DRTALK TERMS AND CONDITIONS OF USE AGREEMENT—Dentist and Staff User
This application, (the “Site”), is being provided for use to assist doctors and staff (consumer “Users”) in obtaining, transferring and communicating certain information about patients (such as electronic medical records (“EMR”), scheduling and other inter office related communication functions, and the like. This Site is intended for adults only. This Site is not intended for use by any minor under the age of 18. The following are the terms and conditions all doctors and staff users (collectively, “Users”) must agree to when visiting, viewing or using the Site. By electronically clicking the “I Accept” box, you accept and agree to be bound by the following terms and conditions (the “Agreement”).
The following are the terms and conditions all doctors and staff users (collectively, “Users”) must agree to when visiting, viewing or using the Site.
By electronically clicking the “I Accept” box, you accept and agree to be bound by the following terms and conditions (the “Agreement”).
Welcome to our DRTALK. By using this Site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Site.
- Agreement. This TERMS AND CONDITIONS OF USE AGREEMENT (the “Agreement”) specifies the Terms and Conditions for access to and use of the application (the “Site”), and describes the terms and conditions applicable to your access to and use of the Site. This Agreement may be modified at any time by DRTALK or DRTALK Management Company (the “Site Administrator”) upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at the Site. Each use of the Site by you shall constitute and be deemed your unconditional acceptance of this Agreement.
- Conditions of Use. All Users of this Site must be over the age of 18 and possess the capacity to enter into binding contracts.
- No Endorsement of Content or Businesses. DRTALK makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on the Site including, without limitation, the availability or quality of any of the services offered by third parties including but not limited to the services offered by any health care provider. DRTALK does not control the quality, safety, truth or accuracy of the content and makes no representation with respect thereto. DRTALK shall have no obligation to review the Site’s content or pre-screen or otherwise monitor any of the service providers. All content provided by Users of the Site is the sole responsibility of the User, not DRTALK.
- No agency or partnership. DRTALK is not an agent, employee, independent contractor or partner of any doctor and/or any person working directly or indirectly referred to on this Site, or on any website linked to this Site. Each doctor and/or any person working directly or indirectly referred to on this Site, or on any website linked to this Site is solely liable for any evaluation of or treatment rendered by that doctor and/or any person working under them or performing treatment for them, and DRTALK is not liable for any acts or omissions of any such dentist or dental surgeon.
- Hyperlinks. The Site may contain hyperlinks to third party websites outside of the Site. In general, any website which has an address (or URL) not containing www.DRTALK.com is such a website. Also, the Site may frame other websites inside its frame. These links are provided for convenience or reference only and are not intended as an endorsement by DRTALK of the organization or individual operating the linked website or a warranty of any type regarding the linked website or the information on the linked website. DRTALK makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on those third-party websites. DRTALK has no control over the content of any hyperlinked third party websites and shall have no obligation to review those sites’ content. Your linking to any other websites is at your own risk. You agree that you must evaluate and bear all risks associated with the use of any content, and that under no circumstances will DRTALK be liable for any loss or damage of any kind as a result of the use of any content or service providers posted, emailed or otherwise made available through the Site. You acknowledge that the collection of any of your data by any other linked site is outside the scope of DRTALK’s control.
- Acceptable and Lawful Use of Site. Any information you provide to DRTALK in connection with your use of the Site: (a) shall not be false, inaccurate, deceptive, deceitful, or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, invasive of another’s privacy, or harm minors in any way; (f) shall not create liability for DRTALK; and (g) shall not include personal or identifying information about another person who does not wish to be included.
- System Integrity. You may not use any device, software or routine to interfere with the proper working of the Site. You may not use any method to intercept or expropriate any system data or information from the Site without the express written permission of DRTALK. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email (i.e.: “Spam”). You shall not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or the content contained herein without the prior expressed written permission of DRTALK. Information on the Site is frequently updated and is proprietary or is licensed to DRTALK. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior expressed written permission of DRTALK and the appropriate third party.
- System Outages. The System Administrator periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. DRTALK shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages, or any third-party acts or any other outages of web host providers or the internet infrastructure and network external to the Site.
- Disputes with Users and Third Parties. If there is a dispute between Users on this Site, or between Users and any third party, you understand and agree that DRTALK is under no obligation to become involved. In the event that you have a dispute with one or more Users or third parties including, but not limited to, any health care providers, you hereby release DRTALK and its owners, agents, employees, affiliates, internet partners and/or internet users (collectively the “DRTALK Group”) from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, directly or indirectly arising out of or in any way related to such disputes and/or services.
- Offline Conduct. Although DRTALK cannot monitor the conduct of its Users off the Site, it is a violation of this Agreement to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without his/her prior explicit consent.
- Information Does Not Constitute Dental or Dental Advice. You acknowledge that the information on this Site is provided “AS IS” for general information only. It is not intended to provide dental or any other form of health care advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual dental history, needs and/or dental condition. Each health care professional is independently responsible to determine if you are a candidate for any or all dental treatment they recommend and/or provide. DRTALK shall not be liable for any claim, demand, causes of action, damages or injury arising from or related to any dental advice or treatment rendered by any health care provider you might be referred to using the Site.
- Hold Harmless. You agree that you will indemnify, defend and hold harmless each member of the DRTALK Group from any and all claims, demands, causes of action, liabilities, expenses (including attorneys’ fees) and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to your access to or use of, or your inability to access or use, the Site or the information contained in the Site or other websites to which the Site is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from the Site or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will any member of the DRTALK Group be liable to you or anyone else for any decision made or action taken by you in reliance on such information contained in the Site or in any other website to which the Site is linked, or for any consequential, special or similar damages directly or indirectly arising from or related to any such information, even if any member of the DRTALK Group has been advised of the possibility of such damages.
- Security. DRTALK utilizes secure servers to protect information contained on the site. You shall not disclose any information to others that might create or inflict harm on others, including anti-competitive actions.
- Site Use. In consideration of your agreement to be subject to the aforementioned “conditions of use” (section 2, above), and to be otherwise bound by the other terms and conditions contained herein, DRTALK grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of the Site Administrator and the Site Administrator may terminate your use of this Site at any time.
- License Granted to DRTALK. You grant DRTALK a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to any and all information you provide to the Site.
- Ownership. All content included on this Site is and shall continue to be the property of DRTALK or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
- Compliance with Laws. You agree to comply with all applicable laws, ordinances and regulations regarding your use of the Site. If we become aware of it, DRTALK reserves the right to report any wrongdoing to the applicable government agencies or otherwise. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
- Indemnification. You agree to indemnify, defend and hold each member of the DRTALK Group harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, directly or indirectly arising from or related to your violation of this Agreement or your use of the Site. Each user shall be personally responsible for any and all of their acts or omissions in the provision of dental or medical treatment to any patients. Each treating doctor needs to agree to defend, indemnify and hold harmless, DRTALK, its officers, shareholders, employees, agents, or representatives from and for any and all claims for losses, damages and expenses which relate to any and all claims which in any way arise from the referral for the provision of professional dental or medical services and all other care and treatment provided by the doctor or any agent, employee or independent contractor of the doctor or any other dental/medical practitioner working under the doctor or performing treatment on any patient referred to them by DRTALK. The doctor or any other dental/medical practitioner acknowledges that DRTALK is a dental communication and document transfer service and not a licensed healthcare provider and thus the doctor is responsible for the treatment rendered to any patient referred by DRTALK and will indemnify, defend, hold DRTALK harmless from any and all such claims, damages and losses of any kind whatsoever and agrees to inform all such patients and obtain in writing from the patient confirming that DRTALK is not an agent, employee, independent contractor or partner nor has any legal relationship with the dental provider.
- Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. DRTALK DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND/OR ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. Without limiting the foregoing, neither DRTALK, nor any other member of the DRTALK Group, or any of their suppliers, makes any representation or warranty about the accuracy, reliability, completeness, currentness, or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the Site, or any warranty that these pages, or the computer server which makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF THE DRTALK GROUP BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE USING THE SITE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
- Applicable Law. You agree that the laws of the state of Colorado without regarding to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and any member of the DRTALK Group.
- Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- Confidential Information. Do not submit confidential or proprietary information to DRTALK or the Site Administrator unless you have their prior written consent. By using the Site, you agree that DRTALK shall not be responsible for any confidential or proprietary information.
- Electronic Signatures. We (you and DRTALK) agree that any document or record, including this Agreement, which is transmitted or received by electronic transmission by either party shall be treated in all manner and respects as an original signed document where sufficient indicia of acceptance by the respective party exists. Accessing the Site constitutes acceptance of this Agreement by you. We (you and DRTALK) further agree that, by entering into this Agreement, we shall each accept electronic signatures or other reasonable electronic indicia as effective forms of acceptances. Such indicia of acceptance shall be considered for these purposes as an original signature and any such electronic transmission shall be considered to have the same binding legal effect as an original signed document. You agree that you shall not raise electronic transmission or electronic signatures as a defense to this Agreement or the binding nature thereof or in any matters related to this Agreement, and you agree to waive such defense.
- Termination. DRTALK may terminate this Agreement at any time, with or without notice, for any reason.
- Relationship. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between you and DRTALK. This Agreement is between you and DRTALK and is not intended to be for the benefit of any third party.
- Entire Agreement. Except as expressly provided in any particular “legal notice” on the Site, these Terms and Conditions constitute the entire agreement between you and DRTALK with respect to your use of the Site.
Violations of Terms. Please report any violations of this Agreement, by emailing the Site Administrator at info@DRTALK.com. DRTALK’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Thank you for your cooperation. We hope you find the Site helpful and convenient to use! Questions or comments regarding the Site, including any reports of non-functioning links, should be directed to the Site Administrator by electronic mail:
DRTALK Management Company