eDosseaTM: User Agreement Terms & Conditions
(Updated June 1st 2011)
THE FOLLOWING DESCRIBES THE TERMS ON WHICH eDosseaTM OFFERS YOU ACCESS TO OUR SERVICES.
This User Agreement ("Agreement") is a contract between you and eDosseaTM and applies to your use of the eDosseaTM service and any related products and services available through www.eDossea.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our services.
For additional information about the Service and how it works, please also consult the eDosseaTM FAQ section.
eDosseaTM may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. Upcoming changes will be posted on the "Policy Updates" page, accessible from "Policy Updates" link on the Account Overview page once you have logged in. In addition, you can set your Preferences to receive email notification of all policy updates. You may review the current Agreement prior to initiating a transaction at any time at our User Agreement page.
In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, " eDosseaTM," "we" or "our" will refer collectively to eDosseaTM and its subsidiaries.
BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU HAVE LEGAL CAPACITY TO ENTER INTO THESE TERMS AND USE THE SERVICES AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS.
THE FOLLOWING ACCOUNT AGREEMENT DESCRIBES THE TERMS AND CONDITIONS IN WHICH eDosseaTM OFFERS YOU ACCESS TO ITS ONLINE SERVICES.
Eligibility. In order to use the Service, you must register for an eDosseaTM account. Users may only hold one Business account. Our Services are only available to individuals, businesses, or entities that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is only available to Authorized Users. “Authorized Users” are defined as dentists and/or authorized employees, contractors, representatives, or agents thereof.
If you are a dental practitioner, you are required to keep on file a Business Associate Agreement, or some parallel contractual arrangement or agreement, with any other dental practitioners with whom you are affiliated and/or with whom you share dental charts, histories, records, and other such information generally used in the course and scope of dental practice (hereinafter, the “Records”). If you are a dental practitioner, you expressly represent and warrant that you will not disseminate any Records to any dental practitioner without a Business Associate Agreement or other such contractual arrangement or agreement.
- Our Services. We operate and provide access to eDosseaTM, an online referral and consultation portal for dentists which is currently available at www.edossea.com. We refer to these services as the “Services”.
You acknowledge that eDosseaTM merely stores patient records that have been obtained with patient consent and in accordance with all applicable laws. You acknowledge that eDosseaTM is acting only as an agent and custodian of these records.
eDosseaTM stores patient dental records online in order to facilitate the ready exchange of the Records. eDosseaTM warrants and represents that all Records have been lawfully obtained and are available with the patients’ consent. In order to utilize eDosseaTM you explicitly agree, subject to all applicable laws, codes, statutes, regulations, and provisions, to use the Records for lawful purposes, and expressly warrant and represent that the Records will be utilized within, for, and in the course of dental practice.
- Excluded Services. We do not provide any medical advice whatsoever. You agree that you are not relying on us for any such advice.
- Staff. You may designate certain of your staff members who may open eDosseaTM accounts and access your patients’ data through eDosseaTM. You will cause those staff members to comply with this agreement and all of your obligations in it. A breach of any obligation in this Agreement by any of your staff will be deemed to be a breach of this Agreement by you. You will be vicariously responsible for all of your staff’s activities in connection with eDosseaTM or the Services.
- Your Representations, Warranties and Obligations. You represent, warrant and agree that:
- you are a registered dentist who is a member in good standing of the dentistry regulatory body in the jurisdiction where you practice dentistry;
- all information you have provided and will provide to us and through eDosseaTM is and will be current, complete, and accurate and truthful; and
- you have full legal authority to use the Services.
- Misrepresentation. You acknowledge that if you misrepresent yourself as a dentist, we may report that misrepresentation to the applicable dental association(s) and to law enforcement agencies.
- Updated Information. You must immediately notify us if any of the information you have provided to us is or becomes inaccurate or incorrect.
- Identity Authentication. We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize eDosseaTM, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, eDosseaTM cannot and does not guarantee any user's identity.
