Effective Date:  June 1, 2024

THESE PATIENT TERMS OF SERVICE (“TERMS OF SERVICE”) FORM A LEGAL AGREEMENT BETWEEN YOU (“SUBSCRIBER”, “PATIENT” OR “YOU”) AND DENTAL INTELLIGENCE, INC. (“DI” OR “WE”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCEPTING THEM AND SUBSCRIBING TO USE DI’S ONLINE PATIENT FACING TOOL (THE “SUBSCRIPTION SERVICE”) AND ITS ASSOCIATED SOFTWARE (THE “SOFTWARE”).  THESE TERMS SET FORTH YOUR LEGAL RIGHTS AND OBLIGATIONS RELATED TO YOUR USE OF AND ACCESS TO DI’S SUBSCRIPTION SERVICE.  WE MAY MODIFY THESE TERMS OF SERVICE AT ANY TIME IN OUR SOLE DISCRETION, INCLUDING THE MODIFICATION OF ANY APPLICABLE FEES, BY POSTING AMENDED TERMS TO THE WEBSITE, IN THE SUBSCRIPTION SERVICE, OR BY SENDING YOU AN EMAIL INFORMING YOU OUR TERMS OF SERVICE HAVE CHANGED.  YOUR CONTINUED USE OF THE SUBSCRIPTION SERVICES THEREAFTER SHALL CONSTITUTE YOUR ACCEPTANCE OF ALL REVISIONS, MODIFICATIONS AND AMENDMENTS TO THESE TERMS OF SERVICE.  YOU SHOULD PERIODICALLY REVIEW THESE TERMS OF SERVICE ON THIS WEBSITE.  BY CLICKING “I AGREE” OR BY USING THIS ONLINE SUBSCRIPTION SERVICE AND ITS SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS, INCLUDING ANY MODIFICATIONS OR AMENDMENTS, DO NOT CLICK ON THE “I AGREE” BUTTON AND DO NOT USE THIS SUBSCRIPTION SERVICE.  

In consideration of DI’s provision of the Subscription Service and related services to you, you agree with DI as follows:

1. Access and Use of the Subscription Service

These Terms of Service, which include and hereby incorporate DI’s Privacy Policy and any other documents they expressly incorporate by reference, govern your access to and use of the Subscription Service, including any content, functionality and services offered on or through www.dentalintel.com, www.localmed.com or www.modento.io (the “Website(s)”). As a Subscriber, you will have access to the Software and materials made available through the Subscription Service by DI.

This Subscription Service is offered and available only to users who are over 18 years of age or older, and reside in the United States or any of its territories. By using this Subscription Service, you represent and warrant that you are of legal age to form a binding contract with DI and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Subscription Service.

If you use the Subscription Service on behalf of any person under the age of 18 and provide such minor’s personal data to DI, you must be the parent or guardian of such minor, or have the required consent from the minor’s parent or guardian to provide the minor’s personal data to DI and authorize DI to process the personal data of such minor. We require the Customer to obtain the requisite consent from the parent or guardian of the minor. You hereby represent to DI that you are the parent or guardian of any child whose personal data will be input into the Subscription Service, or that you have their consent to do so.

In all other cases, if you are registering an account or using the Subscription Service on behalf of an individual or entity other than yourself, such as a spouse or an adult over age 18, you represent that (i) you are authorized by such individual or entity to accept these Terms of Service on such individual or entity's behalf; or (ii) in the case of a child over age 13 but still a minor, that you are the child’s parent or guardian or have the minor’s, parent’s or guardian’s consent to accept the Terms of Service on their behalf and provide the child’s personal information to the service. Registration for Services or use of the Subscription Service is void where prohibited by applicable law, and your right to access the Subscription Service is revoked in those jurisdictions.

2. About the Website

Everything offered on the Website or in a mobile application is referred to in these Terms of Service collectively as the “Services” or “Subscription Services”.  Some of what is in the Services is viewable without registering, but to actively participate or store your information, you may be required to register as a member and you must authorize the use and disclosure of your personal data and protected health information for purposes of allowing us to provide the Services.

