THESE PATIENT TERMS OF SERVICE (“TERMS OF SERVICE”) ARE A LEGAL AGREEMENT BETWEEN YOU (“SUBSCRIBER” OR “YOU”) AND DENTAL INTELLIGENCE, INC. (“DENTAL INTEL” OR “WE”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCEPTING THEM AND SUBSCRIBING TO USE DENTAL INTEL’S ONLINE PATIENT SCHEDULING SUBSCRIPTION SERVICE (THE “SUBSCRIPTION SERVICE”) AND ITS ASSOCIATED SOFTWARE (THE “SOFTWARE”). BY CHECKING THE “I AGREE” STATEMENT ON THE ACCOUNT SIGNUP PAGE OR BY USING THIS ONLINE SUBSCRIPTION SERVICE AND ITS SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. THESE TERMS SET FORTH YOUR LEGAL RIGHTS AND OBLIGATIONS RELATED TO DENTAL INTEL’S SUBSCRIPTION SERVICE. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CLICK ON THE “I ACCEPT” BUTTON AND DO NOT USE THIS SUBSCRIPTION SERVICE.
In consideration of Dental Intel’s provision of the Subscription Service and related services to you, you agree with Dental Intel as follows:
1. Access and Use of the Subscription Service
This Subscription Service is offered and available only to users who are over 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Subscription Service, you represent and warrant that you are of legal age to form a binding contract with Dental Intel and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Subscription Service.
If you use the Subscription Service on behalf of any person under the age of 13 and provide such child’s personal data to Dental Intel, you must be the parent or guardian of such minor child, or have the required consent from the child’s parent or guardian to provide the child’s personal data to Dental Intel and authorize Dental Intel to process the personal data of such minor. we require the Customer to obtain the requisite consent from the parent or guardian of the minor. You hereby represent to Dental Intel that you are the parent or guardian of any child whose personal data will be input into the Subscription Service, or that you have their consent to do so. Children under age 13 may not use the Subscription Service without their parent’s or guardian’s authorization.
In all other cases, if you are registering an account or using the Subscription Service on behalf of an individual or entity other than yourself, such as a spouse or a child over age 13, you represent that (i) you are authorized by such individual or entity to accept these Terms of Service on such individual or entity's behalf; or (ii) in the case of a child over age 13, that you are the child’s parent or guardian or have the child’s, parent’s or guardian’s consent to accept the Terms of Service on their behalf and provide the child’s personal information to the service. Registration for Services or use of the Subscription Service is void where prohibited by applicable law, and your right to access the Subscription Service is revoked in those jurisdictions.
2. About the Website
Everything offered on the Website is referred to in these Terms of Service collectively as the “Services.” Some of what is on the Website is viewable without registering, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your personal and health information for purposes of allowing us to provide the Services.
You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, and other materials (collectively, “Information”) that is provided to you on the Subscription Service or Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition.
3. No Medical Advice Is Provided
The Information that you obtain or receive from the Subscription Service or Website, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise is for informational and scheduling purposes only. All medically related information comes from independent health care professionals or organizations. If you access any Information on the Subscription Service or Website, that Information is (i) provided by independent health care professionals and organizations, (ii) for informational purposes only, and (iii) does not establish any patient/doctor relationship.
THE INFORMATION PROVIDED THROUGH THE SUBSCRIPTION SERVICE AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH THE WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF INFORMATION YOU MAY HAVE READ OR SEEN ON THE SUBSCRIPTION SERVICE OR WEBSITE. DO NOT USE THE SUBSCRIPTION SERVICE OR WEBSITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. YOUR USE OF INFORMATION PROVIDED ON THE SUBSCRIPTION SERVICE OR WEBSITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SUBSCRIPTION SERVICE OR WEBSITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
We do not recommend or endorse any specific tests, doctors, dentists, health care providers, procedures, opinions, or other information that may appear on the Subscription Service or Website. If you rely on any of the Information provided by or on the Subscription Service or Website, you do so at your own risk.
4. No Doctor-Patient Relationship
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SUBSCRIPTION SERVICE OR WEBSITE OR THROUGH ANY OTHER COMMUNICATIONS FROM DENTAL INTEL, INCLUDING, BUT NOT LIMITED TO, THE SCHEDULING OF AN APPOINTMENT WITH A PROVIDER AND/OR MEDICAL/HEALTHCARE RELATED MATERIALS ON THE SUBSCRIPTION SERVICE OR WEBSITE, LINKS TO OTHER SITES OR ANY INFORMATION OR ASSISTANCE PROVIDED ON OR THROUGH THE SUBSCRIPTION SERVICE OR WEBSITE TO HELP YOU SCHEDULE AN APPOINTMENT WITH A MEDICAL PROFESSIONAL OR SPECIALIST IN ANY FIELD.
