Terms and Conditions
1dentist, LLC dental software USER AGREEMENT
The information in this database is protected by federal and state law. Access is restricted to authorized health care providers.
By using this site, you agree:
1) You are an authorized user of the system and are entering it under the user name assigned to you personally.
2) You are a registered health care professional or are employed by a registered health care professional.
3) You have (or your employer has) a treatment relationship with the individual whose data you are accessing.
4) You are accessing the data for the sole purpose of providing medical care to that individual, or obtaining payment for medical care provided to the individual.
5) 1dentist, LLC in no way implies endorsement or approval of any banner advertising claims or of the advertiser, its products or services within the product.
6) You agree to the Terms and Conditions of Use
1dentist, LLC dental software USER AGREEMENT
THIS IS A LEGALLY BINDING AGREEMENT between 1dentist, LLC, (also referred to as 1dentist) a New York Corporation (“we” or “us”) and you, as a user of our on-line health record system (the “System”). BY CLICKING “I ACCEPT” YOU ARE UNDERTAKING LEGAL OBLIGATIONS AND CONFERRING LEGAL RIGHTS. Please read this agreement carefully, and do not click “I accept” unless you agree fully with its terms. You and we are collectively referred to as the “Parties.”
Definitions. For the purposes of this Agreement, the terms set forth in this section have the meanings assigned to them below. Terms not defined below (whether or not capitalized) have the definitions given them in HIPAA, unless the context requires otherwise:
“Authorized Workforce” means those members of your Workforce who are individually authorized by you and us to have access to the System to assist you in providing treatment and obtaining payment for treatment, and to whom we have assigned a unique identifier for access to the System.
“Confidential Information” means any information concerning our business, financial affairs, current or future products or technology, trade secrets, workforce, customers, or any other information that is treated or designated by us as confidential or proprietary, or would reasonably be viewed as confidential or as having value to our competitors. Confidential Information shall not include information that we make publicly available or that becomes known to the general public other than as a result of a breach of an obligation by you. Confidential Information does not include individuals’ health information.
“De-identified Information” means information that has been de-identified in accordance with the provisions of the Privacy Rule, and “De-Identify” means make information into De-Identified Information.
“HIPAA” means the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder, including the Privacy Rule and the Security Rule.
“Policies and Procedures” means our rules, regulations, policies and procedures for access to and use of the System, as changed from time to time and as posted electronically on the our Internet web site.
“Privacy Rule” means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.
“Security Rule” means the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR part 160 and part 164, subparts A and C.
“Services” means the services and access listed in Schedule 1 to this Agreement.
“System” means the electronic communication network from time to time operated by us, including all hardware provided by us, all software used or provided by us, and all such hardware and software installed at or accessed from your site, and all documentation provided by us in connection with the System, paper or electronic.
“Term” means the initial term and all renewal terms of this Agreement as provided in Section 16.
“User” means you and any other user of the System.
“User ID” means a unique user identification assigned to an individual User pursuant to Section 3.5.
“Your Health Information” means health information that you enter into the System.
“Workforce” means employees, agents and independent contractors.
“Your Health Information” means demographic and health information, including individually identifiable health information and protected health information, that you or your Workforce enter into the System.
“Your Site” means the location you provided us upon registration, and such other location or locations as we may approve from time to time.
1.1. 1dentist, LLC General
1.2. Provision of 1dentist. 1dentist will provide access to Customer for the type of Subscription specified on the Order Form during each applicable Subscription Term in accordance with the terms of this Agreement and the applicable Order Form.
1.3. Access to 1dentist. Customer may access and use 1dentist solely for its own benefit and in accordance with the terms and conditions of this Agreement, the Documentation and any scope of use restrictions designated in the applicable Order Form. Use of and access to 1dentist is permitted only by the number of employees of Customer specified in the applicable Order Form (“Permitted Users”). To the extent that Customer is given passwords, authentication keys, or security credentials to access 1dentist (“Login Credentials”), Customer shall require that all Permitted Users keep Login Credentials strictly confidential and not share such information with any unauthorized person. Customer shall be responsible for any and all actions taken using Customer’s Login Credentials, and shall immediately notify 1dentist if any Permitted User who has access Login Credentials is no longer an employee of Customer. Customer may permit its independent contractors and consultants (“Contractors”) and Affiliates (as defined below) to serve as Permitted Users, provided Customer remains responsible for compliance by each such Contractor or Affiliate with all of the terms and conditions of this Agreement and any such use of 1dentist by such Contractor or Affiliate is for the sole benefit of Customer. Use of 1dentist by the Affiliates, Contractors and Customer in the aggregate must be within the restrictions in the applicable Order Form. “Affiliate” means any entity under the control of Customer where “control” means ownership of or the right to control greater than 50% of the voting securities of such entity. The Affiliate rights granted in this section shall not apply to any “enterprise wide” licenses unless Affiliate usage is designated in the applicable Order Form.
1.4. General Restrictions. Customer shall not: (a) except as otherwise expressly permitted in this Agreement, rent, lease, copy, provide access to or sublicense 1dentist to a third party or use 1dentist to provide a service to a third-party, (b) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or APIs to 1dentist , except to the extent expressly permitted by applicable law (and then only upon advance notice to 1dentist), (c) modify 1dentist or any Documentation, or create any derivative product from any of the foregoing, (d) remove or obscure any product identification, proprietary, copyright or other notices contained in 1dentist (including any reports or data printed from 1dentist ) or (e) publicly disseminate information or analysis regarding the performance of 1dentist .
1.5. Acceptable Use. Customer agrees that it shall:
(a) not tamper or interfere with the jobs of other Customers;
(b) not attempt to circumvent or expand any of the file permissions established by 1dentist for Customer’s 1dentist account;
(c) not knowingly overload the scratch storage associated with a compute node or otherwise intentionally cause a compute node to fail;
(d) not interfere with the operation of 1dentist or disable or attempt to disable 1dentist ; or
(e) comply with the 1dentist Policies.