- Consent to Collection of Personal Information. We and our representatives may collect personal information about you (your “Personal Information”), including your name, contact information, birth date, gender, numerical identifiers, professional accreditation information, personal preferences and other information. You acknowledge that we and our representatives may use your Personal Information for the following purposes:
You acknowledge that we may disclose your Personal Information electronically or in writing to the Governing Bodies, to our payment and delivery service providers for the purposes described in the above paragraph.
YOU HEREBY CONSENT TO US AND OUR REPRESENTATIVES COLLECTING, USING AND DISCLOSING YOUR PERSONAL INFORMATION IN THE MANNER DESCRIBED ABOVE. YOU ALSO CONSENT TO THE GOVERNING BODIES VERIFYING YOUR PERSONAL INFORMATION AS DESCRIBED ABOVE.
- to determine your eligibility to use the Services;
- to provide you with future information about our Services,
- to customize the advertising and content that is presented to you through the Services, and
- to contact applicable dentistry associations or colleges and any other professional governing or licensing body (collectively, the “Governing Bodies”) to verify your Personal Information.
- Release. In the event that you have a dispute with one or more users, you release eDosseaTM (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."
- Compliance with Privacy Laws. You will comply with theHealth Insurance Portability and Accountability Act (USA), and all other applicable privacy laws regarding your use of the Services. Without limiting the foregoing obligation, you will not use the Services to collect, use or disclose any personal information about any third party except as permitted by applicable privacy laws.
- Restrictions. When using eDosseaTM you must comply with all applicable laws, and you must not:
- hack, reverse engineer, disable, disrupt or interfere with the functioning of eDosseaTM;
- upload to or transmit from eDosseaTM anything that (if reproduced, published, transmitted or used) may be defamatory, threatening, abusive, obscene, pornographic, harmful or invasive of anyone’s privacy, may violate any law including intellectual property, privacy or other laws, or may give rise to civil or other liability;
- upload to or transmit from eDosseaTM any data, file or software that contains a virus, Trojan horse, worm or other harmful component;
- use eDosseaTM for spamming, other advertising, or other bulk message transmission;
- allow any third party to use or access eDosseaTM without our prior written consent;
- impersonate anyone or falsely represent an affiliation with any person or entity; or
- attempt to disrupt or interfere with the functioning of the Services.
In addition to any other available remedies, we may suspend or terminate your access to eDosseaTM upon breach of any of the above obligations.
- Customer Responsibilities. You will be solely responsible for obtaining all computer equipment and internet connections required to access eDosseaTM. Will not be responsible for the workings or failures of your computer equipment, network, software or Internet access.
- Customer Data. You own all data of yours that you enter into eDosseaTM. We may manipulate, format, display, transmit and otherwise use your data as necessary for the normal functioning of eDosseaTM.
- No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. The above clause is completely separate from any Separate Guarantees made by eDosseaTM.
- Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
- Indemnification. You agree to indemnify and hold eDosseaTM, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Services.
- Damages. You and eDosseaTM agree that the damages that eDosseaTM will sustain as a result of the behavior outlined above will be substantial, including (without limitation) fines and other related expenses from the government and/or individual patients, but may be extremely difficult and impracticable to ascertain. In the event that you engage in such activities, then eDosseaTM may take legal action against you to recover any such losses or damages, and/or may suspend or immediately terminate your usage of eDosseaTM.
- Violation of Acceptable Use Policy. You further understand that, if you use the eDosseaTM service in a manner that violates the Acceptable Use Policy, including but not limited to the categories described above, eDosseaTM may incur substantial liability and/or suffer significant damages, including (without limitation) fines and other related expenses from the government and/or individual patients. By misusing patient records in contravention of this User Agreement, you acknowledge liability to eDosseaTM for any and all damages suffered by eDosseaTM. Without limiting the foregoing, you agree to reimburse eDosseaTM for any and all costs, expenses, and fines levied on eDosseaTM by any governmental entity or individual patient as a result of your activities.