You acknowledge, understand and agree that although some of the content, text, data, graphics, images, information, suggestions, and other materials (collectively, “Information”) that is provided to you in the Services (including information provided in direct response to your questions or postings) may be provided by individuals in the medical or dental profession; however, the provision of such Information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition.

3. No Medical Advice Is Provided

The Information that you obtain or receive from the Services, or DI employees, contractors, partners, sponsors, advertisers, licensors or otherwise is for informational and scheduling purposes only. All medically related information comes from independent health care professionals or organizations. If you access any Information via the Services, that Information is (i) provided by independent health care professionals and organizations, (ii) for informational purposes only, and (iii) does not establish any patient/doctor relationship.

THE INFORMATION PROVIDED THROUGH THE SERVICES AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED IN CONNECTION WITH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF INFORMATION YOU MAY HAVE READ, HEARD, OR SEEN VIA THE SERVICES. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. YOUR USE OF INFORMATION PROVIDED VIA THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED IN OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.  DI IS NOT A MEDICAL OR DENTAL PROFESSIONAL, IS NOT AFFILIATED WITH YOUR MEDICAL OR DENTAL PRACTICE OR ANY OTHER MEDICAL OR DENTAL PRACTICE, AND DOES NOT PROVIDE PROFESSIONAL MEDICAL OR DENTAL ADVICE.

We do not recommend or endorse any specific tests, doctors, dentists, health care providers, procedures, opinions, or other information that may appear In the Services. If you rely on any of the Information provided by or in the Services, you do so at your own risk.

4. No Doctor-Patient Relationship

NO MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM DI, INCLUDING, BUT NOT LIMITED TO, THE SCHEDULING OF AN APPOINTMENT WITH A PROVIDER AND/OR MEDICAL/HEALTHCARE RELATED MATERIALS AVAILABLE VIA THE SERVICES, LINKS TO OTHER SITES OR ANY INFORMATION OR ASSISTANCE PROVIDED ON OR THROUGH THE SERVICES TO HELP YOU SCHEDULE AN APPOINTMENT WITH A MEDICAL PROFESSIONAL OR SPECIALIST IN ANY FIELD.

DI MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OF ANY MEDICAL PROFESSIONAL OR SPECIALIST OR OTHER INFORMATION HEREIN. IN NO EVENT WILL DI BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION. DI WILL NOT BE LIABLE FOR THE ACTIONS OR INACTIONS OF ANY MEDICAL PROFESSIONAL OR SPECIALIST, WHETHER LISTED ON THIS SITE OR NOT.

DI strongly advises, and you agree that you will perform your own investigation prior to selecting a health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular health care professional, doctor, dentist or other health care provider (collectively, “Provider”) by confirming with the Provider's office, your current Provider, the medical association relative to the Provider's specialty and your state medical board.

DI has no control over, and cannot guarantee the availability of, any Provider at any time. DI will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Services whatsoever.

5. Important Information About Provider Relationships and Lists

In connection with using the Services to locate and schedule appointments with a Provider, you understand that:

• YOU ARE SOLELY RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER.

• DI only lists Providers who have paid a fee and signed a contractual agreement with DI. DI will provide you with lists of Providers who have stated that they are suitable to deliver the health care service that you are seeking based solely on information that you provide to DI and based on your user settings (such as insurance information, proximity to your geographical location, and specialty of the Provider). The lists may be based on other criteria (including, for example, Provider availability, past experiences, and past selections by and/or ratings of Providers by you or by other Services users). However, DI does not recommend or endorse any Provider, does not make any representations or warranties  whatsoever with respect to these Providers, their credentials, licenses, or experience, accuracy of their information provided, or the quality of the healthcare services they may provide. DI does not receive any additional fees from Provider for featuring them through the Services.  DI DOES NOT investigate any Provider to determine whether they hold active medical licenses or certifications necessary to practice any specialty or services. Additionally, while DI may receive information regarding any Provider's medical license or certification status or information regarding inappropriate or unprofessional conduct, DI does not have any obligation to investigate any such information received and does not have any obligation to disclose such information to you or to others, or to update any listings based on any such information.  If you elect to enter information into a medical history form (“Medical History Form”) on behalf of yourself or a third party from whom you have received authorization to provide such information to us, on your request you authorize DI to provide such information to the Provider you specify. You also acknowledge and agree that such information will be reviewed and approved by you (or someone you authorized on your behalf) at the time of your appointment with your Provider to ensure its accuracy. Further, you acknowledge that DI may use the data or information you provide on a Medical History Form in accordance with these Terms of Service in connection with our provision of the Services.