2. Grant of Right to Use Services.
2.1 We grant to you and you accept a non-exclusive, personal, nontransferable, limited right to have access to and to use the System, and a non-exclusive, personal, nontransferable, limited license to use any computer software furnished by us for access to or use of the System, for the purpose of obtaining the Services during the Term, subject to you full compliance with the terms and conditions set forth in this Agreement and with our Policies and Procedures. You will not: (a) use the System for time-sharing, rental or service bureau purposes; (b) make the System, in whole or in part, available to any other person, entity or business; (c) copy, reverse engineer, decompile or disassemble the System, in whole or in part, or otherwise attempt to discover the source code to the software used in the System; or (d) modify the Services or the System or associated software or combine the Services or the System with any other software or services not provided or approved by us. You will obtain no rights to the System except for the limited rights to use the System expressly granted by this Agreement.
2.2 The System includes certain third-party software and services, which may require that you enter into separate subscription or licensing agreements with third-party vendors, or which may be open-source. You agree to execute such agreements as may be required for the use of such software or services, and to comply with the terms of any license or other agreement held by us, and any open-source or similar licenses, relating to third-party products included in the System. This agreement shall not be construed to limit any use of open-source software in accordance with the applicable free software license.
3. Access to the System.
3.1 Permitted Uses. Subject to the terms of this Agreement, we authorize you to access the System and to use the Services for treatment and for obtaining payment for treatment, and for other purposes expressly authorized in our Policies and Procedures; provided that, except as expressly authorized in our Policies and Procedures, (i) you may access only information pertaining to individuals with whom you have a treatment relationship or for whom a provider who has a treatment relationship with has requested a professional consultation from you, or from whom you have received authorization to use their health information; and (ii) you may use only the minimum necessary information for payment purposes. You agree that you will not access the System or use the Services for any other purposes. In particular:
184.108.40.206 You will not reproduce, publish, or distribute content in connection with the System that infringes any third party’s trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right;
220.127.116.11 You will comply with all applicable laws, including laws relating to maintenance of privacy, security, and confidentiality of patient and other health information and the prohibition on the use of telecommunications facilities to transmit illegal, obscene, threatening, libelous, harassing, or offensive messages, or otherwise unlawful material;
18.104.22.168 You will not: (a) abuse or misuse the System or the Services, including gaining or attempting to gain unauthorized access to the System; altering or destroying information in the System except in accordance with accepted practices; (b) using the System or Services in such a manner that interferes with other Users’ use of the System; or (c) using the System or the Services in any manner that violates our Policies and Procedures.
22.214.171.124 The information provided by this system is intended to supplement the knowledge of dentists, physicians and other healthcare professionals. This information is advisory only and is not intended to replace sound clinical judgment in the delivery of healthcare services. You are advised to review the definitions, functionality, and limitations of the system. 1dentist, LLC and its suppliers and licensors disclaim all warranties, whether expressed or implied, including any warranty as to the quality, accuracy, and suitability of the information provided by the system for any purpose.
3.2.1 You will implement and maintain appropriate administrative, physical and technical safeguards to protect information within the System from access, use or alteration from Your Site or using a User ID assigned to you or a member of your Workforce. Such safeguards shall comply with federal, state, and local requirements, including the Privacy Rule and the Security Rule, whether or not you are otherwise subject to HIPAA. You will maintain appropriate security with regard to all personnel, systems, and administrative processes used by you or members of your Workforce to transmit, store and process electronic health information through the use of the System.
3.2.2 You will immediately notify us of any breach or suspected breach of the security of the System of which you become aware, or any unauthorized use or disclosure of information within or obtained from the System, and you will take such action to mitigate the breach or suspected breach as we may direct, and will cooperate with us in investigating and mitigating the breach.
3.3 Location of Access. You and your Authorized Workforce are authorized to access the System solely from Your Site, and from other sites from which you have received approval from us to access the System.
3.4 Compliance. You will comply with the terms of this Agreement, our Policies and Procedures, and all applicable laws and regulations. You will be solely responsible for the use of the System by you and your Workforce, and shall indemnify us and hold us harmless from any claim, cost or liability arising from such use, including reasonable attorneys’ fees.
3.5 User Identification. We authorize you and your Authorized Workforce to use the User IDs assigned to you by us. You acquire no ownership rights in any User ID, and User IDs may be revoked or changed at any time in our sole discretion. You will adopt and maintain reasonable and appropriate security precautions for User IDs to prevent their disclosure to or use by unauthorized persons. Each member of your Authorized Workforce shall have and use a unique identifier. You will use your best efforts to ensure that no member of your Workforce uses a User ID assigned to another person.
3.6 No Third-Party Access. Except as required by law, you will not permit any third party (other than your Authorized Workforce) to have access to the System or to use the Services without our prior written agreement. You will promptly notify us of any order or demand for compulsory disclosure of health information if the disclosure requires access to or use of the System. You will cooperate fully with us in connection with any such demand.
3.7 Your Workforce.
3.7.1 You may permit your Authorized Workforce to use the System and the Services on your behalf, subject to the terms of this Agreement. You will:
126.96.36.199 obtain a unique User ID from us for each member of your Authorized Workforce;
188.8.131.52 train all members of your Authorized Workforce in the requirements of this Agreement and the Policies and Procedures relating to their access to and use of the System and the Services, and ensure that they comply with such requirements;
184.108.40.206 take appropriate disciplinary action against any member of your workforce who violates the terms of this Agreement or the Policies and Procedures;
220.127.116.11 ensure that only you and your Authorized Workforce access the System from Your Site;
18.104.22.168 immediately notify us of the termination of employment of any member of your Authorized Workforce, or of your withdrawal of authorization for any such person to access the System.
3.8 Compliance with Law. Subject to the provisions of section 17, you are solely responsible for ensuring that your use of the System and the Services (including making health information available through the System) complies with applicable law. You will not undertake or permit any unlawful use of the System, or take any action that would render the operation or use of the System by us or any other User unlawful. We offer no assurance that your use of the System and the Services under the terms of this Agreement will not violate any law or regulation applicable to you.
3.9 Professional Responsibility. You will be solely responsible for the professional and technical services you provide. We make no representations concerning the completeness, accuracy or utility of any information in the System, or concerning the qualifications or competence of individuals who placed it there. We have no liability for the consequences to you or you patients of your use of the System or the Services.
