Dental Intel - Products

Dental Intelligence
Terms of Use

LAST UPDATED: MAY 9 2020

Dental Intelligence, Inc.

Website Terms of Use



Agreement to Terms of Use:

These Terms of Use (“Terms of Use”) apply to the Dental Intelligence, Inc. (“Dental Intel”) websites located at www.dentalintel.com and www.localmed.com, as well as any other related websites of Dental Intel (collectively, the “Website”). These Terms of Use apply to all Website visitors. In addition to these Terms of Use, if you are using an online subscription service or software app provided by Dental Intel (“Subscription Service”), such as the online patient scheduling service or practice management software, you must also agree to Dental Intel’s Terms of Service for that Subscription Service.


BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE OR THE SUBSCRIPTION SERVICE. Please read these Terms of Use carefully. Dental Intel reserves the right to update and make changes to these Terms of Use at any time, in its sole discretion. Such changes are effective immediately upon being posted to the Website, unless otherwise specified by Dental Intel. It is your responsibility to refer back to this page from time to time for any such updates or changes.


Subject to your compliance with these Terms of Use, Dental Intel grants you a limited, personal, non-exclusive, non-transferable and revocable right and license to access and use the Website and its contents. The Website provides information and certain services related to Dental Intel’s software and its services.


Privacy:

The Website supports Dental Intel’s Subscription Service and provides information to patients and businesses. To operate the Website and Subscription Service as intended, Dental Intel collects and processes personal information and data. Please refer to Dental Intel's Privacy Policy, which is incorporated into these Terms of Use, and informs users of our policies and practices related to collection, storage, processing, destruction, and other use of your personal data. However, you understand and agree that no data transmissions over the internet can be guaranteed to be 100% secure and that Dental Intel cannot ensure or warrant the security of any information transmitted to us.


No Medical Advice Provided:

You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, and other materials that is provided to you on this 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. All information on this Website is for informational and scheduling purposes only. Dental Intel is not responsible or liable for information on this Website or in the Subscription Service provided by independent medical professionals or other third parties. If you rely on any such information, you do so solely at your own risk. Dental Intel does 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.


Your Dental Intel Account:

Some features of the Website will require you to set up an account with Dental Intel, such as using the Subscription Service or providing reviews of service providers. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computers or devices, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify Dental Intel of any unauthorized use of your account of which you become aware. You agree that Dental Intel is not responsible for third party access to your account that results from theft or misappropriation of your account. You may not allow another person to use your account, or assign or transfer your account to any other person or entity, without Dental Intel’s prior written consent.


Your Warranties and Restrictions on Use of Website and Dental Intel Materials:

As a condition of your use of the Website, you warrant to Dental Intel that you will not use the Website or Dental Intel Materials (as defined in the “Ownership” section below) for any purpose that is unlawful or that is prohibited by these Terms of Use. Without limiting this warranty, you specifically agree:


Indemnification:

You will indemnify and hold harmless Dental Intel and our affiliates, officers, agents, employees, customers, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your User Content, your use of the Website or Dental Intel Materials, or your violation of these Terms of Use, unless such claim, loss or damage arises solely out of Dental Intel’s or its employees’ or agents’ negligence or wrongdoing.


Suspension or Termination of Account or Website Access:

Dental Intel reserves the right, in its sole discretion, to suspend or terminate your account or your access to the Website, to terminate or delete any content (including your User Content) or Dental Intel Materials, and/or to cease providing any related services at any time, without notice and without any liability to you, for any reasonable cause, including without limitation your breach of these Terms of Use, requests by law enforcement or other government agencies, discontinuance or modification of the Website, or technical problems.


Third Party Linked Sites and Services:

The Website and Subscription Service may provide links to websites of third parties (“Linked Sites”) for the purposes of providing certain services or information. Such Linked Sites may include service provider’s websites, social media, credit card processing, and seminar/webinar registration sites, as well as links contained in advertisements, including banner advertisements and sponsored links, and any links provided as automated search results. The Linked Sites are not operated or controlled by Dental Intel, and Dental Intel is not responsible for any of the contents of any Linked Sites, including any additional links contained in a Linked Site, or for any products or services provided by such third parties. Dental Intel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dental Intel of the site or any association with the owners or operators of the Linked Site. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You acknowledge and agree that Dental Intel is not responsible or liable for the content or accuracy of any other website.


Your personal data and information may be shared with the third parties who provide services to Dental Intel and our customers, including Linked Sites (for example, credit card processors), where permitted by law, subject to your consent if required by law or by the Privacy Policy. Please see the Privacy Policy for additional details.


Linking to the Website and Social Media Features

You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express, written consent.


The Website may provide certain social media features that enable you to:



You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:



The website from which you are linking, or on which you make certain content accessible, must not contain false, misleading, defamatory, infringing, illegal, obscene, offensive, harassing, violent, inflammatory or otherwise objectionable material.


You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may also disable all or any social media features and any other links at any time without notice in our sole discretion.


Ownership:

All content and materials on the Website or made available through the Website, including articles, videos, text, software, graphics, logos and images (“Dental Intel Materials”), are the property of Dental Intel or its customers, suppliers or licensors. All Dental Intel Materials are protected by copyright and/or other laws that protect intellectual property and proprietary rights. You agree to comply with all copyright and other proprietary notices, legends or other restrictions applicable to any Dental Intel Materials.


