Orthodontext-Terms of Service Agreement

Terms of Use

AGREEMENT BETWEEN USER AND Orthodontext

The Orthodontext Website is comprised of various web pages, including various Orthodontext login pages specific to a single healthcare provider’s patients, operated by Linode (the “Orthodontext Website”).

The Orthodontext Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Orthodontext Website constitutes your agreement to all such terms, conditions, and notices. Please print a copy of this agreement for your records.

MODIFICATION OF THESE TERMS OF USE

Orthodontext may update, revise, supplement, modify or amend these TOU at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Orthodontext Website. You agree that you will be bound by these TOU, however and whenever updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Orthodontext Website after, the updates, revisions, supplements, modifications or amendments.

LINKS TO THIRD PARTY SITES

The Orthodontext Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of Orthodontext and Orthodontext is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Orthodontext is not responsible for webcasting or any other form of transmission received from any Linked Site. Orthodontext is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Orthodontext of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Orthodontext Website, you warrant to Orthodontext that you will not use the Orthodontext Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Orthodontext Website in any manner which could damage, disable, overburden, or impair the Orthodontext Website or interfere with any other party's use and enjoyment of the Orthodontext Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Orthodontext Website.

USE OF COMMUNICATION SERVICES

The Orthodontext Website contains message and communication facilities designed to enable communication between healthcare providers and their patients (collectively, "Communication Services"). You represent and warrant that any information you provide via the Communication Service is true and accurate. You agree to use the Communication Services only to send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload, distribute or disseminate files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload, distribute or disseminate files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

Further, you agree to use the Communication Services to communicate only with recipients who have provided you with their prior written consent to receive your communications. The prior express written consent must state that you may be sending text messages by and through Orthodontext and that such text messages may be related to the recipient’s healthcare treatment plan and/or healthcare products or services. The prior written consent must also confirm that the recipient’s cell phone plan allows unlimited text messages. By entering or submitting a cell phone number into the Orthodontext system, you are directing Orthodontext to automatically send text message reminders and other communications to such cell phone and certifying that the user of such cell phone consents to the receipt of those messages and is able to receive unlimited messages. You are responsible for all liability for any failure to receive consent, including any costs incurred by the recipient as a result of Orthodontext services.

Orthodontext has no obligation to monitor the Communication Services or information or materials transmitted through the Communication Services. However, Orthodontext reserves the right to review materials posted or submitted to a Communication Service and to remove any materials in its sole discretion. Orthodontext reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Orthodontext reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Orthodontext 's sole discretion.

Always use caution when giving out any personally identifying information about any individual in any Communication Service. If you use or disclose your own personal, confidential or private information, including personally identifiable health information, in the Communication Services, that information may be viewed and further disclosed without limit by any direct or indirect recipient, and will no longer be subject to any federal or state statutory, regulatory, or common law privacy protections. Orthodontext does not control or endorse the content, messages or information found in any Communication Service and, therefore, Orthodontext specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Orthodontext spokespersons, and their views do not necessarily reflect those of Orthodontext.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Account, Password, AND Security

You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Orthodontext Website, including those relating to data privacy, international communications, and the transmission of technical or personal data.

You will also choose a password and an user name. You are entirely responsible for maintaining the confidentiality of your user name, password, and all activities that occur under your account. You agree to immediately provide notice to us upon any unauthorized use of your account or other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time. You will comply with all of the terms of your agreement with us.

MATERIALS PROVIDED TO Orthodontext OR POSTED AT ANY Orthodontext Website

Unless otherwise agreed, Orthodontext does not claim ownership of the materials you provide to Orthodontext (including feedback and suggestions) or post, upload, input or submit to Orthodontext or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Orthodontext, its affiliated companies, suppliers and necessary sublicensees unlimited permission to use your submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Orthodontext is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Orthodontext's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Access and Interference

Systematic retrieval of data from the Orthodontext Website to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without our express written permission is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by us. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without prior express written consent. You may not use meta tags or any other “hidden text” utilizing Orthodontext’s name or trademarks without our express written consent.

You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Orthodontext Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.

LIABILITY DISCLAIMER

For Informational Purposes Only: The information and contents of document or series of documents made available by Orthodontext in or through the Orthodontext Website relating to health, treatment and care or containing links to other sites, whether available in print or electronic format (including any digital format, e-mail transmission, or download from the website), shall be known hereinafter as "Informational Content". All Informational Content is for informational purposes only. The Informational Content is not intended to substitute for medical advice, medical care, diagnosis or treatment provided by a physician or healthcare provider. No physician-patient relationship is established merely by virtue of the provision of the Informational Content.

To patients (if children, their parents or legal guardians): Please seek the advice of a physician or other qualified healthcare provider with any questions you may have regarding a medical condition and do not rely on the Informational Content.

To physicians and other healthcare providers: The Informational Content is not intended to replace your independent clinical judgment, medical advice, or to exclude other legitimate criteria for screening, health counseling, or intervention for specific complications of treatment. Neither is the Informational Content intended to exclude other reasonable alternative procedures. The Informational Content is provided as a courtesy, but not intended as a sole source of guidance in the evaluation of patient conditions.