3.10 Cooperation. You will cooperate with us in the administration of the System, including providing reasonable assistance in evaluating the System and collecting and reporting data requested by us for purposes of administering the System.
3.11 Indemnification. You agree to indemnify, defend, and hold harmless us and other Users, and our and their affiliates, officers, directors, and agents, from and against any claim, cost or liability, including reasonable attorneys’ fees, arising out of: (a) the use of the System by you or your Workforce; (b) any breach by you or your Workforce of any representations, warranties or agreements contained in this Agreement; (c) the actions of any person gaining access to the System under a User ID assigned to you or a member of your Workforce; (d) the actions of anyone, and/or anyone using a User ID, password or other unique identifier assigned to you or any member of your Workforce that adversely affects the System or any information accessed through the System; (e) your negligent or willful misconduct, or that of any member of your Workforce; and (f) the loss or corruption of any or all data.
4. Use of Information
4.1 Purpose of System. The purpose of the System is to store Your Health Information and (i) to make it available to you and your Authorized Workforce; and (ii) to facilitate the sharing of individuals’ health information among Users. You may make Your Health Information accessible to other Users through the System for these purposes. You authorize us, as your business associate, to use and disclose Your Health Information as follows, subject to the recipient’s agreement to comply with our Policies and Procedures and with applicable laws and regulations relating to the use and disclosure of health information, and subject also to the provisions of section 9:
4.1.1 We may permit access to Your Health Information to you and your Authorized Workforce.
4.1.2 We may permit access to Your Health Information by health care providers and their business associates for treatment.
4.1.3 We may disclose or permit access to your Your Health Informaton to health plans, health care clearinghouses, dental and medical groups, independent practice associations and other parties responsible for payment and their business associates for the purpose of obtaining payment for services you provide.
4.1.4 We may De-Identify Your Health Information, and use and disclose De-Indentified Information as provided by Section 5 and Section 6.
4.1.5 We may create limited data sets from Your Health Information, and disclose them for any purpose for which you may disclose a limited data set; and you hereby authorize us to enter into data use agreements on your behalf for the use of limited data sets, in accordance with applicable law and regulation.
4.1.6 We may aggregate your health information with that of other users, and share aggregated information among Users.
4.1.7 We may use Your Health Information for the proper management and administration of the System and our business, and to carry out our legal responsibilities. We may also disclose Your Health Information for such purposes if the disclosure is required by law, or we obtain reasonable assurances from the recipient that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the recipient, and the recipient notifies us of any instances of which it is aware in which the confidentiality of the information has been breached. Without limiting the foregoing, we may permit access to the system by our contracted system developers under appropriate confidentiality agreements.
4.1.8 We may use or disclose Your Health Information for other purposes, as from time to time described in our Policies and Procedures; provided that we will not make or permit any such use or disclosure that would violate applicable law or regulation if made by you or your business associate.
Except as provided in subsection 4.1.6 and subsection and 4.1.7, and notwithstanding any other provision of this section, we will not use or disclose Your Health Information in any manner that would violate the requirements of the Privacy Rule if done by you.
4.2 Responsibility for Misuse by Other Users. You acknowledge that in granting access to the System for the purposes set forth in section 4.1, we will rely on the assurances of the recipients of the information as to (i) their identity and credentials, (ii) the purposes for which they are accessing the system, and (iii) the nature and extent of the information to which they will have access. You acknowledge that, while the System will contain certain technical safeguards against misuse of the System, it will rely to a substantial extent on the representations and undertakings of Users. You agree that we will not be responsible for any unlawful access to or use of Your Health Information by any User resulting from the User’s misrepresentation to us, or breach of the User’s user agreement or our Policies and Procedures.
4.3 Specially Protected Information. We apply the standards of the Privacy Rule in permitting access to the System. You acknowledge that other federal and state laws impose additional restrictions on the use and disclosure of certain types of health information, or health information pertaining to certain classes of individuals. You agree that you are solely responsible for ensuring that Your Health Information may properly be disclosed for the purposes set forth in section 4.1, subject only to the restrictions of the Privacy Rule. In particular, you will:
4.3.1 not make available through the System any information subject to any restriction on use or disclosure (whether arising from your agreement with the individual or under law), other than the general restrictions contained in the Privacy Rule;
4.3.2 obtain any necessary consents, authorizations or releases from individuals required for making their health information available through the System for the purpose set forth in section 4.1;
4.3.3 include such statements (if any) in your notice of privacy practices as may be required in connection with your use of the System;
4.3.4 not place in the System any information that the you know or have reason to believe is false or materially inaccurate.
5. De-Identified Information. In consideration of our provision of the Services, you hereby transfer and assign to us all right, title and interest in and to all De-Indentified Information that we make from Your Health Information pursuant to Section 4.1.4. You agree that we may use, disclose, market, license and sell such De-Identified Information for any purpose without restriction, and that you have no interest in such information, or in the proceeds of any sale, license, or other commercialization thereof. You acknowledge that the rights conferred by this section are the principal consideration for the provision of the Services, without which we would not enter into this Agreement.
6. Providing Dentist/Physician Data to Payers Without limiting the provisions of Section 5, you agree that we may provide De-Identified Information concerning your practice to any medical group, independent practice association of dentists, physicians, health plan or other organization with which you have a contract to provide medical services, or to whose members or enrollees you provide dental and/or medical services. Such information may identify you, but will not identify any individual to whom you provide services. Such information may include (without limitation) aggregate data concerning your patients, diagnoses, procedures, orders and the like.
7. Product and Service Notifications. We may place advertisements concerning the products and services of third parties on the System, so that you see them when you use the System. We may receive remuneration from the suppliers of these products and services for placing their advertisements. We may use computerized processes to tailor the advertisements to you or to your use of the system. However, except as expressly permitted by this Agreement or by our Policies and Procedures, we will not disclose to any third party any information that identifies you to enable the third party to market products or services to you directly.
8. Individuals’ Rights. You shall be solely responsible for affording individuals their rights with respect to Your Health Information, such as the rights of access and amendment. You will not undertake to afford an individual any rights with respect to any information in the System other than Your Health Information.
