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Terms and Conditions of Use

Please read these terms and conditions of use carefully. By accessing or using this web site or the DentalDate service, you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this web site.
These terms and conditions of use (“Terms of Use”) apply to your access to, and use of, the Web site of DentalDate, Corp. (“DentalDate”), located at DentalDate.com and all related web sites, mobile sites, data files, visualizations, and applications which link to these Terms of Use (the “Sites”) and to all features and services accessed through the Sites (the “DentalDate Service”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with DentalDate, or its subsidiaries or affiliates, for products, services or otherwise.
To the full extent permitted by applicable law, DentalDate reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Sites or the DentalDate Service, at any time and at its sole discretion by providing notice the Terms of Use have been modified. Such notice may be provided by sending an email, by posting a notice on the Sites, by posting the revised Terms of Use on the Sites and revising the date at the top of these Terms of Use or by such other form of notice as determined by DentalDate. Your continued use of these Sites or the DentalDate Service following the posting of the revised Terms of Use or other notice of such changes will constitute your acceptance of such changes or modifications. Otherwise, any changes or modification will be effective within thirty (30) days of the posting of the revisions on the Sites unless you notify DentalDate within such thirty (30) days that you do not agree to the changes and you stop using the Sites and the DentalDate Service.
If you have any question regarding the use of the Sites or the DentalDate Service, please e-mail us at info@dentaldate.com.

Privacy Policy

Please refer to DentalDate’s Privacy Policy for information on how DentalDate collects, uses and discloses personally identifiable information from its users that are conducting general searches.
The privacy of information maintained in DentalDate’s User Accounts is governed by our Privacy Policy.

The DentalDate Service

DentalDate uses proprietary processes and algorithms to provide information to users (“Users”) to assist them in finding and selecting a dentist or other health provider (a “Provider”). The DentalDate Service also includes a booking service that will assist Users in making an appointment with a Provider located through the DentalDate Service (the “Booking Service”). If you make an appointment through the Booking Service, you acknowledge and agree that you are entering into a direct relationship with the Provider. It is solely up to you to verify whether any insurance plan you have will apply to the Provider and the services being provided.

Permission to Share Protected Health Information

The DentalDate Service may involve the electronic disclosure of protected health information (“PHI”) to service providers who assist us in providing the DentalDate Service (“Service Providers”). These Service Providers are prohibited from using the PHI for any other purposes and must agree to a non-disclosure agreement protecting such PHI. By agreeing to these Terms of Use, you authorize us to electronically disclose this information with such Service Providers in each instance.

No Recommendations or Dental or Medical Advice; No Liability for Provider or Estimates

DentalDate is not a referral service and does not recommend, endorse, discourage, screen or approve any Providers or any dental or medical procedures, products or services, nor does DentalDate provide medical or dental advice of any kind. You are solely responsible for selecting and determining the suitability of Providers you use and for obtaining any additional information you need to make an informed decision prior to utilizing any Provider, whether or not you obtained information about such Provider through the DentalDate service, whether or not such Provider publicized an offer on DentalDate and whether or not DentalDate assisted in making an appointment with such Provider. Any cost or pricing information available through the DentalDate Service, including any offers posted by the Provider, any information regarding the amounts you and your insurance company might be expected to pay a Provider, is an estimate only based on a variety of factors considered by DentalDate and is not intended as a representation or guarantee as to the specific pricing applicable for particular procedures for a given Provider. DentalDate makes no representations or warranties of any kind regarding, and disclaims all responsibility or liability for: (a) the quality or suitability of any Provider; (b) the advice, treatment or other services rendered and any claims arising therefrom; (c) the results obtained from any Provider; (d) the conduct or actions of any Provider; and (e) the accuracy of any information accessed through the DentalDate service including offers and cost estimates.