DENTAL INTEL MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OF ANY MEDICAL PROFESSIONAL OR SPECIALIST OR OTHER INFORMATION HEREIN. FURTHERMORE, DENTAL INTEL DOES NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT WILL DENTAL INTEL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. DENTAL INTEL WILL NOT BE LIABLE FOR THE ACTIONS OR INACTIONS OF ANY MEDICAL PROFESSIONAL OR SPECIALIST, WHETHER LISTED ON THIS SITE OR NOT.
Dental Intel has no control over, and cannot guarantee the availability of, any Provider at any time. Dental Intel will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Subscription Service, Website or Services whatsoever.
Dental Intel strongly advises, and you agree that you will perform your own investigation prior to selecting a health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular health care professional, doctor, dentist or other health care provider (collectively, “Provider”) by confirming with the Provider's office, your current Provider, the medical association relative to the Provider's specialty and your state medical board.
5. Important Information About Provider Relationships and Lists
In connection with using the Subscription Service, Website and the Services to locate and schedule appointments with medical or health care professionals, you understand that:
• YOU ARE SOLELY RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER.
• Dental Intel only lists Providers who have paid a fee and signed a contractual agreement with Dental Intel.
• Dental Intel will provide you with lists of Providers who have stated that they are suitable to deliver the health care service that you are seeking based solely on information that you provide to Dental Intel and based on your user settings (such as insurance information, proximity to your geographical location, and specialty of the Provider). The lists may be based on other criteria (including, for example, Provider availability, past selections by and/or ratings of Providers by you or by other Subscription Service users, and past experience of Subscription Service users with Providers). However, Dental Intel does not recommend or endorse any Provider, does not make any representations or warranties with respect to these Providers or the quality of the healthcare services they may provide, and does not receive any additional fees from Provider for featuring them through the Services.
• The Subscription Service and/or Dental Intel’s other subscription services for Providers includes a feature for patients (or their parents or guardians) to make payments to Providers. If you use this Provider payment function, the following terms apply: Such payments will be made through Dental Pay Services, LLC (“Dental Pay Services”), a single member LLC and affiliate of Dental Intel. You will present your method of payment to Dental Pay Services through a portal in the subscription service. Dental Pay Services will transmit your credit card payment information to its payment processor (currently CMS), which will seek approval of the payment transaction from the bank issuing your card. Upon the issuing bank’s approval, Dental Pay Services will settle the transaction in order for the payment processor to receive the funds from the issuing bank. Once the payment processor receives confirmation that funds are being transferred from the issuing bank, it will deposit those funds with Dental Pay Services. Dental Pay Services will promptly (typically within 48 hours) transfer such funds to the applicable Provider. You understand and accept these payment processing terms; or, if you disagree with them, do not use Dental Intel’s subscription service and Dental Pay Services to pay your Provider.
• Dental Intel DOES NOT investigate any Provider to determine whether they hold active medical licenses or certifications necessary to practice any specialty or services. Additionally, while Dental Intel may receive information regarding any Provider's medical license or certification status or information regarding inappropriate or unprofessional conduct, Dental Intel does not have any obligation to investigate any such information received and does not have any obligation to update any listings based on any such information.
• If you elect to enter information into a medical history form (“Medical History Form”) on behalf of yourself or a third party from whom you have received authorization to provide such information, on your request you authorize Dental Intel to provide such information to the Provider you specify. You also acknowledge and agree that such information will be reviewed and approved by you or someone authorized on your behalf at the time of your appointment to ensure its accuracy. Further, you acknowledge that Dental Intel may use the data or information you provide on a Medical History Form in accordance with these Terms of Service.
6. Editorial Control
Dental Intel may, but has no obligation to, have Information posted on the Subscription Service or Website reviewed by Dental Intel personnel. The timeliness and accuracy of any or all of the Information is not guaranteed. Neither Dental Intel, the authors, Dental Intel personnel, nor any other party who may have been involved in the preparation or publication of any Information assures you that the Information contained on or through the Subscription Service or Website is accurate or complete. Furthermore, Dental Intel, the authors, Dental Intel personnel or any other party who may have been involved in the preparation or publication of any Information is/are not responsible for any errors or omissions or for the results obtained from the use of any Information.
Dental Intel strongly encourages you to and you agree to independently confirm the Information contained on or through the Subscription Service and Website with other sources and to seek the advice of a qualified physician or other health care provider.
INFORMATION ON PROVIDERS: Provider and practice information found on or through the Subscription Service and Website is intended for general reference purposes only. Provider information found on or through the Subscription Service and Website is self-reported by the Provider and/or the Provider's staff and is not confirmed by Dental Intel. This information often changes frequently and may become out of date or inaccurate. Neither the Subscription Service, Website nor Dental Intel provides any advice or qualification certification for or about any Provider. You must independently verify any information to ensure it is accurate and up to date.
PROCEDURE/PRODUCT INFORMATION AND SERVICES: The procedures, products, services and devices discussed and/or advertised on the Subscription Service and Website are not applicable to all individuals, patients, or all clinical situations. Dental Intel makes no claims as to the effectiveness of any such procedures, products, services or devices. Any products and/or services represented on or through the Subscription Service or Website by advertisers, sponsors, other Subscription Service users, either paid or unpaid, or by Providers or other sources are included for your awareness and do not imply that they are appropriate for any particular individual or prediction of effectiveness, outcome or success.
7. Personal Information and Privacy
If you choose, or you are provided with, a username, password or any other piece of information as part of Dental Intel's security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree to immediately notify Dental Intel of any unauthorized use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Dental Intel has the right to disable any user identification code or password, whether chosen by you or provided by Dental Intel, at any time, in Dental Intel's sole discretion for any or no reason, including, if in Dental Intel's opinion, you have failed to comply with any provision of these Terms of Service.
The Subscription Service tracks metadata and other usage data related to your and other users’ use of the Subscription Service (“Usage Data”) and shares such data with Dental Intel. Dental Intel shall own such Usage Data, other than the personal data incorporated therein. You agree that Dental Intel has the perpetual right to collect, aggregate, use, distribute and sell such Usage Data for any legal purpose, including without limitation for the purposes of providing services and improving the Subscription Service and Dental Intel’s products and services generally. Dental Intel may retain and use Usage Data permanently. To the extent such Usage Data contains any individually identifiable data or personal data, Dental Intel shall not sell or otherwise provide such Usage Data to any third party unless the data been anonymized (e.g., no name or address attached to the particular data) and/or aggregated with other users’ data, so that it is not identifiable as to any particular person. Notwithstanding the foregoing, Dental Intel may share Usage Data in its original form as necessary or appropriate to provide Services to you or to comply with its legal obligations.
8. Your Responsibilities:
You will be solely responsible for the payment of any fees required by any Provider with which you schedule an appointment, including, but not limited to, fees for a missed appointment.
You are solely responsible for all use of the Subscription Service, including any use of the Subscription Service with your username and password by others.
9. Modifying or Terminating Subscription Service and Account Security
We reserve the right to withdraw or modify the Subscription Service, and any service or material we provide on the Subscription Service, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Subscription Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Subscription Service, or the entire Subscription Service, to users, including registered users.
You are responsible for:
• Making all arrangements necessary for you to have access to the Subscription Service.
• Ensuring that all persons who access the Subscription Service through your internet connection are aware of these Terms of Service and comply with them.
• To access the Subscription Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Subscription Service that all the information you provide on the Subscription Service is correct, current and complete.
10. Intellectual Property Rights
The Subscription Service, Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Dental Intel, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Subscription Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Subscription Service or Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Subscription Service or Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If Dental Intel provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Subscription Service or Website.
• Access or use for any commercial purposes any part of the Subscription Service or Website or any services or materials available through them.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Subscription Service or Website in breach of the Terms of Service, your right to use the Subscription Service and Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Subscription Service or Website or any of their content is transferred to you. All rights not expressly granted are reserved by Dental Intel. Any use of the Subscription Service or Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
11. Prohibited Uses
You may use the Subscription Service and Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Subscription Service or Website:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in Section 16 of these Terms of Service.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate Dental Intel, a Dental Intel employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Subscription Service, or which, as determined by us, may harm Dental Intel or users of the Subscription Service or expose them to liability.
Additionally, you agree not to:
• Copy (except as otherwise expressly permitted herein), modify, adapt, translate, or reverse engineer the Subscription Service or any portion of the Website, its content, Information, or materials and/or the Services;
• Use the Subscription Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Subscription Service, including their ability to engage in real time activities through the Subscription Service;
• Use any robot, spider or other automatic device, process or means to access the Subscription Service or Website for any purpose, including monitoring or copying any of the material on the Subscription Service or Website;
• Use any device, software or routine that interferes with the proper working of the Subscription Service or Website; • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Subscription Service or Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
• Misuse the Services by scheduling an appointment with a Provider which you have no intention of keeping;
• Create user accounts by automated means or under false or fraudulent pretenses;
• Collect or store personal data about other users; or
• Otherwise attempt to interfere with the proper working of the Subscription Service or Website.
Dental Intel will determine, in its sole discretion, whether you have engaged in prohibited conduct or have violated these Terms of Service. Dental Intel's determination will be final and unreviewable, and you waive any and all rights you may have to challenge that decision.
In addition to Dental Intel's rights in these Terms of Service or under applicable law, Dental Intel may, but is not obligated to, take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
12. User Feedback, Comments, and/or Contributions
The Subscription Service and/or Website may contain user review and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”). “User Contributions” does not include any individual’s personal data, personal health information or financial information.
All User Contributions must comply with the Content Standards set out in Section 16 of these Terms of Service. Further, you must act responsibly when providing User Contributions. Do not post any information that another user, Provider, or any other individual or entity may use to identify you.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or Subscription Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, reproduce, modify, publicly perform, publicly display, distribute and otherwise disclose to third parties any such material for any purpose and to make adapt, edit, translate, prepare derivative works of, or incorporate into other works, your User Contribution. This license is non-exclusive, except you agree that Dental Intel will have the exclusive right to practice this license to the extent of combining your User Contribution with the User Contributions of other Website users for any reason.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Dental Intel and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms of Service.
• You understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute or User Contributions submitted using your account, and you, not Dental Intel, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Subscription Service or Website.
13. Monitoring and Enforcement; Termination
We have the right, but not the obligation, to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of other users or the public, or could create liability for Dental Intel.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Subscription Service or Website.
• Terminate or suspend your access to all or part of the Subscription Service, without notice, for any or no reason, including without limitation, any violation of these Terms of Service.
• Terminate and/or suspend your registration, without notice, for any or no reason, including without limitation, any violation of these Terms of Service.
Dental Intel will not be liable to you or any third party for any termination of your access to the Subscription Service and/or the Services. Further, you agree not to attempt to use the Subscription Service and/or the Services after any such termination. The following will survive any termination of these Terms of Service: Sections 3, 4, 5, 7, 10, 11, 12, 13, 16, 19 through 28, and any other provisions which by their sense and context are intended to survive such termination.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Subscription Service or Website.
We cannot and do not undertake to review any or all material before it is posted on the Subscription Service or Website. While we will use reasonable efforts to respond in a timely manner regarding complaints about objectionable matter posted on the Subscription Service or Website, we cannot guarantee the timing of the removal of such material. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section, except for our gross negligence or willful misconduct.
14. Content Standards
These content standards apply to any and all User Contributions and use of our Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material which is false, misleading, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
15. Copyright Infringement
If you believe that any User Contributions violate your copyright, please see Section 32 regarding Copyright Disputes for instructions on sending us a notice of copyright infringement. It is the policy of Dental Intel to terminate the user accounts of repeat infringers.
16. Reliance on Information Posted
The Information and Services presented/provided on or through the Subscription Service and Website are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of the Information or Services. Any reliance you place on such Information or Services is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Subscription Service or visitor to the Website, or by anyone who may be informed of any of their contents.
The Subscription Service and Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Dental Intel, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Dental Intel. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
17. Changes to the Subscription Service, Website and Services
You acknowledge and agree that the Subscription Service, Website, Software and other materials that may be made available as part of the Subscription Service may be modified and updated from time to time, in Dental Intel’s sole discretion. Dental Intel does not make any commitment to you that it will maintain any particular Software, features or materials on the Subscription Service. We do not warrant or guarantee the content of the Subscription Service or Website is complete or up-to-date. Any of the material on the Subscription Service or Website may be out of date at any given time, and we are under no obligation to update such material.
We may also change the Services provided on the Website from time to time, including, but not limited to, adding new services, substituting a new service for one of the existing Services, or discontinuing or suspending one of the existing services. Use of any new or modified Services will be governed by these Terms of Service. Dental Intel will not be liable to you or to any third party for any modification, suspension, or termination of any of the Services.
18. Additional Terms and Conditions
Additional terms and conditions may also apply to specific portions, services or features of the Subscription Service or Website. Those additional terms will govern your use of the particular Service to which the additional terms apply. By using the particular Service to which the additional terms apply, you agree to the additional terms. If you do not agree to the additional terms, then you must not use the Services to which the additional terms apply. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service. In the event of an irreconcilable difference between the additional terms and these Terms of Service, the additional terms will apply.
