Effective Date: September 25th 2020
The Services are only available to users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent that you are at least eighteen (18) years of age, or over the age of majority in the state or country where you are a resident or citizen.
Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with such Services. You must agree to any applicable Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in any Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, then you may not use the Services to which they relate. If any Additional Term is inconsistent with the provisions of these Terms, the Additional Term will prevail for the specific Services to which it applies.
3.REGISTERING WITH US
You may choose to register for a user account (“Account”) with us. If you decide to register an Account, you will create a user ID and password to access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any purchase related to the Services. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use the Services via your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at firstname.lastname@example.org if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.
All information, materials, and other content available through the Services (collectively, the “Content”) is the sole and exclusive property of CareStack or its licensors, including any applicable dentistry practice, dentist, or any other healthcare provider, professional, specialist, organization, or affiliate thereof (each a “Healthcare Provider” and collectively, “Healthcare Providers”). Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, and to access, use, view, and print any Content, solely for your personal and internal business purposes. Except for the limited rights set forth in this Section, you may not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign to any third party the Services or Content. When using the Services, you must not:
- remove any proprietary notices on the Services or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Services or Content;
- infringe, misappropriate, or violate the intellectual property, proprietary or privacy rights of any third party;
- make any use of the Services or Content that violates any applicable local, state, national, international or foreign law;
- provide any content, data or information to CareStack that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
- fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution or other disclosure of the Services or Content;
- allow any individual to use any account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s) and user keys) issued to, or selected by, CareStack for someone other than the individual identified in the account information;
- upload to the Services the personal information of others that you are not authorized to provide;
- view, download, or otherwise access personal information or personal health information that you are not authorized to access;
- use the Services or Content to develop applications, services, websites, or any other functionalities that leverage the Services or Content;
- communicate the Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Services, or any part thereof;
- use the Services or Content in a way that suggests you are a representative of CareStack;
- circumvent the user authentication or security of the Services or any host, network, or account related thereto;
- interfere with or disrupt the proper functioning of the Services or Content, CareStack or any third party systems used to host the Services, or other equipment or networks used to provide the Services or Content; or
- cause damage to CareStack’s business, reputation, employees, members, facilities, or to any other person or legal entity.
Any scraping, automated access, or other unauthorized access to, and storage of, Services or Content will result in immediate termination of your access to the Services, Content, or your Account if applicable. Use of the Services or Content for any purpose other than what is described in this Section is prohibited.
5.OWNERSHIP AND INTELLECTUAL PROPERTY
The Services and Content are protected by copyright, trademark, patent, and other intellectual property and proprietary right laws. All title, ownership rights, and intellectual property rights in and to the Content and Services are owned by us or our licensors. All rights are reserved. The Services and Content may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of these Terms.
All trademarks, service marks, logos, trade names, and any other proprietary designations of CareStack used herein are trademarks or registered trademarks of CareStack, our affiliates, our suppliers or Healthcare Providers. You may not use any of our trademarks, logos, or trade dress in connection with any product or service that is not owned or provided by us, in a manner that is likely to cause confusion among customers or users, or in any manner that disparages us, our affiliates, our suppliers or Healthcare Providers.
6.CARESTACK DOES NOT PROVIDE MEDICAL ADVICE
CARESTACK’S PROVISION OF THE SERVICES AND CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF DENTISTRY, MEDICINE, NURSING, OR ANY OTHER HEALTHCARE SERVICE. ANY AND ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER DIRECTLY REGARDING ANY MEDICAL CONDITION, AND CONTACT YOUR HEALTHCARE PROVIDER AND/OR CALL 911 IMMEDIATELY IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE SEEN ON THE SERVICES. YOUR USE OF, OR RELIANCE ON, THE CONTENT IS SOLELY AT YOUR OWN RISK. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT, OR IF YOU COMMUNICATE WITH ANY CARESTACK EMPLOYEE OR REPRESENTATIVE. WE ENCOURAGE YOU TO INDEPENDENTLY CONFIRM ANY CONTENT VIA THIRD PARTY SOURCES SUCH AS YOUR HEALTHCARE PROVIDER’S OFFICE, STATE AND FEDERAL HEALTH AGENCIES, AND OTHER LICENSING AND CERTIFICATION AUTHORITIES.
