DENTULU Terms & Conditions of Use
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
DENTULU does not provide any dentists or other providers’ services itself. All of the providers are independent of DENTULU and use the Service as a way to communicate with you. Any information or advice received from a provider comes from them alone, and not from DENTULU. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular dentists. Neither DENTULU, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a dental care provider via the Service or for any other information obtained on the website. DENTULU does not endorse any specific tests, dentists, medications, products or procedures that are recommended by providers that may use DENTULU to communicate with you. You acknowledge that your reliance on any dentists or information provided by the providers via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith.
DENTULU does not make any representations or warranties about the training or skill of any dentists or dental clinicians who provide services via the Service. You will be provided with a list of available providers located in the U. S. based solely on the information you, your employer or your plan sponsor provides to DENTULU. You are ultimately responsible for choosing your particular healthcare provider.
DO NOT USE DENTULU SERVICES OR THE DENTULU APPLICATION TO SEEK DENTAL SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENY ATTENTION. CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY THAT MAY POTENTAILLY BE LIFETHREATENING OR CANNOT WAIT AT LEAST 48 HOURS.
Dentulu, Inc. (“Dentulu”) along with its predecessors, licensors, beneficiaries, and its contracted independent Dental care Hygienists and Dentists, including without limitation d/b/a “Dentulu, Dentulu At-Home Dental Services and Dentulu Senior Citizens Dentists, (collectively, the “Companies”, “we”, or “us”) welcome you to download our proprietary mobile application software called “Dentulu™” (or the “Application”).
Please note, Dentulu is an administrative and technology company providing technology services that connect clinicians to their end users. Dentulu works with a wide array of dental and medical professionals as well as independent contractors who provide professional services by using the Dentulu software and application for their services. Dentulu DOES NOT DIRECTLY provide any Dental care services, nor does it officially endorse or take any responsibility for any dentist, dental Hygienist or affiliate beyond its verification of active licensure, proof of insurance and proximity to end user after their initial registration.
By downloading and using the Application, and by requesting and /or receiving services through the Application and/or via our Website (if applicable) (“Services”), you agree to be bound by the terms of service set out below (the “Agreement”). If you do not agree to ALL of the terms of this Agreement, DO NOT use the Application or our Services. The Companies may revise and update this Agreement at any time without prior notice or notification to the end user. It is suggested that you review and check for updates as needed upon use of the application or software. Your continued use of the Application or our Services will mean you accept the revised Agreements. All references to the “Application” in this Agreement shall be construed to also include our Website (if applicable).
- Dentulu’s Application & Dentulu’s Affiliate Dentalcare Providers
Congratulations on your decision to download the mobile application Dentulu™ (the “Application”). We are excited to bring you the Application, an innovative platform that permits you to initiate and transmit a request for Dental services to be provided the comfort and convenience of your specified location, such as you home, office, or workplace. The provision of the requested Dental services at the user-specified location, whether a house or otherwise, is referred herein as a “House Call”.
Dentulu’s Application is a platform that (1) allows you to request a House Call from Dentulu, (2) provides Dentulu the capability to respond and schedule a House Call for you, and (3) facilitates communication between you and Dentulu by transmitting to Dentulu the information you provide to Dentulu, including your personal and dental information. Upon receipt of your request for a House Call, the Application will notify Dentulu and transmit your information, including your location and any personal, identifiable, or Dental/medical information. Dentulu will assess your request for a House Call and use your provided information to determine, in its sole and absolute discretion, whether or not it has an appropriate and available dental Hygienist (a “Hygienist”) and dental assistant (“Dental Assistant”) and/or Dental Clinician to respond to your request for Services at your requested location. In the event that Dentulu sends a Hygienist, that Hygienist may, in his or her best judgment, based on information received prior to the House Call or during the House Call, determine that he or she is unable to provide treatment. The Hygienists and Dental Assistants are sometimes referred to herein as “Dental Care Professionals and/or Dental Clinicians.” Dentulu is solely responsible for hiring, firing, or otherwise contracting with qualified Dental Care Professionals.
You understand that there may be no Dentulu or Dental Care Professionals available in your area or at the time of your choosing. Neither your registration with the Application, nor anything else contained herein guarantees, that any Dental Care Professionals will be available to provide House Calls or Telecommunications in your area or at the time of your need or choosing.
Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to this Agreement. You are responsible for all equipment necessary to access the Application.
- Your Privacy & Your Obligation to Provide Accurate Information
In order to obtain our Services, you must provide Dentulu with certain personal information and register for an account. Additionally, you may also choose to provide Dentulu with access to your other Dental data or dental records. For example, you may choose to provide Dentulu with access to your electronic Dental data or electronic dental records that are created or save by third-parties including current or previous dentists.
It is imperative that you provide accurate and truthful information during the registration process. By submitting the registration information requested you represent and warrant to us that all of the personal information you provide to Dentulu, both during the registration process or anytime thereafter, is true and correct to the best of your knowledge. We reserve the right to refuse your registration or to cancel your use of the Application and/or the Services if we determine that you have not provided complete and accurate information regarding your identity and/or have otherwise not provided accurate information. We also reserve the right to refuse your registration or cancel your membership, use, access or registration for any reason, at any time, and without explanation.
You also agree that you will not choose or use a username that: (i) belongs to another person or is used with the intent of impersonating another person; or (ii) is subject to any rights of a person other than you without appropriate authorization. You may never use another person’s sign-in details to access the Application and/or Services.
- Billing for Services
Dentulu is NOT responsible for billing patients and patients Dental plans for the Dentalcare services rendered by Dentulu’ Dental Care Professionals. Information regarding how Dentulu generally submits claims for reimbursement and your expected financial responsibility are summarized below. Neither Dentulu nor any of it’s affiliates make any guarantee that a House Call will be covered by your Dental insurance. Ultimately, it is your responsibility to determine how your Dental insurance benefits apply to any services provided by Dentulu. Dentulu, nor any of its clinicians, accept any dental insurance or discount plan of any type. Dentulu is completely out of network with all insurances and is a Fee for Service plan that requires payment for any and all services in advance of any performed services. Dentulu may, at its discretion, provide you with a statement/claim to provide to your dental insurance for possible reimbursement. Dentulu DOES NOT in any way, shape, or form guarantee or warrant that any services provided by Dentulu or its clinicians is a covered benefit by your insurance or that it will be reimbursed in part or in full by any third party.
You must be 18 years of age or older to use the Application. By using the Application and requesting a House Call you represent that you are at least 18 years of age.
- Minors and Patient with Legal Guardians. To request a House Call for a minor patient or an adult patient who has a legal guardian, you must be the legal guardian, or an individual with uncontested legal authority to arrange for and consent to the treatment of the patient. By using the Application and requesting a House Call for a patient that has a legal guardian, you represent that you have the legal authority to make that request and you guarantee that the legal guardian who can consent to the provision of Dental/Medical services to the patient will be physically present for the duration of the requested House Call or sign a legal waiver giving authorization for another adult to be present. If a legal guardian is unable to be physically present at the house call, the legal guardian must provide Dentulu with prior, written authorization that identifies by name an individual who has the power and authority to consent to the treatment of the minor patient.
If the required legal guardian is not present upon Dentulu arrival at the House Call, or an authorization to consent to treatment is not received within 48 hours prior to the scheduled visit, then the requested dental care will NOT be provided and Dentulu will charge you a cancellation fee of no less than $199. Your credit card will be charged accordingly.
You agree that you will notify us immediately of any change in your eligibility to use the Services. Additionally, you agree to notify us immediately of any known or suspected breach of security or unauthorized use of your registration with Dentulu.
- Dentulu & Dental Care Professionals
Dentulu is solely responsible for vetting, hiring or otherwise contracting with qualified Dental Care Professionals at its own discretion. Dentulu performs thorough licensure check and verifies malpractice insurance for all Hygienists and Dental Assistants that provide House Calls. All Hygienists are licensed and in current good standing with the applicable state licensing agency. None of the Dental Care Professionals are employees of Dentulu. Employees of Dentulu never provide Dental care services or advice and do not take part in your diagnosis and/or treatment. Some, but not all, contracted dental clinicians or affiliates will have background checks performed but this is not guaranteed and will be performed on a case by case basis.
Dentulu does not recommend or endorse any specific tests, Dental care or service Hygienists, medications, products or procedures. You acknowledge that your reliance on any Dental Care Professionals that you select for a House Call on the Application or information provided by such Dental Care Professionals to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law.
You understand and agree that Dentulu is not liable for any actions or inactions of any contracted Hygienists, including without limitation to diagnosis, misdiagnosis, lack of diagnosis, dental or medical treatment and procedures performed. Dentulu is not be liable for any professional advice from a Dental Care Professional that is provided to you in-person, via telephone, video call or through any other means of communication, even if the communication is facilitated by Dentulu.
Consult with your current licensed Dental care Hygienist or Dentist as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your dental treatment, medication routine or Dental care related procedure or activity. Do not disregard dental advice issued to you by your regular licensed Dental care Hygienist or Dentist.
You will be required to review and accept separate agreements/consents with your treating Hygienist (collectively, the “Hygienist Agreements”). Hygienist Agreements may include, but are not limited to, information regarding the dental services, payment requirements, assignment of benefits, indemnification, and information security, including the handling of your Protected Dental Information. Any Hygienist that contracts with Dentulu and licenses the Application, and all of their Dental Care Professionals, are entirely independent of Dentulu. Dentulu is not responsible for any issues you may have with respect to your Dental Clinician’s professionalism, timeliness, dental treatment, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any services provided by the Dentulu or Dental Care Professionals.
