ddsWebLink®: User Agreement Terms & Conditions
(Effective May 15, 2007)
THE FOLLOWING DESCRIBES THE TERMS ON WHICH ddsWebLink® OFFERS YOU ACCESS TO OUR SERVICES.
This User Agreement ("Agreement") is a contract between you and ddsWebLink® and applies to your use of the ddsWebLink® service and any related products and services available through www.ddsWebLink.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of ddsWebLink®. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and web sites referred to in this document, as they may contain further terms and conditions that apply to you as a ddsWebLink® user. Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other ddsWebLink® web sites and Services will be governed by the terms and conditions posted on those websites.
For additional information about the Service and how it works, contact us at info@ddsWebLink.com.
ddsWebLink® may amend this Agreement at any time by posting the amended terms on our website. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. The User Agreement Terms & Conditions page is accessible from the Terms of Service footer link located in the primary system dashboard once you have logged in. You may review the current Agreement prior to initiating a transaction at any time.
In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, " ddsWebLink®," "we" or "our" or "us" will refer collectively to ddsWebLink® and its subsidiaries.
BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE WHO YOU HAVE REPRESENTED YOURSELF TO US AS AND HAVE LEGAL CAPACITY TO ENTER INTO THESE TERMS AND USE THE SERVICES AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS. ADDITIONALLY, BY CLICKING THE "I ACCEPT" BUTTON YOU AGREE TO EXECUTE ALL LEGALLY BINDING DOCUMENTS AND CONTRACTS WITH US AND OTHER DDSWEBLINK® SUBSCRIBERS USING OUR ELECTRONIC SIGNATURE PROCESS.
THE FOLLOWING ACCOUNT AGREEMENT DESCRIBES THE TERMS AND CONDITIONS IN WHICH ddsWebLink® OFFERS YOU ACCESS TO ITS ONLINE SERVICES.
Eligibility. In order to use the Service, you must register for a ddsWebLink® account. Users may only hold one Business account. Our Services are only available to individuals, businesses, or entities that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is only available to Authorized Users. “Authorized Users” are defined as dentists and/or dental laboratories, or authorized employees, contractors, representatives, or agents thereof.
If you are a dental practitioner, you are required to keep on file a Business Associate Agreement, or some parallel contractual arrangement or agreement with any dental laboratory with whom you are affiliated and/or with whom you share dental charts, histories, records, and other such information generally used in the course and scope of dental practice (hereinafter, the “Records”). If you are a dental practitioner, you expressly represent and warrant that you will not disseminate any Records to any dental laboratory without a Business Associate Agreement or other such contractual arrangement or agreement.
I. Description of the ddsWebLink® Service
The Legal Relationship between You and ddsWebLink®.
You acknowledge that ddsWebLink® merely stores patient records that have been obtained with patient consent and in accordance with all applicable laws. You acknowledge that ddsWebLink® is acting only as an agent and custodian of these records.
ddsWebLink® stores patient dental records online in order to facilitate the ready exchange of the Records. ddsWebLink® warrants and represents that all Records have been lawfully obtained and are available with the patients’ consent. In order to utilize ddsWebLink®, you explicitly agree, subject to all applicable laws, codes, statutes, regulations, and provisions, to use the Records for lawful purposes, and expressly warrant and represent that the Records will be utilized within, for, and in the course of dental practice.
II. Other Terms and Provisions
A. Identity Authentication. We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize ddsWebLink®, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, ddsWebLink® cannot and does not guarantee any user's identity.
B. Release. In the event that you have a dispute with one or more users, you release ddsWebLink® (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."
C. No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
The above clause is completely separate from any Separate Guarantees made by ddsWebLink®.
D. Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
E. Indemnification. You agree to indemnify and hold ddsWebLink®, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
F. Damages. You and ddsWebLink® agree that the damages that ddsWebLink® will sustain as a result of the behavior outlined above will be substantial, including (without limitation) fines and other related expenses from the government and/or individual patients, but may be extremely difficult and impracticable to ascertain. In the event that you engage in such activities, then ddsWebLink® may take legal action against you to recover any such losses or damages, and/or may suspend or immediately terminate your usage of ddsWebLink®.
G. Violation of Acceptable Use Policy. You further understand that, if you use the ddsWebLink® service in a manner that violates the Acceptable Use Policy, including but not limited to the categories described above, ddsWebLink® may incur substantial liability and/or suffer significant damages, including (without limitation) fines and other related expenses from the government and/or individual patients. By misusing patient records in contravention of this User Agreement, you acknowledge liability to ddsWebLink® for any and all damages suffered by ddsWebLink®. Without limiting the foregoing, you agree to reimburse ddsWebLink® for any and all costs, expenses, and fines levied on ddsWebLink® by any governmental entity or individual patient as a result of your activities.
H. Attorneys’ Fees. You agree that, if either you or ddsWebLink® commences litigation or arbitration in connection with this paragraph, the prevailing party is entitled to recover reasonable attorneys' fees and any other costs incurred in such proceeding in addition to any other relief to which the prevailing party may be entitled.
I. Payments. Once a Payment is made it is non-reversible and non-refundable. Your account information must be kept up-to-date at all times in order for funds provided to ddsWebLink® electronically to be accurately posted. Sending us funds in any way that does not comply with stated pricing and/or subscription policies will not be accepted and could result in the suspension of your ddsWebLink® account.
J. Permitted Uses. You may use the website of ddsWebLink® for lawfully permitted purposes only. You cannot distribute or transfer any copies to third parties in exchange for money or other consideration. You may not copy, display, distribute, transmit, publish, license, modify, reformat, create derivative works from, or sell any web pages or information belonging to ddsWebLink®.
K. Jurisdiction. Your use of this website and your acceptance of the User Agreement and Privacy Policy is governed exclusively by the laws of the State of California, without regard to conflict of laws principles, and you consent to the exclusive jurisdiction and venue of the courts of San Diego County, Hall of Justice, in all disputes arising out of your relationship with ddsWebLink® and your use of this website.
III. Responsibilities of Users
In order to become a User of ddsWebLink® you must register online. You must also read and agree to the terms and conditions of this agreement as well as the Privacy Policy. The terms and conditions of this agreement are:
A. You must provide ddsWebLink® with valid and accurate information. Only Subscribers may open a ddsWebLink® account. “Subscribers” are defined as licensed dentists or dental laboratory owners/managing agents.
Only Authorized Users may use this web site. “Authorized Users” are defined as dentists and/or dental laboratories, or authorized employees, contractors, representatives, or agents thereof. It is your responsibility to either discontinue a user account or change the password on your user account in the event that a previously Authorized User is terminated, resigns, or for any other reason ceases to be an Authorized User.
You will not open more than one ddsWebLink® account. ddsWebLink® reserves the right to terminate duplicate accounts or any account containing untruthful information. ddsWebLink® also reserves the right to close any account that is linked in any way to another account in bad standing with ddsWebLink®.
B. You may not divulge your password to anyone else, nor may you use anyone else's password. ddsWebLink® is not responsible for losses incurred by Users as the result of the misuse of passwords.
C. You understand that ddsWebLink® at present does not service accounts from the following countries: Afghanistan, Albania, Algeria, Armenia, Azerbaijan, Belarus, Bhutan, Bouvet Island, Bulgaria, Cambodia, Croatia, Estonia, Georgia, Ghana, Hungary, Indonesia, Iran, Iraq, Jordan, Kazakhstan, Korea (North), Kyrgyzstan, Laos, Latvia, Lebanon, Libya, Lithuania, Malaysia, Moldova, Mongolia, Myanmar (Burma), Nigeria, Oman, Pakistan, Romania, Russia, Saudi Arabia, Serbia and Montenegro, Slovakia, Slovenia, Somalia, Syria, Tajikistan, Thailand, Turkmenistan, Uganda, Ukraine, Uzbekistan, Yemen, Yugoslavia. This list is subject to change without notice.
D. If you use, or attempt to use the ddsWebLink® service for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of ddsWebLink®, your ddsWebLink® account will be immediately terminated and you will be subject to liability, damages and other penalties, including criminal prosecution where available. ddsWebLink® will seek all available legal remedies.
E. You agree to indemnify and hold ddsWebLink®, its affiliates, officers, directors and employees harmless from any claim or demand whatsoever relating to or arising out of the ddsWebLink® service.
F. You acknowledge that when speaking to customer service agents at ddsWebLink®, your call may be monitored and/or recorded for quality and security.
G. You acknowledge that for fraud and security purposes your records are kept by ddsWebLink® even after your account is closed. These records are stored securely and kept strictly confidential.
H. You acknowledge that for identity verification purposes, the following information may be provided to Merchants who you transfer funds to or from: Name, Account Number, Jurisdiction, Email Address, and/or IP Number.
I. Customers are reminded to print out all transaction data, the Terms of Use, the Privacy Policy, and the payment methods in order to avoid misconceptions at a later time.
J. Customers are reminded to print a copy of all transaction data and the Terms and Conditions for future reference.
IV. Responsibilities of ddsWebLink®
A. ddsWebLink® reserves the right to verify any of the information you provide.
B. ddsWebLink® shall not be responsible for the privacy practices or the content of third party referrals or web site links.
C. ddsWebLink® shall not be responsible for any information lost due to malfunction or loss of a computer, internet service provider, or handheld device.
D. ddsWebLink® shall not be liable for any damages of any kind arising out of or in connection with this account agreement, the ddsWebLink® web site, or ddsWebLink® service.
E. ddsWebLink®, in its sole discretion, may terminate this Agreement, access to its web site, or access to the service without notice for any reason and at any time.
F. ddsWebLink® retains all right, title, and interest in and to trademarks. Users shall only use ddsWebLink® trademarks with the express permission of ddsWebLink®. You shall not use the trademarks in any manner that is disparaging to ddsWebLink®. Under no circumstances may a User alter, modify, or change the ddsWebLink® trademark(s).
G. ddsWebLink®, in its sole discretion, reserves the right to restrict or terminate an account for any one of the events listed below:
- Receipt of potentially fraudulent funds; or
- The account has been used in or to facilitate fraudulent activity; or
- We suspect that the account is being used in any manner not consistent with this User Agreement.
H. ddsWebLink® is responsible for keeping your records and personal information secure and confidential. ddsWebLink® makes every effort to protect your information from error, loss, and unauthorized access. Our employees who have access to your information are made aware of this and each employee must sign an agreement stating that maintaining confidentiality is a condition of employment with ddsWebLink®.
I. Users or registrants (“you”) hereby agrees to fully indemnify and hold harmless ddsWebLink® for any and all claims, including all legal fees and costs, arising out of this agreement. You agree to fully indemnify and hold harmless ddsWebLink® for any and all claims, including all legal fees and costs, incurred by ddsWebLink® arising out of any disputes between you and any third party.
The PARTIES hereby agree that attorney’s fees and costs shall be awarded to the prevailing party in any action arising out of this agreement. The attorney’s fees shall be defined as the actual fees incurred.
V. Liability and Error Resolution
A. You are responsible for keeping your password and login information safe and confidential. You should not share this information with anyone, nor should you allow this information to be accessible by anyone. If your password and/or login information is used by an unauthorized person, you may be liable for any misuse, damages, or loss incurred.
B. In case of errors or questions about your transactions, you should notify the ddsWebLink® immediately through application messaging or e-mail.
VI. Consumer Liability and Error Resolution
A. We may periodically email you notice to inspect your ddsWebLink® account history online. If your transaction history shows electronic funds transfers that you did not make or authorize, notify us at once. If you do not notify us within 60 days after receiving notice, you may not recover any money you lose after the 60 days if we can prove that we could have stopped someone from taking the money if you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from notifying us, we may extend the time periods.
B. In case of unauthorized transactions, payment problems, errors or questions about your account, you should notify ddsWebLink® through application messaging or e-mail. You must: 1) Tell us your name, account name, password, and primary email address; 2) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and, 3) Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send your complaint in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate the complaint or question. If we decide to do this, we will provisionally credit your transaction account within ten (10) business days for the amount you think is in error, so that you may have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your transaction account. If we determine there was no error, we will mail you a written explanation within three (3) business days after we finish the investigation. You may ask for copies of documents which we used in our investigation. We may revoke any provisional credit provided to you if we find that an error did not occur.
This Agreement is subject to change at any time without notice.
© 2007 DDS Solutions, Inc., dba ddsWebLink®