Payments

Payments in all forms through the DentalDate website are agreed to between the Provider and the patient. Any disputes or disagreements are between the Provider and patient exclusively. DentalDate is not responsible for mediating any disagreements between Provider and patient. Quickpay and Flexpay are terms used by DentalDate to describe particular payment services through the DentalDate platform. By using the DentalDate platform for payments, the Provider agrees to our transaction fees. Providers using our deals section on DentalDate also agree to use the DentalDate platform to process the payments through the DentalDate platform. All financing and payments processed through the DentalDate platform are processed through our partners and not by DentalDate itself. DentalDate has no authority over any payment or financial disputes of any kind. You agree to refer any such disputes to the Provider, the Patient or DentalDate’s payment processing partners. By using DentalDate, you acknowledge that all payments or financing is performed by our partners and not through DentalDate itself. You also agree that you will not hold DentalDate responsible for any problems with transactions, financing, payments, or any other fiduciary issues.

Alerts and Notifications; Consent to Use of Mobile Communications

As part of the DentalDate Service, you may (if enabled) receive text messages, alerts, confirmations, emails, or other types of messages from DentalDate. You can opt in or out of these messages through the Sites by emailing info@DentalDate.com (with the exception of important service announcements and administrative messages). You consent to DentalDate’s communicating with you about the DentalDate Service in connection with the features, functions and activities contained therein by SMS, text message, email or other electronic means. Your carrier's normal messaging, data and other rates and fees will apply to these communications.

Copyright and Limited License

Unless otherwise indicated, the Sites and all content and other materials on the Sites, including, without limitation, the DentalDate logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of DentalDate or its licensors or users and are protected by U.S. and international laws and treaties.
You are granted a limited, non-sublicensable license to access and use the Sites and the DentalDate Service for your informational, non-commercial and personal use only. Such license is subject to these Terms of Use and does not include: (a) any resale or commercial use of the Sites, the Site Materials, or the DentalDate Service; (b) the collection and use of any provider listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) the modification or other derivative use of the Sites and the Site Materials, or any portion thereof; (e) the use of any data mining, scraping, robots or similar data gathering or extraction methods; (f) the downloading (other than page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites, the Site Materials or the DentalDate Service other than for their intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of DentalDate, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
In the event that you receive any PHI (as that term is defined in the Health Insurance Portability and Accountability Act) from DentalDate, you agree that you will immediately (i) notify DentalDate that you have received PHI, and (ii) delete all copies of the PHI, including all copies of such PHI maintained on any backup or archival systems, and certify a writing that you have deleted such PHI.

Trademarks

DentalDate, the DentalDate logos and any other DentalDate product or service name or slogan contained in the Sites are trademarks of DentalDate or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DentalDate or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “DentalDate” or any other name, trademark or product or service name of DentalDate without DentalDate’s prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, buttons, icons and scripts, is the service mark, trademark and/or trade dress of DentalDate and may not be copied, imitated or used, in whole or in part, without DentalDate’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Third Party Content

DentalDate may provide, link to or utilize third-party data and other content, on the Sites or in connection with the DentalDate Service (collectively the “Third-Party Content”) as a service to those interested in this information. DentalDate does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy, currency, or completeness. You acknowledge and agree that DentalDate is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content and anything derived therefrom at their own risk.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, DentalDate has adopted a policy of terminating, in appropriate circumstances and at DentalDate's sole discretion, subscribers or account holders who are deemed to be repeat infringers. DentalDate may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints

If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with DentalDate’s Designated Agent as set forth below.
Name of Designated Agent: Russell Selmont Esq.
Address: 9401 Wilshire Blvd., 9th Floor Beverly Hills, CA 90212-2974
Email: rselmont@ecjlaw.com
Phone: (310) 273-633
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by DentalDate or the alleged infringer as the result of DentalDate’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for non-commercial purposes, provided such link does not portray DentalDate or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an DentalDate logo or other proprietary graphic of DentalDate as a link to the Sites without the express written permission of DentalDate. Further, you may not use, hot-link to, frame or utilize framing techniques to enclose any DentalDate trademark, logo or other proprietary information, including the images found at the Sites, the Site Materials (including any charts or data), and the layout/design of any page or form contained on a page on the Sites without DentalDate's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of DentalDate or any third party. DentalDate makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under DentalDate’s control and DentalDate is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. DentalDate provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by DentalDate of any site or any information contained therein. When you leave the Sites, you should be aware that DentalDate’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, images, photos, original or creative materials or other information, regarding DentalDate, the Sites, or the DentalDate Service, that are provided by you in the form of email or other submissions to DentalDate, or any postings on the Sites, are non-confidential and shall become the sole property of DentalDate. DentalDate shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Content and Conduct