9. Business Associate Provisions. In maintain, using and affording access to Your Health Information in accordance with this Agreement, we will:
9.1 Not use or further disclose the information except as permitted or required by this Agreement or as required by law;
9.2 Use appropriate safeguards to prevent use or disclosure of the information other than as provided for by this Agreement, including administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the information;
9.3 Report to you any use or disclosure of the information not provided for by this Agreement of which we become aware, or any security incident as a result of which we determines that unauthorized access has been obtained to Your Health Information;
9.4 Ensure that any of our agents or subcontractors to whom we provide Your Health Information for purposes of assisting us in providing the System or the Services, agrees to the same restrictions and conditions that apply to us with respect to such information, including the obligation to implement reasonable and appropriate safeguards to protect it (it being understood that other Users of the System are not our agents or subcontractors);
9.5 Make available protected health information in accordance with 164.524 of the Privacy Rule;
9.6 Make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 164.526 of the Privacy Rule;
9.7 Make available the information required to provide an accounting of disclosures in accordance with 164.528 of the Privacy Rule;
9.8 Make our internal practices, books, and records relating to the use and disclosure of protected health information received from, or created or received by us on your behalf available to the Secretary of the United States Department of Health and Human Services for purposes of determining your compliance with the Privacy Rule; and
9.9 At termination of this Agreement, if feasible, return or destroy all protected health information received from, or created or received by us on your behalf that we still maintain in any form, and retain no copies of such information; or, if such return or destruction is not feasible, extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. You acknowledge that it will likely be infeasible to segregate Your Health Information for removal from the System. However, we will provide you with an electronic copy of Your Health Information in the format in which it is produced by our standard procedures for copying or archiving such information. You acknowledge that you may have to purchase proprietary software in order to access such information.
10. Computer Systems.
10.1 Your Systems. You will acquire, install, configure and maintain all hardware, software and communications systems necessary to access the System (your “Implementation”). Your Implementation will comply with the specifications from time to time established by us. You will ensure that your Implementation is compatible with the System and Services. If we notify you that your Implementation is incompatible with the System, you will eliminate the incompatibility, and we may suspend Services to you until you do so.
10.2 Assistance. Upon request, we may provide goods or services in connection with your Implementation. You will pay our then standard charges for such assistance, and our out-of-pocket costs.
12. Fees and Charges.
12.1 Service Fees. You will pay to us our standard service fee (the “Service Fee”) for the services to which you have access during the Term of this Agreement. You also agree to pay, at our then current rates, for all goods or services that you request from us and that are not included in our standard services (“Miscellaneous Charges”). We will notify you of the Service Fee when you are granted access to a service, and we will notify you of the applicable Miscellaneous Charges before performing services to which a Miscellaneous Charge will apply. The Service Fee and Miscellaneous Charges may change from time to time. Current fees and charges may be obtained by calling 212-758-1000.
12.2 Payment. The Service Fee and any Miscellaneous Charges shall be paid within twenty (20) days of date of invoice at the address set forth under our name below, or such other address as may be set forth in our Policies and Procedures.
12.3 Late Charges. Fees not paid within ten (10) business days of the due date are subject to a late charge of five percent (5%) of the amount owing and interest thereafter at the rate of one and one-half percent (1 & 1/2%) per month on the outstanding balance, or the highest amount permitted by law, whichever is higher. Failure to pay fees within ten (10) days of the due date may result in termination of access to the System without notice. A reconnection fee equal to one (1) month’s Service Fee shall be assessed to re-establish connection after termination due to non-payment.
12.4 Taxes. All charges and fees shall be exclusive of all federal, state, municipal, or other government excise, sales, use, occupational, or like taxes now in force or enacted in the future, and you agree to pay any tax (excluding taxes on our net income) that we may be required to collect or pay now or at any time in the future and that are imposed upon the sale or delivery of items and services purchased under this Agreement.
12.5 Other Charges. You are responsible for any charges you incur to use the System, such as telephone and equipment charges, and fees charged by third-party vendors of products and services.
13. Confidential Information.
13.1 You may not disclose our Confidential Information to any other person, and you may not use any Confidential Information except for the purpose of this Agreement. Except as otherwise provided in this Agreement, you may not, without our prior written consent, at any time, during or after the Term of this Agreement, directly or indirectly, divulge or disclose Confidential Information for any purpose or use Confidential Information for its own benefit or for the purposes or benefit of any other person. You agree hold all Confidential Information in strict confidence and to take all measures necessary to prevent unauthorized copying, use, or disclosure of Confidential Information, and to keep the Confidential Information from falling into the public domain or into the possession of persons not bound to maintain its confidentiality. You will disclose Confidential Information only to members of your Workforce who have a need to use it for the purposes of this Agreement. You will inform all such recipients of the confidential nature of Confidential Information and will instruct them to deal with Confidential Information in accordance with the terms of this Agreement. You will promptly advise us in writing of any improper disclosure, misappropriation, or misuse of the Confidential Information by any person, which may come to your attention.
13.2 You agree that we will suffer irreparable harm if you fail to comply with its obligations set forth in this Section 13, and you further agree that monetary damages will be inadequate to compensate us for any such breach. Accordingly, you agree that we will, in addition to any other remedies available to us at law or in equity, be entitled to the issuance of injunctive relief to enforce the provisions hereof, immediately and without the necessity of posting a bond.
13.3 This Section 13 will survive the termination or expiration of this Agreement for any reason.
14. Disclaimer, Exclusion of Warranties, and Limitation of Liability.
14.1 Carrier Lines. YOU ACKNOWLEDGE THAT ACCESS TO THE SYSTEM WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATIONS LINES, AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY, “CARRIER LINES”) OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE BEYOND OUR CONTROL. WE ASSUME NO LIABILITY FOR OR RELATING TO THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT YOUR RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.
14.2 No Warranties. ACCESS TO THE SYSTEM AND THE INFORMATION CONTAINED ON THE SYSTEM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SYSTEM OR THE INFORMATION IN THE SYSTEM, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. WE DISCLAIM ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE SYSTEM.
14.3 Conditions for Breach. We will not be deemed to be in violation of this Agreement unless you have first have given us written notice specifying the nature of the default, and we have failed within thirty (30) days of receipt of the notice either to cure the default or, if cure within such period is not practicable, to be diligently proceeding to cure the default.