19. Geographic Restrictions; Legal Compliance with Export Laws
The owner of the Subscription Service and Website is based in the state of Utah in the United States. Dental Intel provides the Subscription Service and Website for use only by persons located in the United States. Dental Intel makes no claims that the Subscription Service, Website or any of their content is accessible or appropriate outside of the United States. Access to the Subscription Service or Website may not be legal by certain persons or in certain countries. If you access the Subscription Service or Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
20. Disclaimer of Warranties
THE SUBSCRIPTION SERVICE, SOFTWARE AND WEBSITE ARE PROVIDED “AS IS.” DENTAL INTEL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THIS DISCLAIMER SHALL NOT BE MODIFIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. DENTAL INTEL DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICE OR SOFTWARE IS ENTIRELY ERROR-FREE.
Dental Intel makes no representations concerning any Information, User Contributions or other content on or accessed through the Subscription Service, Website and/or the Services, and Dental Intel will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained on or accessed through the Subscription Service, Website and/or the Services. Dental Intel makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Subscription Service, Website and/or the Services.
Further, you understand that Dental Intel cannot and does not guarantee or warrant that files available for downloading from the internet, the Subscription Service or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SUBSCRIPTION SERVICE, WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SUBSCRIPTION SERVICE OR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
21. Limitation on Liability
DENTAL INTEL’S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF THIS AGREEMENT, INCLUDING ANY USE OF OR INABILITY TO USE THE SUBSCRIPTION SERVICE, SOFTWARE OR WEBSITE, SHALL BE LIMITED TO DIRECT DAMAGES, WHICH SHALL NOT EXCEED THE TOTAL AGGREGATE AMOUNT OF $100.00. IN NO EVENT SHALL DENTAL INTEL BE LIABLE FOR ANY LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SUBSCRIPTION SERVICE, SOFTWARE OR WEBSITE, REGARDLESS OF WHETHER DENTAL INTEL HAS NOTICE OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions prohibit certain limitations of damages in consumer contracts, so the above limitations may be superseded by law in some jurisdictions.
You agree to defend, indemnify and hold harmless Dental Intel, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Subscription Service or Website, including, but not limited to, your User Contributions, any use of the Subscription Service’s or Website's content, the Services and products offered on or through the Website, or your use of any information obtained from the Subscription Service or Website, or the violation of any intellectual property or other right of any person or entity, by your or any third party using your registration information. The foregoing indemnification obligation does not apply to liabilities, claims, and expenses arising as a result of our own gross negligence or intentional misconduct.
23. Governing Law and Jurisdiction
All matters relating to the Subscription Service, the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website will be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in Salt Lake City, Utah, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your state of residence or any other relevant state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
24. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE SUBSCRIPTION SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
25. Waiver and Severability
No waiver of by Dental Intel of any term or condition set forth in these Terms of Service will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dental Intel to assert a right or provision under these Terms of Service will not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court, or other tribunal of competent jurisdiction, to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
26. Entire Agreement
These Terms of Service and any additional terms under Section 20 constitute the sole and entire agreement between you and Dental Intel with respect to the Subscription Service and Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Subscription Service and Website.
27. Electronic Contracting and Notices
If you draw, type or attach your signature or any other text, symbol or image in a box or space associated with any contract or form provided by Dental Intel, you are agreeing to be legally bound by the terms and conditions of that contract or form. Such action by you constitutes an “Electronic Signature,” which shall have the same force and effect as an original signature. No third party certification or verification is necessary to validate an Electronic Signature.
28. Copyright Disputes
We respect the intellectual property rights of others and we expect our users to do the same. If you believe any materials or content on the Subscription Service or Website are infringing, please notify us. We will respond to such notices, consistent with the Digital Millennium Copyright Act and other applicable laws. It is Dental Intel's policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue Service to repeat offenders.
Dental Intel's designated agent to receive any notification under this section is:
Attn: Legal Operations Dental Intelligence, Inc. 2100 W Pleasant Grove Blvd., Suite 400 Pleasant Grove, UT 84062 USA
Or email to legal@DentalIntel.com
Dental Intel may assign the Terms of Service or any or all of its obligations under these Terms of Service at any time with no notice to you. You may not assign, transfer, or sublicense these Terms of Service or any of your obligations under these Terms of Service and any attempt to do so in violation of this section will be null and void.
30. Your Comments and Concerns
The Subscription Service and Website are operated by Dental Intelligence, Inc., 2100 W Pleasant Grove Blvd., Suite 400, Pleasant Grove, UT 84062 USA.
All other feedback, comments, requests for technical support and other communications relating to the Subscription Service or Website should be directed to: