This website, located at www.denteractive.com (together with any affiliated or otherwise related or referenced websites, mobile applications or other services, the “Site”), is owned and operated by Denteractive Solutions Inc., a Delaware corporation (“Denteractive,” “we,” or “us”).
This Site facilitates the provision of the Service to registered users. The “Service” includes (i) providing individuals with information on dental care and oral health (“Content”); (ii) help finding and otherwise connecting with a dentist; (iii) video conference support for using the Service as a means of direct access to licensed dentists and other healthcare providers (each, a “Dentist” and each such online teledentistry consultation, a “Teledentistry Consultation”) for communication, consultations, assessments, and/or treatment; (iv) development and gathering of health care records and health care information with retention of the same for use in Dentist appointments and communications; and (v) administrative support in connection with scheduling and payment for services provided by Dentists.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911
THIS SITE ENABLES COMMUNICATION WITH DENTISTS AND OTHER HEALTH CARE PROVIDERS. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH
YOUR DENTIST OR OTHER HEALTH CARE PROVIDER AND DOES NOT PROVIDE DENTAL OR MEDICAL ADVICE, CARE, DIAGNOSIS, OR TREATMENT OTHER THAN FROM THE HEALTH CARE PROVIDERS YOU CONNECT WITH DIRECTLY ON OR THROUGH THE SITE.
Your Relationship with Denteractive
Denteractive provides a platform for you to connect to and consult with Dentists. Such Dentists are independent professionals fully responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
Denteractive does not practice dentistry or any other licensed profession, and does not interfere with the practice of dentistry or any other licensed profession by the Dentists you may access through the Site. You understand that by consulting with a Dentist through the Site, via a Teledentistry Consultation or otherwise, you are not entering into a provider/patient relationship with Denteractive, but rather directly with such Dentist. YOU AGREE THAT YOU WILL NOT HOLD DENTERACTIVE LIABLE FOR ANY LOSS, INJURY, OR CLAIMS OF ANY KIND ARISING FROM ANY ADVICE YOU OBTAIN FROM A DENTIST VIA THE SERVICE.
None of the Content you may access on the Site (other than information you receive from a Dentist following a Teledentistry Consultation) should be considered dental or medical advice or an endorsement, representation or warranty that any particular procedure, medication or treatment is safe, appropriate, or effective for you. Denteractive makes no representation that the Service, Content and/or other material described on the Site are appropriate or available for use in locations outside the United States or all states and territories within the United States.
Included in the Content is an interactive messaging service provided by either SMS or email or a combination thereof (the “Messaging Feature”) that you can use to ask basic questions regarding oral health and accessing dental care. All responses provided via the Messaging Feature are for basic information or referral purposes only and are not intended to and do not constitute dental, medical or any other type of professional advice and in no way does such basic communication create a provider/patient relationship. The communication you receive via the Messaging Feature may be provided by a live person or an automated system or a combination thereof.
Video Teledentistry Service
We offer a live, interactive and synchronous video session with live dentists. These sessions are at 15 minute increments with a Dentist licensed to practice dentistry in your state. You will have to agree to a Teledentistry consent form prior to a live video session with a Dentist. If there is no Dentist available, you can request an appointment by emailing email@example.com. Following a Teledentistry Consultation with a Dentist where your condition has been evaluated, you may receive one or more messages from a Dentist with whom you have formed a direct and independent provider/patient relationship with and such Dentist assumes full responsibility for any advice or treatment they provide to you in this manor or otherwise. Our Dentists reserve the right not to diagnose or recommend treatment or a prescription if in their sole judgement they have not been able to establish enough information regarding your case or condition in general.
Duty to Provide Information and Access
If you consult with a Dentist through the Site, you have a duty to provide appropriate real time video access (consistent with any technical and quality requirements described on the Site) to enable effective communication with and an appropriate evaluation by your Dentist. You also have a duty to provide truthful and accurate responses on any patient forms or information requests.
You understand that your Dentist may send you messages, reports, and e-mails via the Site regarding the treatment of your condition. It is your responsibility to monitor these messages, reports, and e-mails. YOU AGREE THAT YOU WILL NOT HOLD US LIABLE FOR ANY LOSS, INJURY, OR CLAIMS OF ANY KIND RESULTING FROM YOUR FAILURE TO READ THESE MESSAGES
OR FOR YOUR FAILURE TO COMPLY WITH ANY TREATMENT RECOMMENDATIONS CONTAINED IN THESE MESSAGES.