THE SERVICES AND CONTENT ARE NOT AN ENDORSEMENT OF, OR RECOMMENDATION FOR, ANY SPECIFIC HEALTHCARE PROVIDER, THEIR SERVICES, PROCEDURES, OR GUIDANCE. IF YOU USE THE SERVICES TO LOCATE A HEALTH PROVIDER OR SCHEDULE AN APPOINTMENT WITH A HEALTH PROVIDER, YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CHOOSING SUCH HEALTHCARE PROVIDER AND FOR DETERMINING WHETHER THAT HEALTHCARE PROVIDER IS QUALIFIED TO MEET YOUR HEALTHCARE NEEDS. CARESTACK MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE QUALITY OF ANY HEALTHCARE PROVIDER OR THE SERVICES THEY MAY PROVIDE. ADDITIONALLY, CARESTACK CANNOT GUARANTEE THE AVAILABILITY OF A HEALTHCARE PROVIDER AND IS NOT LIABLE FOR CANCELLED OR UNFULFILLED APPOINTMENTS.
CareStack may, from time-to-time, offer areas in the Services where you and other users can share ideas, comments, opinions or other information or materials (collectively, “Submissions”). You are responsible for your Submissions.
By submitting a Submission, you represent and warrant that:
- Your Submission is true and accurate;
- You own or otherwise control all of the rights to your Submission, including copyrights and trademarks, necessary to meet your obligations to CareStack under these Terms; and
- Your Submission does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.
CARESTACK TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER MATERIALS CONTAINED IN SUBMISSIONS. UNDER NO CIRCUMSTANCES ARE YOU ENTITLED TO PAYMENT FOR YOUR SUBMISSIONS. ALL SUBMISSIONS ARE DEEMED NON-CONFIDENTIAL AND NON-PROPRIETARY.
By submitting any ideas, feedback, or suggestions (“Feedback”) to us through the Services or other means, you acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information of you or any third party; (ii) we are not under any obligations of confidentiality with respect to the Feedback; (iii) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (iv) you are not entitled to any compensation of any kind from us.
9.LINKS TO OTHER WEBSITES AND SERVICES
The Services may contain links to other websites and services that we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under the control of CareStack and CareStack is not responsible for Linked Services, or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by CareStack of the Linked Services or any association with the operators of the Linked Services. CareStack does not investigate, verify or monitor the Linked Services. CareStack provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
11.DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CARESTACK MAKES NO REPRESENTATIONS, WARRANTY OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR CONTENT. THE SERVICES AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES DOES NOT CONSTITUTE ADVICE OF ANY KIND AND SHOULD NOT BE RELIED UPON IN ANY WAY. CARESTACK IS NOT LIABLE FOR ANY OMISSIONS OR ERRORS OF THE SERVICES OR CONTENT. UNDER NO CIRCUMSTANCES WILL CARESTACK BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU OR A THIRD PARTY.
12.LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CARESTACK OR ANY OF ITS LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER, OR IN CONNECTION WITH, THESE TERMS OR THEIR SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, FOR ANY: (I) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR LOSS OF DATA, OR (II) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL CARESTACK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE U.S. DOLLARS ($5.00) OR THE TOTAL AMOUNT OF FEES PAID TO CARESTACK BY YOU, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13.GOVERNING LAW; DISPUTE RESOLUTION
These Terms will be governed by and construed in accordance with the laws of the state of Florida, USA. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You and CareStack each agree to exclusive jurisdiction and venue in the state and federal courts located in Osceola County, Florida, USA. For any dispute or claim you may have arising out of or relating to the Services, Content, or these Terms, you and CareStack will each give the other the opportunity to resolve it by sending the other a written description of the dispute or claim, along with contact information, relevant documents, supporting information, and the proposed resolution before pursuing a claim in accordance with Section 14 (Agreement to Arbitrate and Class Action Waiver). Notice to CareStack will be sent to the contact information provided in Section 21 (Contact Information). CareStack will notify you in writing at the email or mailing address that you provide to us in your notice to us or in your Account profile information. You and CareStack each agree to negotiate disputes and claims in good faith. If the parties are unable to resolve the dispute or claim within sixty (60) days after either CareStack receives your notice or we mail notice to you, you and CareStack agree that each may pursue the dispute or claim in accordance with the processes outlined in Section 14 (Agreement to Arbitrate and Class Action Waiver). NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IF FOR ANY REASON, ANY CLAIM OR CAUSE OF ACTION, OR ANY PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY A PARTY AGAINST THE OTHER PARTY, BASED UPON, ARISING OUT OF, OR RELATED TO THE SERVICES, CONTENT, OR THESE TERMS, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE, PROCEEDS IN FEDERAL OR STATE COURT, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. THIS WAIVER APPLIES TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS, OR MODIFICATIONS TO THESE TERMS.