6. Editorial Control

DI may, but has no obligation to, review Information posted in or made available to you in connection with the Services. Neither DI (including its employees, agents, contractors, and vendors)(“DI Parties”), nor any third party creator, provider, or publisher of Information makes any assurances, representations, warranties or guarantees to you that the Information available to you in connection with the Services will be accurate or complete. Furthermore, the DI Parties or any other party described in this Section 6 is responsible for any errors or omissions or for the results obtained from the use of any Information.

The Services include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by DI, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of DI. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

DI strongly encourages you to and you agree to independently confirm the Information with other sources and to seek the advice of a qualified Provider.

INFORMATION ON PROVIDERS: Provider and practice information available via the Services is intended for general reference purposes only. This information is self-reported by the Provider and/or the Provider's staff, and is not confirmed by DI. This information often changes frequently and may become out of date or inaccurate. You must independently verify any information to ensure it is accurate and up to date.

PROCEDURE/PRODUCT INFORMATION AND SERVICES: The procedures, products, services and devices discussed and/or advertised in the Services are not endorsed, or vetted by DI, and are not applicable to or appropriate for all individuals, patients, or all clinical situations. DI makes no claims as to the effectiveness of any such procedures, products, services or devices. Any products and/or services represented on or through the Services by advertisers, sponsors, other users, either paid or unpaid, or by Providers or other third party sources are included for your awareness only, and do not imply that they are appropriate for any particular individual and do not constitute our prediction of effectiveness, outcome or success.

7. Personal Information and Privacy

To provide the Services to you and to our customers as intended, DI collects and processes personal data. Please refer to DI’s Privacy Policy found at https://www.dentalintel.com/privacy-policy, which is incorporated into these Terms of Service and made a part hereof, and informs users of our policies and practices related to collection, storage, processing, destruction, and other use of your personal data. You understand and agree that no data transmissions over the internet can be guaranteed to be 100% secure and that DI cannot ensure or warrant the security of any information transmitted to us.

If you choose, or you are provided with, a username, password or any other piece of information as part of DI's security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree to immediately notify DI of any unauthorized use of your username or password or any other breach of security. You also agree to ensure that you exit fully from the Services and from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or unsecured Wi-Fi so that others are not able to view or record your password or other personal information.

DI has the right to disable any link, user identification code, or password, whether chosen by you or provided by DI, at any time, in DI's sole discretion for any or no reason, including, if in DI's opinion, you have failed to comply with any provision of these Terms of Service or if we believe your account has been compromised.

The Services track metadata and other usage data related to your and other users’ use of the Services (“Usage Data”) and shares such data with DI. DI shall own such Usage Data, excluding any of your personal data incorporated therein. You agree that DI has the perpetual, irrevocable, royalty free, fully paid up, sublicensable, worldwide license to collect, process, store, reproduce, modify, publicly perform or display, disclose, make derivative works of, adapt, aggregate, use, distribute and sell such Usage Data for any lawful purpose, including without limitation for the purposes of providing and improving the Services and DI’s services generally. To the extent such Usage Data contains any individually identifiable data or personal data, DI shall not sell or otherwise provide such Usage Data to any third party unless such data been anonymized (e.g., no name or address attached to the particular data) and aggregated with other users’ data, so that it is not identifiable as to any particular person. Notwithstanding the foregoing, DI may share Usage Data in its original form as necessary or appropriate to provide Services to you or to comply with its legal obligations.

8. Your Responsibilities:

You will be solely responsible for the payment of any fees required by any Provider with whom you schedule an appointment or otherwise receive services, including, but not limited to, fees for a missed appointment.

You are solely responsible for all use of the Services by you, including any use of the Services with your username and password by others.

You are responsible for:

• Making all arrangements necessary for you to have access to the Services.

• Ensuring that all persons who access the Services through your access credentials or on your behalf are aware of these Terms of Service and comply with them.

• To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete.