Accounts, Passwords and Security
By registering on the Site, users can receive access to the password-protected portions of the Site. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to immediately notify Denteractive of any unauthorized use of your account or any other breach of security of which you become aware involving or relating to the Site by e-mailing Denteractive at info@Denteractive.com. In addition, you agree to keep in confidence your username and password and to exit from your Secure User account at the end of each session. You may not use anyone else’s account at any time. YOU AGREE THAT YOU WILL NOT HOLD US LIABLE FOR ANY LOSS, INJURY, OR CLAIMS OF ANY KIND RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Ownership of Information Submitted via the Site
Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Denteractive shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Denteractive via the Site or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
Any use or attempted use of this Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the Site; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Denteractive to be made accessible to a user;
to obtain any materials or information through any means not intentionally made available by Denteractive; or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Site, you agree you will not
upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Denteractive representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or
otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, this Site or any related networks or systems; (m) harvest or otherwise collect information about others, including e-mail addresses; or (n) use any robot, spider, scraper, or other automated or manual means to access this Site, or copy any content or information on this Site.
Denteractive reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. Denteractive may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Right to Monitor
No Denteractive Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Site is provided by a Dentist or other third party content provider or other Site users, Denteractive has no editorial control or responsibility over such Content. Therefore, any opinions, advice, statements, products, services or other
information expressed or made available by professionals, other third parties or other users on this Site are those of such professionals, third parties or users, respectively. Denteractive does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Site or referenced content of Dentists will not infringe rights of third parties not owned by or affiliated with Denteractive.
Third Party Services
Links to Third Party Sites
under no obligation to maintain any link on this Site and may remove a link at any time in its sole discretion for any reason whatsoever. Denteractive shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. Denteractive is not responsible for the privacy practices of any other websites.
The Service, Content and other information contained on this Site are provided by Denteractive as a convenience to its users. Users relying on Content or other information from this Site do so at their own risk.
THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. DENTERACTIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. DENTERACTIVE MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. DENTERACTIVE IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY SERVICES INCLUDING FOR ANY DELAYS, INTERRUPTIONS, TRANSMISSION ERRORS, SECURITY FAILURES, AND OTHER PROBLEMS CAUSED THEREBY.
Limitation of Liability
IN NO EVENT SHALL DENTERACTIVE NOR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, MALPRACTICE, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF, MISUSE OF OR INABILITY TO USE THE WEBSITE OR BASED ON AN ISSUE WITH A THIRD PARTY SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DENTERACTIVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE. IN ANY AND ALL SUCH EVENTS, DENTERACTIVE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $500.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DENTERACTIVE ITS AFFILIATES, CONTRACTORS, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, PROPRIETORS, PARTNERS, SHAREHOLDERS, SERVANTS, PRINCIPALS, AGENTS, PREDECESSORS, SUCCESSORS, ASSIGNS, ACCOUNTANTS, AND ATTORNEYS FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, CLAIMS, PROCEEDINGS, DAMAGES, SETTLEMENTS, JUDGMENTS, INJURIES, LIABILITIES, OBLIGATIONS, LOSSES, RISKS, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LITIGATION EXPENSES) RELATING TO OR ARISING FROM THIS SITE, YOUR USE OF THIS SITE, YOUR USE OF ANY THIRD PARTY SERVICES, YOUR FRAUD, VIOLATION OF
Intellectual Property Rights
Except as otherwise expressly stated, all Content appearing on the Site is the copyrighted work of Denteractive or its third-party content providers and is protected by all applicable U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Site is also the exclusive property of Denteractive and is protected by U.S. and international copyright laws.
Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Denteractive or any applicable third-party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Denteractive. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.
Certain trademarks on the Site are the service marks and trademarks of Denteractive or its licensees. The domain name for the Site, the Denteractive logo and elements of the design of the Site are service marks, trademarks, logos, and/or trade dress of Denteractive. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Site without the prior written authorization of Denteractive.
Permission for all other uses of Content, service marks, trademarks, logos, trade dress or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress or other intellectual property on any other website or networked computer or linking to any page of the Site, must be obtained from Denteractive or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from Denteractive should be submitted via an email. All design rights, databases and compilation and other intellectual property rights associated with the Site, in each case whether registered or unregistered, and related goodwill, are proprietary to Denteractive.
Notice and Procedure for Making Claims of Intellectual Property Infringement
Denteractive respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and Denteractive asks our users to do the same. Denteractive therefore employs measures to prevent copyright and other intellectual property infringement on the Service. Pursuant to Title 17, United States Code,
Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:
Denteractive Solutions Inc.
23 Corporate Plaza, Suite 150
Newport Beach, CA 92660
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Service are covered by the notice, a representative list of such works;
Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Denteractive to locate the material;
Information reasonably sufficient to permit Denteractive to contact you, such as your name, address, telephone number and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.
Governing Law; Venue; Severability of Provisions
No Agency Relationship
Denteractive Solutions Inc.
23 Corporate Plaza, Suite 150
Newport Beach, CA 92660