The Sites may include interactive areas (“Interactive Areas”), such as forums or Provider-created offers or advertisements, in which you or other users create, post or store any content, offers messages, reviews, materials, text, photos, video, graphics, or other items or materials on the Sites (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
User Content that, in the sole judgment of DentalDate, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose DentalDate or its users to any harm or liability of any type.
You further agree that you are solely responsible for your conduct while on the Sites and in connection with the DentalDate Service, and you agree that you will not do any of the following in connection with the Sites, the DentalDate Service or its users:
Use the Sites or the DentalDate Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Harvest or otherwise collect information about users, including email addresses, without their consent;
Scrape the Sites or the DentalDate Service or otherwise use any data mining, robots or similar data gathering or extraction methods in connection therewith;
Use the Sites or the DentalDate Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms of Use; or
Circumvent or attempt to circumvent any filtering, security measures or other features DentalDate may adopt to protect the Site, the Service, its users or third parties.
DentalDate takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is DentalDate liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Use is solely at DentalDate's discretion, and failure to enforce such rules in some instances does not constitute a waiver of DentalDate’s right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. As a provider of interactive services, DentalDate is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although DentalDate has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, DentalDate reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites.
If you post User Content to the Sites, unless DentalDate indicates otherwise, you grant DentalDate and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit such User Content throughout the world in any media on or in connection with the Sites and the promotion thereof including without limitation the right to use your name, likeness, voice or identity. You grant DentalDate and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if DentalDate chooses. You understand and agree that the use of your or other users’ name, likeness, voice or identity in connection with various features on the Sites does not imply any endorsement of such feature or of the Sites of the DentalDate unless explicitly stated otherwise. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

Registration Data and Account Security

In consideration of your use of the Sites, if you create an account, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to DentalDate, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to DentalDate.

Indemnification

You agree to defend, indemnify and hold harmless DentalDate, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against DentalDate and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

Disclaimer

Except as expressly provided to the contrary in a writing by DentalDate, the Sites, the site materials contained therein and the DentalDate service are provided on an “as is” basis without warranties of any kind, either express or implied. DentalDate disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Sites and the DentalDate service, including the information, content and materials contained therein. DentalDate does not represent or warrant that the Sites, the site materials, or the DentalDate service are accurate, complete, reliable, current or error-free.
DentalDate is not responsible for typographical errors or omissions, including relating to Providers. While DentalDate attempts to make your access and use of the sites and the services safe, DentalDate cannot and does not represent or warrant that the Sites or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.
DentalDate reserves the right to change any and all content contained in the Sites and to modify, suspend or discontinue the Sites or the DentalDate Service or any features or functionality thereof at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by DentalDate.

Limitation of Liability

To the fullest extent permitted by applicable law: (a) in no event shall DentalDate, its directors, members, employees or agents be liable for any special, indirect or consequential damages, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use any Providers, the Sites, the DentalDate service, the site materials, the User Content or the materials contained in or accessed through the Sites, including without limitation any damages caused by or resulting from reliance by User on any information obtained from DentalDate, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to DentalDate’s records, programs or services; and (b) in no event shall the aggregate liability of DentalDate, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use any providers, the DentalDate service, the Sites, and the site materials, exceed any compensation you pay, if any, to DentalDate for access to or use of the Sites and the DentalDate service.

Applicable Law and Venue

These Terms of Use and your use of the Sites and the DentalDate Service shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in Los Angeles County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Termination

Notwithstanding any of these Terms of Use, DentalDate reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Children’s Privacy

We are committed to protecting the privacy of children. Neither this Site, nor any of the Services offered on this Site is intended or designed for use by children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. By accessing, using and/or submitting information, you represent that you are not younger than 13 years of age.

Questions & Contact Information

Questions or comments about the Sites may be directed to DentalDate at info@dentaldate.com.