9. Modifying or Terminating Subscription Service and Account Security

We reserve the right to suspend, terminate, or modify the Services, and any service or material we make available via the Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of or all of the Services to users, including registered users.

10. Intellectual Property Rights

The Services, and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by DI, its licensors or other providers of such material and are protected by applicable United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.

• If DI provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any applicable end user license agreement for such applications.

• If we provide social media features with certain content, you make take such actions as are enabled by those features.

You must not:

• Modify copies of any materials from this site.

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services.

• Access or use for any commercial purposes any part of the Services or any services or materials available through them.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any of their content is transferred to you. All rights not expressly granted are reserved by DI. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

11. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in Section 14 of these Terms of Service.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

• To impersonate or attempt to impersonate DI, a DI employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm DI or users of the Services or expose us or them to liability.

Additionally, you agree not to:

• Copy (except as otherwise expressly permitted herein), modify, adapt, translate, or reverse engineer the Services, its content, Information, or materials;

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services;

• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;

• Use any device, software or routine that interferes with the proper working of the Services;

• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, or any server, computer or database connected to the Services;

• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack;

• Misuse the Services by scheduling an appointment with a Provider which you have no intention of keeping;

• Create user accounts by automated means or under false or fraudulent pretenses;

• Collect or store personal data about other users except as expressly permitted herein; or

• Otherwise attempt to interfere with the proper working of the Services.

DI will determine, in its sole discretion, whether you have engaged in prohibited conduct or have violated these Terms of Service. DI's determination will be final and unreviewable, and you waive any and all rights you may have to challenge or appeal that decision.

In addition to DI's rights in these Terms of Service or under applicable law, DI may, but is not obligated to, take any legal action and implement any technical or organizational measures or remedies to prevent the violation of this provision and to enforce these Terms of Service.

12. User Feedback, Comments, and/or Contributions

The Services may contain user review and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”). “User Contributions” do not include any individual’s personal data, personal health information or financial information.

All User Contributions must comply with the Content Standards set out in Section 14 of these Terms of Service. Further, you must act responsibly when providing User Contributions. Do not post any information that another user, Provider, or any other individual or entity may use to identify you.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates, customers,  and service providers, and each of their and our respective licensees, successors and assigns, an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, process, store, reproduce, modify, publicly perform, publicly display, distribute and otherwise disclose to third parties any such material for any purpose and to make adapt, edit, translate, prepare derivative works of, or incorporate into other works, your User Contribution. This license is non-exclusive, except you agree that DI will have the exclusive right to practice this license to the extent of combining your User Contribution with the User Contributions of other Services users for any reason.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to DI and our affiliates, customers, and service providers, and each of their and our respective licensees, successors and assigns.

• All of your User Contributions do and will comply with these Terms of Service.

• You understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute or User Contributions submitted using your account, and you, not DI, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

13. Monitoring and Enforcement; Termination

We have the right, but not the obligation, to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of other users or the public, or could create liability for DI.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

• Terminate or suspend your access to all or part of the Services, without notice, for any or no reason, including without limitation, any violation of these Terms of Service.

• Terminate and/or suspend your registration, without notice, for any or no reason, including without limitation, any violation of these Terms of Service.  We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

DI will not be liable to you or any third party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after any such termination.

We cannot and do not undertake to review any or all Information, User Contributions or information, communications, content or material before it is posted to the Services. While we will use reasonable efforts to respond in a timely manner regarding complaints about objectionable matter posted on the Services, we cannot guarantee the timing of or the removal of such Information, User Contributions or information, communications, content or material. Accordingly, we assume no liability for any action or inaction by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section, except for our gross negligence or willful misconduct.

14. Content Standards

These content standards apply to any and all User Contributions and use of our Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is inaccurate, outdated, false, misleading, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote or assist any unlawful act.

• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

• Give the impression that they are affiliated or associated with, emanate from or are endorsed by us or any other person or entity, if this is not the case.

15. Copyright Infringement

If you believe that any User Contributions violate your copyright, please see Section 28 regarding Copyright Disputes for instructions on sending us a notice of copyright infringement. It is the policy of DI to terminate the user accounts of repeat infringers.