14.AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER
YOU AND CARESTACK EACH AGREE THAT ALL CLAIMS AND DISPUTES ARISING OUT OF, OR RELATED TO, THE SERVICES, CONTENT, OR THESE TERMS WILL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION BY A SINGLE NEUTRAL ARBITRATOR OR, IF THE CLAIM QUALIFIES, IN SMALL CLAIMS COURT. YOU AND CARESTACK ALSO AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE, SO THE FEDERAL ARBITRATION ACT APPLIES, INCLUDING WITH RESPECT TO ANY QUESTION OF WHETHER A CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION (DESPITE THE CHOICE OF GOVERNING LAW IN SECTION 13 (GOVERNING LAW; DISPUTE RESOLUTION)). YOU AND CARESTACK EACH AGREE TO ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS, REGARDLESS OF THE APPLICATION OF PROCEDURAL RULES BY ANY ARBITRATOR. IF ANY COURT OR ARBITRATOR HOLDS THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE DISPUTE MUST BE BROUGHT IN A STATE OR FEDERAL COURT. YOU AND CARESTACK AGREE THAT THE LOCATION OF THE ARBITRATION OR COURT WHERE THE DISPUTE WILL BE RESOLVED WILL BE LOCATED IN OSCEOLA COUNTY, FLORIDA. YOU AND CARESTACK EACH ALSO AGREE THAT FOR ARBITRATED CLAIMS, THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. The American Arbitration Association (“AAA”) will arbitrate all disputes and the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. You and CareStack each are responsible for its own respective costs relating to the arbitration. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and attorneys’ fees. If you are unable to resolve the dispute after following the process in Section 13 (Governing Law; Dispute Resolution), and you would like to arbitrate, to begin arbitration you must send a letter requesting arbitration and describing your claim to the contact listed for us in Section 21 (Contact Information).
15.CHANGES TO TERMS
These Terms may be revised or updated from time-to-time, in our sole discretion. All changes are effective immediately when we post them on the Services, and apply to all access to, and use of, the Services thereafter. Your continued use of the Services following the posting of any revised Terms constitutes your acceptance of the changes. We recommend that you review the Terms from time-to-time for any updates or changes that may impact you. If you do not agree to any revised Terms, you should discontinue your use of the Services.
Termination will not limit any of CareStack’s other rights or remedies. Sections 5 (Ownership and Intellectual Property), Section 6 (Submissions), Section 8 (User Feedback), Section 11 (Disclaimer of Warranties), Section 12 (Limitation of Liability and Exclusion of Certain Damages), Section 13 (Governing Law; Dispute Resolution), Section 14 (Agreement to Arbitrate and Class Action Waiver), Section 20 (General Terms), and any other provision that, by its nature, is intended to survive termination shall survive termination of these Terms.
17.DMCA COPYRIGHT NOTICE AND TAKEDOWN POLICY
If you are a copyright owner and you believe your work has been copied and used improperly on the Services, please contact our copyright compliance officer. Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (i) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) description of the work you claim has been infringed and the description and location of the alleged infringement the Services; (iii) your contact information including address, telephone number and email address; (iv) a written statement that you have a good faith belief the accused usage is infringing; and (v) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.
Contact our copyright agent at: Legal Department, c/o Good Methods Global Inc. dba CareStack, 2954 Mallory Cir Ste 209, Kissimmee, FL 34747. Email: email@example.com. Phone: (407) 833-6123
Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Services is infringing, we suggest that you contact an attorney prior to sending notice.
18.NOTICE TO CALIFORNIA RESIDENTS
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Services is:
- Good Methods Global Inc. dba CareStack
- 2954 Mallory Circle
- Suite 209
- Celebration, Florida 34747
If you should have any further questions, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Please be aware that we have offices in the United States and that the Services and Content are governed by United States law. If you are using the Services or accessing the Content from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.
CareStack makes no representation that the Services or Content are appropriate or available for use in locations outside of the United States, and access to the Services or Content from territories where such Services or Content is illegal is prohibited. Those who choose to access the Services and Content from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services or Content in violation of United States export laws and regulations.
If you use the Services or access the Content outside of the United States you, (i) consent to the transfer, storage, and processing of your information to and in the United States; (ii) will not access or use the Services or Content if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States; and (iii) agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject CareStack or its affiliates to any registration requirement within such jurisdiction or country.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and CareStack intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and CareStack agree that if any provision of these Terms is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are for convenience only and have no legal or contractual significance. CareStack may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. CareStack’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on CareStack if it is in a written document signed by CareStack. Both you and CareStack warrant to each other that, in entering these Terms, neither CareStack nor you have relied on, or will have any right or remedy based upon, any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and CareStack, or CareStack’s successors and permitted assigns, will have any right to enforce any of these Terms.
If you have any questions, please contact CareStack at: