will not provide guidance regarding the selection of program content, faculty, educational methods, or materials for a conference or training institution that receives funding from OraMetrix.
OraMetrix may purchase advertisements or lease booth space for company displays at conferences.
OraMetrix sales representatives and their direct managers may pay for modest meals in conjunction with informational, educational or product training meetings at a health care professional’s premise, OraMetrix’s facilities or other educational or conference settings conducive to the exchange of information. An OraMetrix employee shall be present for the duration of these meetings.
OraMetrix may pay for reasonable travel and lodging expenses and modest meals for health care professionals to visit OraMetrix facilities or to visit the premises of OraMetrix’s customers.
OraMetrix will not reimburse expenses for guests or spouses of attendees.
OraMetrix may reimburse health care professionals providing bona-fide services to OraMetrix or on behalf of OraMetrix for reasonable and actual expenses, including travel, lodging and modest meals, incurred to attend meetings of the Clinical Advisory Board, the Speakers Board, the SureSmile Faculty Board, and for speaking at educational conferences or peer-to-peer training events. OraMetrix may provide health care professionals modest meals in conjunction with and subordinate to such meetings. Meetings will be held at venues conducive to the exchange of information. OraMetrix will not pay for recreational or entertainment activities for health care professionals.
Health care professionals providing consulting services are selected based on their qualifications relative to defined needs of the company. Any compensation paid will be at fair market rates and pursuant to a written agreement.
OraMetrix does not pay for any entertainment or recreational items or events for health care professionals.
OraMetrix prohibits gifts of non-educational promotional materials, such as pens, pads, coffee mugs, or gift cards, to health care professionals. OraMetrix may occasionally provide sample patient educational materials with fair market value less than $100. Included in the price of the SureSmile system are sample educational and non-educational promotional materials for patients.
OraMetrix does not provide or offer grants, scholarships, subsidies, support, consulting contracts, or educational or practice related items in exchange for prescribing or using its products or for a commitment to continue prescribing or using its products. Nothing should be offered or provided in a manner or on conditions that would interfere with the independence of a health care professional’s prescribing or utilization practices. Any payment or remuneration, in cash or in kind, directly or indirectly, including any rebate or “kickback” that is prohibited under applicable federal or state fraud and abuse laws or regulations (including the Federal Anti-Kickback Statute) is prohibited by this Marketing Code of Conduct.
OraMetrix may consider monetary or medical technology donations to charitable organizations for charitable purposes, such as supporting indigent care, patient education, public education, or the sponsorship of events where the proceeds are intended for charitable purposes and are not be meant to influence prescribing patterns or other medical decisions, consistent with its corporate policies.
OraMetrix has established an annual aggregate limit of $[_______] for gifts, promotional materials, and other items or activities that may be provided to an individual health care professional in California pursuant to the requirements of California Health & Safety Code, Section 119402. The annual limit does not apply to certain items or activities, such as (1) samples given to health care professionals intended for free distribution to patients; (2) financial support for continuing medical education forums; (3) financial support for health education scholarships; or (4) payments for legitimate professional services, such as consulting, that are based on fair market value. This annual limit will be reviewed on a regular basis and may be adjusted in the future accordingly.
All employees in contact with customers from the Marketing, Sales, Practice Development, Service and Customer Training department shall be trained on the general rules of OraMetrix, as well as industry standards and the specific rules according to federal and state regulations, including the Code of Conduct (105 C.M.R. 970.000) in MA. Electronic copies of those regulations are available. These employees will also undergo regular assessments to ensure they comply with the requirements of this Marketing Code of Conduct, applicable laws and regulations, and other applicable policies of OraMetrix.
The training is included in the employee orientation phase and documented in the introduction record (T2001). Additional training follows the instruction I-2021 Employee Training.
OraMetrix has appointed a Marketing Code of Conduct Compliance Officer.
Breaches to our procedures can be reported by email to the compliance officer. In general, compliance with the code of conduct will be audited as part of the company’s annual internal audit. If breaches are identified, corrective action will be taken based on the company’s CAPA process (P2030).
A copy or copies of the Marketing Code of Conduct and written declaration of compliance may be obtained by calling 972-728-5500, in accordance with California Health & Safety Code, Section 119402(e).
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