16. Additional Terms and Conditions

Additional terms and conditions may also apply to specific portions, services or features of the Services. Those additional terms will govern your use of the particular Services to which the additional terms apply. By using the particular Services to which the additional terms apply, you agree to the additional terms. If you do not agree to the additional terms, then you must not use the Services to which the additional terms apply. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service. In the event of an irreconcilable difference between the additional terms and these Terms of Service, the additional terms will apply.

17. Geographic Restrictions; Legal Compliance with Export Laws

The owner of the Services is based in the state of Utah in the United States. DI provides the Services for use only by persons located in the United States. DI makes no claims that the Services or any of their content is accessible or appropriate for access or use outside of the United States or complies with laws outside of the United States. Access to the Services may not be legal to use by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and at your own risk and you are responsible for compliance with applicable laws.

In such event, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

18. Disclaimer of Warranties

THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS.” DI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THIS DISCLAIMER SHALL NOT BE MODIFIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. DI DOES NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

DI makes no representations concerning any Information, User Contributions or other content or materials on or accessed through the Services, and DI will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained on or accessed through the Services.

Further, you understand that DI cannot and does not guarantee or warrant that files available for downloading from the internet, the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

19. Limitation on Liability

DI’S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF THIS AGREEMENT, INCLUDING ANY USE OF OR INABILITY TO USE THE SERVICES OR SOFTWARE, SHALL BE LIMITED TO DIRECT DAMAGES, WHICH SHALL NOT EXCEED THE TOTAL AGGREGATE AMOUNT OF $100.00. IN NO EVENT SHALL DI BE LIABLE FOR ANY LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR SOFTWARE, REGARDLESS OF WHETHER DI HAS NOTICE OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Some jurisdictions prohibit certain limitations of damages in consumer contracts, so the above limitations may be superseded by law in some jurisdictions.

20. Indemnification

You agree to defend, indemnify and hold harmless DI, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Contributions, any use of the Service’s Information or other content, the Services and products offered on or through the Website, or your use of any information obtained from the Subscription Service or Website, or the violation of any intellectual property or other right of any person or entity, by your or any third party using your registration information. The foregoing indemnification obligation does not apply to liabilities, claims, and expenses arising as a result of our own gross negligence or intentional misconduct.

21. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website will be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in Salt Lake City, Utah, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your state of residence or any other relevant state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23. Waiver and Severability

No waiver of by DI of any term or condition set forth in these Terms of Service will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DI to assert a right or provision under these Terms of Service will not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court, or other tribunal of competent jurisdiction, to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

24. Entire Agreement

These Terms of Service and any additional terms under Section 16 constitute the sole and entire agreement between you and DI with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.  Provisions which, by their nature or context, are intended to survive the expiration or termination of these Terms of Service shall so survive.

25. Electronic Contracting and Notices

If you draw, type or attach your signature or any other text, symbol or image in a box or space associated with any contract or form provided by DI, you are agreeing to be legally bound by the terms and conditions of that contract or form. Such action by you constitutes an “Electronic Signature,” which shall have the same force and effect as an original signature. No third party certification or verification is necessary to validate an Electronic Signature.

26. Copyright Disputes

We respect the intellectual property rights of others and we expect our users to do the same. If you believe any materials or content in the Services are infringing, please notify us. We will respond to such notices, consistent with the Digital Millennium Copyright Act and other applicable laws. It is DI's policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue Service to repeat offenders.

DI's designated agent to receive any notification under this section is:

Attn: Legal Operations Dental Intelligence, Inc. 2100 W Pleasant Grove Blvd., Suite 400 Pleasant Grove, UT 84062 USA

Or email to legal@DentalIntel.com

27. Assignment

DI may assign the Terms of Service or any or all of its rights and/or obligations under these Terms of Service at any time with no notice to you. You may not assign, transfer, or sublicense these Terms of Service or any of your rights and/or obligations under these Terms of Service and any attempt to do so in violation of this section will be null and void.

28. Your Comments and Concerns

The Subscription Service and Website are operated by Dental Intelligence, Inc., 2100 W Pleasant Grove Blvd., Suite 400, Pleasant Grove, UT 84062 USA.

All other feedback, comments, requests for technical support and other communications relating to the Subscription Service or Website should be directed to support@dentalintel.com

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