No endorsement of any specific tests, products or procedures is made by or through Informational Content, Orthodontext, or affiliated party, including Orthodontext software or Informational Content suppliers.

No Claim to Accuracy or Completeness: Orthodontext makes no warranty or representation, express or implied, as to the accuracy, reliability, completeness, relevance, or timeliness of any Informational Content.

The ORTHODONTEXT WEBSITE AND ALL INFORMATIONAL CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Orthodontext AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATIONAL CONTENT INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORTHODONTEXT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ORTHODONTEXT WEBSITE, WITH THE DELAY OR INABILITY TO USE THE ORTHODONTEXT WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATIONAL CONTENT OBTAINED THROUGH THE ORTHODONTEXT WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ORTHODONTEXT WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ORTHODONTEXT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ORTHODONTEXT WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ORTHODONTEXT WEBSITE. NOTWITHSTANDING THE FORGOING, YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST US ARISING OUT OF THE USE OF THIS SITE.

INDEMNIFICATION: You agree to the following terms of indemnification: (i) "Indemnified Parties" include authors and contributors of the Informational Content, all officers, directors, representatives, employees, agents, and members of Orthodontext or any of its suppliers; (ii) by using, reviewing, or accessing the Orthodontext Website or any Informational Content, you agree, at your own expense, to indemnify, defend and hold harmless Indemnified Parties from any and all losses, liabilities, or damages (including attorneys' fees and costs) resulting from any and all claims, causes of action, suits, proceedings, or demands related to or arising out of use, review or access of the Orthodontext Website or any Informational Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

TERM AND TERMINATION

These TOU will be in force starting on the date on which you registered and continuing through the termination of these TOU as set forth herein; provided, however, that in the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

Orthodontext reserves the right, in its sole discretion, to terminate your access to the Orthodontext Website and the related services or any portion thereof at any time, without notice. Further, if you breach any of the provisions contained in these TOU or if you breach any of your payment obligations, your authorization to use the Orthodontext Website shall automatically terminate.

You may choose to terminate your own access to the Orthodontext Website and the related services by notifying us in writing at least thirty (30) days prior to your anticipated termination date. You will be responsible for payment for all services provided through your termination date.

GENERAL

To the maximum extent permitted by law and without regard to conflicts of laws principles, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, U.S.A. in all disputes arising out of or relating to these TOU or the use of the Orthodontext Website. Use of the Orthodontext Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Orthodontext as a result of this agreement or use of the Orthodontext Website. Orthodontext's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Orthodontext’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Orthodontext Website or information provided to or gathered by Orthodontext with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement, together with the Business Associate Agreement referenced in the following section, constitutes the entire agreement between the user and Orthodontext with respect to the Orthodontext Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Orthodontext with respect to the Orthodontext Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

BUSINESS ASSOCIATE AGREEMENT

If you are a “covered entity” as defined in the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder (“HIPAA”) and as described in the Health Information Technology for Economic and Clinical Health Act (“HITECH”) provisions of the American Recovery and Reinvestment Act of 2009 (“ARRA”), then by registering, you acknowledge and agree to the terms and provisions of the Business Associate Agreement available at your registering shall constitute your signature on a written copy of the Business Associate Agreement. The Business Associate Agreement may be amended at any time by Orthodontext by posting at www.orthodontext.com/baa, and any such amendment shall be immediately effective.

To the extent any terms of these Terms of Use or the Privacy Statement conflict with any terms of the Business Associate Agreement between you and Orthodontext, the terms of the Business Associate Agreement shall control.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Orthodontext Website, including the Informational Content, is subject to protection under the copyright law and other intellectual property law in the United States and worldwide. Orthodontext and its suppliers retain exclusive copyright and other right, title and interest to such content and claims all intellectual property rights available under law.

This agreement is not a sale and does not convey any rights of ownership in or related to the Orthodontext Website, the Informational Content, or Orthodontext intellectual property to you. Any and all software, algorithms, applications, source codes, structures, sequences, routines, sub-routines and related programming, engineering or technological matter developed or created by Orthodontext (and all copyrights, patents, trademarks and other proprietary rights related thereto) shall remain the sole, exclusive and perpetual property of Orthodontext.

You hereby agree to help Orthodontext or its suppliers to secure all copyright and intellectual property rights for the benefit of Orthodontext or its suppliers by taking additional action at a later time, action which could include signing consents and legal documents and limiting dissemination or reproduction of such content.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. You agree not to use or attempt to register any trademark, trade name, service names or logos that are confusingly or deceptively similar to those associated with Orthodontext or the companies and products mentioned on the Orthodontext Website.

Any example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Electronic Communications

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing. If you have other questions about how we might use your e-mail address please review our Privacy Statement.

Contact Information

If you have any questions about this policy, please contact:  Orthodontext  at support@orthodontext.com