- Attorneys’ Fees. You agree that, if either you or eDosseaTM commences litigation or arbitration in connection with this agreement, the prevailing party is entitled to recover reasonable attorneys' fees and any other costs incurred in such proceeding in addition to any other relief to which the prevailing party may be entitled.
- Payments. Once a Payment is made it is non-reversible and non-refundable. Funds sent to eDosseaTM electronically by email via the internet must be accompanied by the same email address that is on account with us for your account. Sending us funds using multiple email addresses will not be accepted and will result in the suspension of your eDosseaTM account.
- Permitted Uses. You may use the website of eDosseaTM for lawfully permitted purposes only. You cannot distribute or transfer any copies to third parties in exchange for money or other consideration. You may not copy, display, distribute, transmit, publish, license, modify, reformat, create derivative works from, or sell any web pages or information belonging to eDosseaTM.
- You must provide eDosseaTM with valid and accurate information. Only Subcribers may open a eDosseaTM account. “Subscribers” are defined as licensed dentists or dental office managers & dental laboratories.
Only Authorized Users may use this web site. “Authorized Users” are defined as dentists and/or dental laboratories, or authorized employees, contractors, representatives, or agents thereof. It is your responsibility to either discontinue a user account or change the password on your user account in the event that a previously Authorized User is terminated, resigns, or for any other reason ceases to be an Authorized User.
You will not open more than one eDosseaTM account. eDosseaTM reserves the right to terminate duplicate accounts or any account containing untruthful information. eDosseaTM also reserves the right to close any account that is linked in any way to another account in bad standing with eDosseaTM.
- You may not divulge your password to anyone else, nor may you use anyone else's password. eDosseaTM; is not responsible for losses incurred by Users as the result of the misuse of passwords.
- Intellectual Property. As between you and us, we own all right, title and interest in eDosseaTM and the Content, and all intellectual property rights therein. “eDossea” is a trade-marks of ours and you must not use it without our prior written consent.
- Copyright. eDosseaTM and the Content are protected by copyright laws. You may download the Content for your personal, non-commercial viewing, but you may not otherwise copy, reproduce, republish, post, transmit, display, perform, distribute, modify or create derivative works from the Content without our prior written approval.
- Linking. The sites that are linked from eDosseaTM are not under our control, and we do not assume any responsibility or liability for any communications or materials available at those linked sites. All links are provided for your convenience only; they are not an endorsement or referral by us.
- Interruptions and Errors. Your use of eDosseaTM might be interrupted and will not be free of errors.
- Downtime. eDosseaTM will be unavailable from time-to-time due to routine maintenance, upgrades, hardware and software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands. Where reasonably possible we will give you prior notice of any scheduled service interruptions.
- Modifications. From time to time, we may in our sole discretion add new features to eDosseaTM, remove existing features from eDosseaTM, or otherwise modify or change eDosseaTM (including its functionality, visual design, “look-and-feel”, universal resource locators and software components).
Consumer Liability and Error Resolution
- We will periodically email you notice to inspect your eDosseaTM account history online. If your transaction history shows electronic funds transfers that you did not make or authorize, notify us at once. If you do not notify us within 60 days after receiving notice, you may not recover any money you lose after the 60 days if we can prove that we could have stopped someone from taking the money if you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from notifying us, we may extend the time periods.
- In case of unauthorized transactions, payment problems, errors or questions about your account, you should notify eDosseaTM through application messaging or e-mail. You must: 1) Tell us your account number, security answer, name and primary email address; 2) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and, 3) Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send your complaint in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate the complaint or question. If we decide to do this, we will provisionally credit your transaction account within ten (10) business days for the amount you think is in error, so that you may have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your transaction account. If we determine there was no error, we will mail you a written explanation within three (3) business days after we finish the investigation. You may ask for copies of documents which we used in our investigation. We may revoke any provisional credit provided to you if we find that an error did not occur.
This Agreement is subject to change at any time without notice.
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