Your User Content remains your property, subject to the rights of use contained in these Terms of Use and the Privacy Policy. If you provide any suggestions, ideas or feedback to Dental Intel (“Feedback”), Dental Intel shall have a royalty-free, worldwide, irrevocable, perpetual license to use such Feedback and incorporate it into Dental Intel’s software, products and services.


Disclaimer of Warranties:

EXCEPT AS OTHERWISE EXPRESSLY AGREED BETWEEN DENTAL INTEL AND YOU OR YOUR ORGANIZATION IN A LICENSE AGREEMENT OR OTHER CONTRACT, THE WEBSITE, ITS CONTENTS, AND ALL DENTAL INTEL MATERIALS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES AND WITH ALL FAULTS, AND DENTAL INTEL AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, WHETHER ARISING BY LAW, BY REASON OF CUSTOM OR USAGE OF TRADE, OR BY COURSE OF DEALING. DENTAL INTEL DOES NOT WARRANT THAT THE WEBSITE, DENTAL INTEL MATERIALS OR ITS SERVICES ARE ERROR-FREE. YOU AGREE THAT DENTAL INTEL IS NOT RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION OR MARKETING MATERIALS OF SERVICE PROVIDERS THAT MAY APPEAR ON THE WEBSITE OR IN THE SUBSCRIPTION SERVICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DENTAL INTEL OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.


Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITTEN AGREEMENT SIGNED BY DENTAL INTEL, IN NO EVENT SHALL DENTAL INTEL OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LIABILITIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE, THE WEBSITE, THE SUBSCRIPTION SERVICE OR YOUR USE THEREOF, INCLUDING FAILURE OR INADEQUACY OF OR INABILITY TO USE THE WEBSITE, SUBSCRIPTION SERVICE OR OTHER DENTAL INTEL MATERIALS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DENTAL INTEL OR ITS LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE SUBSCRIPTION SERVICE, ANY DENTAL INTEL MATERIALS, OR ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SUBSCRIPTION SERVICE.


Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so some of these disclaimers or limitations may not apply to you.


Copyright Infringement and Takedown Notices:

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 Website are infringing, please notify us as specified in the “Dental Intel Contact Information” section below. We will respond to such notices, consistent with the Digital Millennium Copyright Act and other applicable laws.


Trademarks:

The Dental Intelligence and Dental Intel trade names, the LocalMed trademark, the Dental Intel and LocalMed logos:

and all related names, logos, product and service names, designs and slogans (“Trademarks”) are registered or unregistered trademarks and service marks of Dental Intel, its service provider customers, and other third parties. All other Trademarks on the Subscription Service or Website are the trademarks of their respective owners. Dental Intel’s use of a third party’s Trademark or content on this Website does not indicate any endorsement by Dental Intel of such third party or its products or services. You are not granted any right or license to use the Trademarks of Dental Intel or others that appear on this Website, other than for authorized business purposes.


International Users:

The Website is controlled, operated and administered by Dental Intel from our offices within the USA. If you access the Website from a location outside the USA, you are solely responsible for compliance with all local laws.


General Terms:

These Terms of Use are governed by the laws of the State of Utah, without regard to any conflicts of laws provisions. You consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.


Dental Intel's provision of the Website and its other products and services is subject to existing laws and legal process, and nothing contained in these Terms of Use limits Dental Intel's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or your User Content.


If any provision of these Terms of Use is held by a court or other authority to be invalid or unenforceable, such provision shall modified to the minimum extent necessary or replaced with a valid provision that best embodies the intent of these Terms of Use, or if it cannot be so modified, then severed, and the rest of these Terms of Use shall remain in full force and effect.


These Terms of Use, together with the Privacy Policy and, if applicable, Subscription Terms of Service, constitute the entire agreement between you and Dental Intel with respect to the Website and its contents, including the Subscription Service, and supersede all other prior or contemporaneous communications and understandings, whether electronic, oral or written, between you and Dental Intel with respect to the Website. If Dental Intel and you or your organization have entered into a separate written contract regarding the Hosted Service, such as the Subscription Terms of Use, that contract will have priority over these Terms of Use in the event of a conflict.


Dental Intel’s failure to enforce or exercise any provision of these Terms of Use is not a waiver of that provision. Any course of conduct between you and Dental Intel will not be deemed to modify any provision of these Terms of Use. Except as otherwise stated at the beginning of these Terms of Use, these Terms of Use may be modified or amended only by a separate written agreement signed by an authorized official of Dental Intel.


You agree to receive all notices and communications from Dental Intel regarding the Subscription Service by electronic means, which include email and notices posted on the Website or in the portal to the Subscription Service. Such electronic communications may include, but are not limited to, notices of scheduled downtime, notices or disclosures that federal or state laws or regulations require that Dental Intel provide to its customers, and any other communications regarding your relationship with Dental Intel. You acknowledge that you are able to retain such electronic communications by printing them or downloading and saving them. You agree that such electronic notices are reasonable and proper notice for the purpose of any applicable laws and regulations, including that communications be provided in writing and/or in a form that you may keep.


Dental Intel Contact Information:

You may send us notices, questions or comments regarding these Terms of Use at the following:


Dental Intelligence, Inc.

2100 W Pleasant Grove Blvd., Suite 400

Pleasant Grove, UT 84062


Legal Notices (including infringement or privacy matters): legal@dentalintel.com (with a copy to Dental Intel’s street address, Attention: Legal Operations)


Effective as of April 15, 2020







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