14.4 Other Users. YOU ACKNOWLEDGE THAT OTHER USERS HAVE ACCESS TO THE SYSTEM AND ARE RECEIVING OUR SERVICES. SUCH OTHER USERS HAVE COMMITTED TO COMPLY WITH OUR POLICIES AND PROCEDURES CONCERNING USE OF THE SYSTEM; HOWEVER, THE ACTIONS OF SUCH OTHER USERS ARE BEYOND OUR CONTROL. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY FOR OR RELATING TO ANY IMPAIRMENT OF THE PRIVACY, SECURITY, CONFIDENTIALITY, INTEGRITY, AVAILABILITY, OR RESTRICTED USE OF ANY INFORMATION ON THE SYSTEM RESULTING FROM ANY USER’S ACTIONS OR FAILURES TO ACT.
14.5 Unauthorized Access; Lost or Corrupt Data. WE ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR DATA, FACILITIES OR EQUIPMENT BY INDIVIDUALS OR ENTITIES USING THE SYSTEM OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT, CORRUPTION, LOSS OR DESTRUCTION OF YOUR DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH THE SYSTEM, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER MEANS. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL OUTPUT AND REPORTS, AND FOR PROTECTING YOUR DATA AND PROGRAMS FROM LOSS BY IMPLEMENTING APPROPRIATE SECURITY MEASURES, INCLUDING ROUTINE BACKUP PROCEDURES. YOU HEREBY WAIVE ANY DAMAGES OCCASIONED BY LOST OR CORRUPT DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, SECURITY VIOLATIONS, OR THE USE OF THIRD-PARTY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED THROUGH OUR PROVISION OF THE SERVICES.
14.6 Limitation of Liability. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM.
15. Insurance. You will obtain and maintain such policies of general liability, errors and omissions, and professional liability insurance with reputable insurance companies as is usually carried by persons engaged in your business covering the Term of this Agreement.
16. Term; Modification; Suspension; Termination.
16.1 Term. The initial term of this Agreement shall commence on the Effective Date and continue for a period of one (1) year, and thereafter until terminated as provided in this Section.
16.2 Termination upon Notice. We or you may terminate this Agreement at any time without cause upon thirty (30) days prior written notice to the other Party.
16.3 Modification. We may change the Services and the terms under which they are provided to you (including terms set forth in this Agreement) by providing you not less than thirty (30) days’ notice of a change affecting financial terms, or fifteen (15) days’ notice of any other change. Upon receipt of such a notice, you may terminate this Agreement by giving written notice to us on or before the effective date of the change. You agree that your failure to give notice of termination prior to the effective date of the change constitutes acceptance of the change, which shall thereupon become part of this Agreement.
16.4 Termination, Suspension or Amendment as a Result of Government Regulation. Notwithstanding anything to the contrary in this Agreement, we have the right, on notice to you, immediately to terminate, suspend, or amend this Agreement, without liability: (a) to comply with any order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of law, any standard of participation in any reimbursement program, or any accreditation standard; or (c) if performance of any term of this Agreement by either Party would cause it to be in violation of law, or would jeopardize its tax-exempt status.
16.5 Judicial or Administrative Procedures. We may terminate this Agreement immediately upon notice to you if: (a) you are named as a defendant in a criminal proceeding for a violation of federal or state law; (b) a finding or stipulation that you have violated any standard or requirement of federal or state law relating to the privacy or security of health information is made in any administrative or civil proceeding; or (c) you are excluded from participation in a federal or state health care program.
16.6 Suspension of Access. We may suspend access to the System or the Services by you or any member of your Workforce immediately pending your cure of any breach of this Agreement, or in the event we determine in our sole discretion that access to or use of the System by you or the member of your Workforce may jeopardize the System or the confidentiality, privacy, security, integrity or availability of information within the System, or that you or the member of your Workforce has violated or may violate this Agreement or our Policies and Procedures, or has jeopardized or may jeopardize the rights of any third party, or that any person is or may be making unauthorized use of the System with any User ID assigned to you or a member of your Workforce. We may terminate the access of any member of your Authorized Workforce upon termination or change in status of his or employment with you. Our election to suspend the Services shall not waive or affect our rights to terminate this Agreement as permitted under this Agreement.
16.7 Obligations After Termination. Upon termination of this Agreement, you will cease to use the System and we may terminate your access to the System. You will pay to us the Access Fee for the balance of the Term upon termination. Upon termination for any reason, you will remove all software provided under this Agreement from your computer systems, you will cease to have access to the System, and you will return to us all hardware, software and documentation provided by or on behalf of us.
17. Applicable Law. The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of the State of New York. If any action or other proceeding is brought on or in connection with this Agreement, the venue of such action shall be exclusively in the City and County of New York, New York.
18. ARBITRATION. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS NOTICE OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, OR TO YOUR USE OF THIS SITE OR THE SYSTEMS OR INFORMATION TO WHICH IT GIVES ACCESS, SHALL BE DETERMINED BY ARBITRATION IN New York, New York, BEFORE A SINGLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.
19. Non-Assignability. This Agreement may not be assigned or transferred by you without our prior written consent.
20. Supervening Circumstances. No Party to this Agreement shall be deemed in violation of this Agreement if it is prevented from performing any of the obligations under this Agreement by reason of: (a) severe weather and storms; (b) earthquakes or other natural occurrences; (c) strikes or other labor unrest; (d) power failures; (e) nuclear or other civil or military emergencies; (f) acts of legislative, judicial, executive, or administrative authorities; or (g) any other circumstances that are not within its reasonable control.
21. Severability. Any provision of this Agreement that shall prove to be invalid, void, or illegal, shall in no way affect, impair, or invalidate any other provision of this Agreement, and such other provisions shall remain in full force and effect.
22. Notices. Any and all notices required or permitted under this Agreement shall be sent by United States mail or fax transmission to the address provided below or to such other and different addresses as the Parties may designate in writing. If you supply us with an electronic mail address, we may give notice by email message addressed to such address; provided that if we receive notice that the email message was not delivered, we will give the notice by United States mail or fax.
425 Madison Ave – Suite 500
New York, NY 10017
Attention: Customer Support
To you, at the address provided to us when you registered as a user of the System.
23. Waiver. No term of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
24. Complete Understanding. This Agreement contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of this Agreement other than those contained or referenced in this Agreement. Except as otherwise provided in this Agreement (including Section 16.3), all modifications or amendments to this Agreement shall be in writing and signed by all Parties.
25. No Third-Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall confer, upon any person or entity other than the parties and their respective successors or assigns any rights, remedies, obligations, or liabilities whatsoever.
26. Advice of Counsel. Each Party acknowledges: (a) having fully read this Agreement in its entirety; (b) having had full opportunity to study and review this Agreement; (c) having been advised that counsel for us has acted solely on our behalf in connection with the negotiation, preparation, and execution of this Agreement; (d) having been advised that all parties have the right to consult and should consult independent counsel respecting their rights and duties under this Agreement; and (e) having had access to all such information as has been requested.
27. Authority. The individuals entering into this Agreement represent and warrant that they are competent and capable of entering into a binding contract, and that they are authorized to enter into this Agreement on behalf of the Parties.
1dentist, LLC addresses the complexities and critical needs of todays healthcare environment by providing a web-based Electronic Health Record (EHR) application to dentists and their authorized mid-level practitioners.
1dentist, LLC is dedicated to protecting the privacy of the users of any of our products or services and of the individuals whose health information is stored or transmitted by our system.
On Demand Services
Users Personal Information
We understand the importance of protecting you from the unauthorized use of information you provide in the course of doing business with us. Except as disclosed in this policy or our User Agreement, we will not give away, sell or otherwise disclose any information that personally identifies you. We may, however, obtain, use and disclose personal information about you for the purpose of verifying your identity and practice credentials, and we may provide personal information to payers with which you contract to provide health care services. We may also disclose personal information about you if we are compelled to do so by law or by valid legal process. We may disclose personal information if we have your express permission to do so, or the disclosure is to our service providers to assist us in providing our services, or for user verification purposes.
We also use IP addresses to analyze trends, administer the site and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
We have the right to remove personal identifiers from your personal information, so that it cannot reasonably be used to identify you. In the User Agreement, you transfer and assign to us all right, title and interest in and to all such de-identified personal information, and you agree that we may use, disclose, market, license and sell such de-Identified personal information for any purpose without restriction, and that you have no interest in such de-identified personal information, or in the proceeds of any sale, license, or other commercialization thereof.
Protected Health Information
Our User Agreement sets forth our obligations as our users' business associate under the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 and its privacy and security regulations (HIPAA), and under the privacy and security provisions of the Technology for Economic and Clinical Health Act of 2009 (the HITECH Act). We will comply with the business associate provisions of our User Agreement. We will also comply with provisions of the HIPAA Security Rule that apply to business associates under the HITECH Act, and the privacy and security provisions of the HITECH Act that are applicable to business associates.
Permitted Uses of Protected Health Information
The User Agreement sets forth the ways in which we may use or disclose protected health information we receive from you, or create or receive on your behalf. Among other permitted uses, we may:
Allow access to your health information to you and your workforce for whatever purpose you require it.
Allow access to your health information by other health care providers and their business associates for treatment. This includes disclosing health information for related applications that you select, such as clinical laboratory reporting, billing and e-prescribing, as well as to other health care providers to whom you agree to give access to your protected health information for treatment. You agree to be bound by the terms of any licensing and other agreements relating to such third-party products and services.
Allow access to health information to your patients through our Patient portal. You control which of your patients have access to their health records, and what kind of information they can see.
De-identify your health information. In the User Agreement, you transfer and assign to us all right, title and interest in and to all de-identified information that we make from your health information, and you agree that we may use, disclose, market, license and sell such de-Identified information for any purpose without restriction, and that you have no interest in such de-identified information, or in the proceeds of any sale, license, or other commercialization thereof. We will, however, maintain the confidentiality and security of the original health information as required by the User Agreement.
Create limited data sets from your health information, and disclose them for any purpose for which you may disclose a limited data set. In the User Agreement you authorize us to enter into data use agreements on your behalf for the use of limited data sets, in accordance with applicable state and federal law and regulation.
Aggregate your health information with that of other users, and share aggregated information in accordance with applicable state and federal law.
Use your health information for the proper management and administration of our business, and to carry out our legal responsibilities. We may also disclose your health information for these purposes if the disclosure is required by law, or we obtain reasonable assurances from the recipient that the information will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the recipient, and the recipient notifies us of any instances of which the User is aware in which the confidentiality of the information has been breached. For example, we may permit access to the system by our contracted system developers under appropriate confidentiality agreements.
We reserve the right to make any other uses of your health information that are permitted to a Business Associate, as described from time to time in our policies and procedures. However, except as permitted by the Privacy Rule, we will not use or disclose your health information in any manner that would violate the Privacy Rule if done by you or your business associate.
You agree that you will use other persons' information available on or through this site (whether or not protected health information) strictly in accordance with applicable laws and regulations, and you will ensure that others under your control who have access to such information also comply with applicable laws and regulations. You are solely responsible for obtaining and maintaining all patient consents and authorizations necessary for your use of the site and the systems to which it provides access.
To access your account, you must provide the identifier we provided you. With this information, we can verify your identity and permit you to view data in our system. We log and audit system use in order to ensure that users are using the system appropriately. If we have questions about your use of the system, we may contact you. We may also disclose your identity to others to assist in the investigation of suspected misuse of our systems, and otherwise to ensure the proper operation of our systems.
Surveys, questionnaires, and polls
1dentist, LLC may ask you to participate in use surveys, questionnaires, or polls, to facilitate feedback and input from our users. When you respond to surveys, questionnaires or polls related to our site, this information is collected only as anonymous, aggregated information and is used for statistical purposes.
Each time you visit one of the Sites, 1dentist, LLC collects the limited information that your browser makes available whenever you visit any website. Additionally, 1dentist, LLC may place internet "cookies" on the computer hard drives of visitors to this website. Information we obtain from cookies helps us to tailor our site to be more helpful and efficient for our visitors. The cookie consists of a unique identifier that does not contain information about you or your health history. We use two types of cookies, "session" cookies and "persistent" cookies.
A session cookie is temporary, and expires after you end a session and close your web browser. We use session cookies to help customize your experience on our site, and maintain your signed-on status as you navigate through the features.
Persistent cookies remain on your hard drive after you've exited from our site, until you erase them or they expire. Persistent cookies will not contain any personal information about you.
Marketing Products and Services
We may place advertisements concerning the products and services of third parties on the interface to our services, so that you see them when you use the services. We may receive remuneration from the suppliers of these products and services for placing their advertisements. We may use computerized processes to tailor the advertisements to you or to your use of the system. However, except as described above, we will not use or disclose to any third party any information that identifies you to enable the third party to market products or services to you directly.
Portions of this site require a valid user name, e-mail address, code or password (or a combination of the foregoing) to access and use services or materials on the site. You are solely responsible for (1) maintaining the strict confidentiality of any user name, e-mail address, code or password (collectively, "User IDs") assigned to you, (2) not allowing another person to use your User IDs to access the site, (3) any damages or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your User IDs, and (4) promptly informing 1dentist, LLC in writing of any need to deactivate a User ID due to potential or actual security breaches. 1dentist, LLC is not liable for any harm related to the theft of your IDs, your disclosure of your User IDs, or your authorization to allow another person or entity to access and use the site using your User IDs. You agree to immediately notify 1dentist, LLC in writing of any unauthorized use of any of your User IDs.
We may offer forums for the exchange of information among our users. You agree to assume all responsibility for your use of such forums. In particular, you understand that we do not assure the accuracy, reliability, confidentiality or security of information made available through the use of our forums. You agree not to disclose individually identifiable health information through our forums.
We may provide information to assist you in clinical decision-making. This may include information and reminders concerning drug interactions, allergies, dosages, as well as general health-care related information and resources. We may also provide forums for our users to exchange information. The information and materials available through this site are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. Information may be placed on this site by 1dentist, LLC and by third parties beyond the control of 1dentist, LLC. 1dentist, LLC is not responsible for the accuracy or completeness of information available from or through this site. You are not permitted to use this site to advise, diagnose, or otherwise treat users of this site. You assume full risk and responsibility for the use of information you obtain from or through this site, and you agree that 1dentist, LLC, Inc. is not responsible or liable for any claim, loss, or liability arising from the use of the information. 1dentist, LLC does not recommend or endorse any provider of health care or health-related products, items or services, and the appearance of materials on this site relating to any such products, items or services is not an endorsement or recommendation of them.
You may provide content or material to this site by participating in forums, discussion groups and the like, or by using the site to create custom templates and the like. You agree that any information, material or work product you provide to this site, other than protected health information that identifies a patient or personal information that identifies you, is the exclusive property of 1dentist, LLC, Inc., and by submitting such content or material you assign to 1dentist, LLC, Inc., all intellectual property rights in such content or material. Furthermore, you agree that 1dentist, LLC may use, disclose, market, license and sell such material or content, and that you have no interest in the information, or in the proceeds of any sale, license, or other commercialization thereof. You warrant and agree that any material you provide will not infringe on the intellectual property or other rights of others, and will not be otherwise unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or in violation of any law. You should bear in mind that any information you post in a forum or discussion group is available to the public, and may result in your receiving communications from others outside this site. You are responsible for safeguarding the privacy of your and your patients' personal information when you participate in forums, discussion groups and the like.
Links to Other Materials
This site provides links to sites operated by third parties. 1dentist, LLC, Inc. has no control over the content of such linked sites, and is not responsible for it, or for the effect of your accessing a site through a link on our site. You should assume that any information that does not bear the 1dentist, LLC logo is operated by a third party, and you should read the site's privacy notice before using it.
Any claim relating to the use of this site or the systems or information to which it gives access shall be governed by the internal substantive laws of the State of New York.
Questions, complaints, and contacts
If you have any questions about this Privacy Statement, our policies and practice, your rights under this statement, and your dealings with the 1dentist, LLC, send an email to smile (at) 1dentist (dot) com, or by U.S. mail at the address below:
425 Madison Avenue – Suite 500
New York, NY 10017
1dentist, LLC dental website USER AGREEMENT
The following Terms and Conditions of Use apply to all Web Sites owned, operated, or controlled by DR. JEFFREY DORFMAN, JEFFREY DORFMAN, DMD, PC, and 1DENTIST, LLC, collectively referred to as "1DENTIST." BEFORE USING THIS WEB SITE OR ANY OTHER 1DENTIST WEB SITE, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY!
By using NYCdentist.com, 1dentist.com or any other Web Site owned, operated, licensed, or controlled by 1DENTIST, users represent that they have read, understood and agree to be legally bound by the terms and conditions of use herein contained. Users also represent that they are at least 18 years of age and if younger, then users represent that they are old enough or are otherwise legally enabled by the laws of the jurisdiction in which the user views any 1DENTIST Web Site, to be contractually bound by these terms and conditions of use.
RIGHT TO REVISE WEB SITE
1DENTIST may revise or otherwise make any changes it deems necessary to any part of this Web Site or any other 1DENTIST Web Site at anytime, without notice and without liability to users of any 1DENTIST Web Site. 1DENTIST also reserves the right to discontinue, restrict or otherwise terminate access to any 1DENTIST Web Site at anytime, either temporarily or permanently, without notice and without liability to users of any 1DENTIST Web Site.
SUITABILITY OF ADVICE
All of the information contained or made available through this Web Site is provided as an informational service to the Internet community. It does not constitute medical/dental or any other professional advice and is, at best, only intended to give the user a general understanding. 1DENTIST attempts to provide quality information but makes no claims, promises, guarantees or warranties about the accuracy, completeness, timeliness or adequacy of the information contained in or on the 1DENTIST Web Site or Web Sites linked thereto through hyperlinks or connected by "framing" or "in lining" (hereinafter "linked Web Site(s)"). Users of information contained within the 1DENTIST Web Site or any linked Web Sites, do so at their own risk. The transmission of information within or from any 1DENTIST Web Site is not intended to create, nor does it create, a relationship between the user and 1DENTIST. As such advice must be specific to the circumstances and venue/jurisdiction of each condition and practice is always subject to change, none of the information provided on the 1DENTIST Web Site or linked Web Sites should be relied upon by the user as a substitute for either the advice of, or personal consultation with, a competent professional. 1DENTIST shall not be liable to any user or anyone else in respect of any decision or action taken by a user in relying upon the 1DENTIST Web Site or linked Web Site or the material and content contained therein.
DISCLAIMER & LIMITATION OF LIABILITY
All information, products, materials, and services contained on this web site, or provided through this web site, including all text, graphics, links, animation, java script, and cookies are provided on an "as is" basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or freedom from intellectual property infringement. Nor does 1DENTIST warrant that the material and content contained in or made available through its web site or linked web site is accurate, complete, or timely. Users of this web site or any linked web site or any material or content, advertisement or promotion, contained therein, agree to assume any and all risks in doing so. 1DENTIST does not warrant that any of its web sites or linked web sites will be free of viruses, defects or other harmful components.
All users of the 1DENTIST Web Site or linked Web Site agree to hold 1DENTIST harmless and that they shall have no claim against 1DENTIST, for any damages allegedly arising from or in connection with the use or access of the 1DENTIST Web Site or linked Web Site, including but not limited to any special, consequential, incidental, punitive, indirect or any other damages. Such damages include but are not limited to damages resulting from loss of use, loss of information, business interruption and/or loss of profits, resulting from the use or accessing of or the inability to use or access the 1DENTIST Web Site or linked Web Sites or the material or content contained therein, or from the purchase of or inability to purchase, any of the products or services appearing on or offered through the 1DENTIST Web Site or appearing on or offered through any linked Web Site, however caused and whether or not 1DENTIST has been advised of the possibility of such damages. In no event shall 1DENTIST have any liability to the user of any of 1DENTIST's Web Sites or linked Web Sites or any other party, for any damages, losses or causes of action, for any reason or under any circumstance, for using or accessing the 1DENTIST Web Site or any linked Web Sites.
1DENTIST makes no representations or warranties with respect to any treatment, action, or application of medication or preparation, or any other professional or other service, by any person following the information offered or provided within or through this web site or by any dentist, physician or any other professional, individual and/or entity located through this web site. 1DENTIST does not represent or warrant that the information, materials, and services provided on this web site are accurate, reliable, complete, or current.
1DENTIST does not recommend or endorse any specific tests, products, procedures, opinions, dentists, doctors, clinics, other professionals or any other individual or entity, or any other information that may be mentioned or referenced on this Web Site. Rather, the 1DENTIST Web Site serves only as a listing service in this regard. 1DENTIST does not expressly endorse any dentist, doctor, professional or any other individual or entity found through the 1DENTIST Web Site.
SOLICITATION OF USERS
By accessing the 1DENTIST Web Site, visitors agree and pledge that such access and use is for the sole purpose of obtaining limited, general and unqualified information on dentistry, medicine or any other products or services, or evaluating the 1DENTIST Web Site. Visitors further agree that they will not use any information contained on this Web Site, directly or indirectly, for the purposes of marketing or direct or indirect solicitation.
The contents of the 1DENTIST Web Site, such as text, graphics, images, and other material contained on the 1DENTIST Web Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional dental or medical advice, diagnosis, or treatment, or for any other type of professional or any other advice. Always seek the advice of your dentist, physician or other qualified health provider, or any other professional, individual and/or entity with any questions you may have regarding a medical condition or any other non-medical question. Never disregard professional medical or non-medical advice or delay in seeking it because of something you have read on the 1DENTIST Web Site.
USE OF CONTENT
1DENTIST authorizes you to view or download a single copy of the material on the 1DENTIST Web Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2001 - 2009, 1DENTIST.COM. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the 1DENTIST Web Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
All of the content of this Web site, including text, art, graphics, logos, button icons, images, pictures, audio clips, and software is the property of 1DENTIST or content providers and is protected by U.S. and international copyright laws. Except as granted in the limited license below, any other use of such content, including modification, transmission, presentation, distribution, or republication is prohibited without the express prior written consent of 1DENTIST.
Trademarks: All trademarks, trade names, logos, brand names, and service marks of 1DENTIST, whether registered or unregistered, are the property of 1DENTIST and are protected by U.S. and international trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without the express prior written consent of 1DENTIST. In no event may any such assets be used in connection with any product or service that is not 1DENTIST's, in any manner that is likely to cause confusion or in any manner that disparages or discredits 1DENTIST. All other trademarks, trade names, brand names, company names and/or logos appearing on this Web site are the property of their respective owners.
Limited License: 1DENTIST authorizes you to download the material on this Web site solely for your personal, non commercial use. If you violate any provision of these Terms of Service, your permission to use such material automatically terminates and you must immediately destroy any copies you have made of any portion of such material.
THIRD PARTY ADVERTISING
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please contact the Vendor directly.
You agree to defend, indemnify, and hold us, our employees, agents and licensees, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
DR. JEFFREY DORFMAN, JEFFREY DORFMAN, DMD, PC, and 1DENTIST, LLC, are based in New York, New York in the United States of America. 1DENTIST makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain person in certain countries. If you access the Content from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The terms and conditions of use shall be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of laws provisions. By using the 1DENTIST Web Site, users represent that they agree that any action arising out of or relating to these terms shall be filed in New York County, New York and users consent and submit to the personal jurisdiction of the courts therein. If any provision contained within these terms shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall in no way affect the validity and enforceability of any other provisions contained herein. All rights not expressly granted to the user in these terms and conditions of use remain exclusively with 1DENTIST and are hereby reserved to 1DENTIST. These terms and conditions of use represent the whole of the agreement between the user and 1DENTIST in connection with use of any 1DENTIST Web Site or linked Web Site or the material and content contained therein. No amendment, modification, change, or binding interpretation of this agreement shall be made by any person other than Dr. Jeffrey Dorfman and shall only be made in writing by Dr. Jeffrey Dorfman.
If you have any questions about this Statement, our policies and practice, your rights under this statement, and your dealings with the 1dentist, LLC, send an email to smile (at) 1dentist (dot) com, or by U.S. mail at the address below:
425 Madison Avenue – Suite 500
New York, NY 10017