- IMPORTANT DENTAL AND DENTAL NOTICES AND DISCLAIMERS
IF YOU REQUEST TO BE CONNECTED WITH A DENTAL PRACTICE, AN ELECTRONIC SERVICE REQUEST NOTIFICATION WILL BE SENT TO A DENTAL PRACTICE. IF A DENTAL PRACTICE HAS AN AVAILABLE DENTAL CLINICIAN, AN IN-PERSON MEETING BETWEEN YOU AND A LICENSED DENTAL CLINICAN, AT A LOCATION OF YOUR CHOOSING MAY OCCUR. WITH RESPECT TO THE REQUESTING, SCHEDULING AND FACILITATION OF HOUSE CALLS, THE APPLICATION IS EXCLUSIVELY FOR ACCOUNT MANAGEMENT AND TO PROVIDE YOU WITH THE ABILITY TO TRANSMIT YOUR REQUEST AND YOUR INFORMATION TO A DENTAL PRACTICE THAT PROVIDES SERVICE IN YOUR AREA. NO DENTAL CARE OR ADVICE SHALL BE PROVIDED DIRECTLY TO YOU FROM DENTULU.
THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL OR DENTAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS AND DENTAL CLINICAN WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY DENTAL CONDITIONS. ALL INFORMATION PROVIDED BY DENTULU OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY DENTULU, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH DENTAL EXPERTS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A DENTIST – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE SITE AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL DENTAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY DENTULU, ITS CONTENT PROVIDERS, DENTAL EXPERTS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE DENTULU FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH DENTAL PROFESSIONAL, DENTULU DOES NOT PROVIDE MEDICAL SERVICES AND THE DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE DENTALCARE PROVIDER YOU SELECT. ALL DENTALCARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH DENTULU.
BY USING THE APPLICATION OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT DENTULU IS NOT A DENTAL HYGIENIST, DENTIST, DENTAL OFFICE, DENTAL ORGANIZATION OR HOSPITAL. YOU FURTHER UNDERSTAND AND AGREE THAT DENTULU IS NOT STAFFED BY DENTALLY TRAINED PERSONNEL, AND IS NOT RESPONSIBLE FOR VETTING, RECOMMENDING OR REFERRING ANY PARTICULAR DENTIST, DENTAL CARE HYGIENIST, DENTAL CARE PROFESSIONAL, OR DENTAL SERVICES BUT MAY CHOOSE TO DO SO, WITHOUT ACCEPTING ANY LIABILITY OR RESPONSIBILITY, TO HELP CONNECT END USERS TO DENTAL CLINICIANS.
PLEASE NOTE THAT DENTULU’S EMPLOYEES CANNOT PROVIDE YOU WITH DENTAL ADVICE AND NOTHING THAT YOU MAY READ IN OR THROUGH THE USE OF THIS APPLICATION OR OUR SERVICES SHOULD BE CONSTRUED AS DENTAL ADVICE. ALTHOUGH ALL DENTULU OFFICERS AND THEIR INDEPENDENT CONTRACTORS AND EMPLOYEES MAKE AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, DENTULU EXPRESSLY DISCLAIMS ANY IMPLIED GUARANTEE OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THE APPLICATION, OR THE SERVICES OF DENTAL CARE PROFESSIONALS SENT TO YOU OR ANY MEMBER OF YOUR FAMILY THROUGH THE APPLICATION.
- Dispute Resolution.
DENTULU will try work in good faith to resolve any issue you have with Site or Application, including services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any use or access of the Site, the Services or any other DENTULU site will be governed by the laws of the State of California, without regard to its conflicts of laws rules. You hereby waive any objections to such jurisdiction or venue. Any claims or controversies arising out of this Agreement, and/or the related use and access of the Site, the Services or any other DENTULU site, shall be exclusively in the state courts of the Judicial Circuit in Los Angeles County, California.
- Geo-Location Functionality
- Additional Services and Terms
Some of the Services we offer may be subject to additional terms and conditions. Your use of such Services is subject to those additional terms and conditions, which will be provided to you before the affected Services are provided. Any such additional terms and conditions are incorporated into this Agreement by reference.
- Charges; Credit Card Billing; Additional Purchases
There is currently no charge to download the Application or to register for an account. However, in the future there may be charges for certain Services. Currently, all non-third party billing (if applicable) will be handled by Apple® or Google® (depending upon which service you use and which version of the application you download). In the future we may ask for payment information from you directly and you will have the option to continue with Services or decline them at that time.
Through the Services, you may also be able to purchase certain goods or additional features or other services designed to enhance the performance of the Application (“In App Purchase”). When you make an In App Purchase, you are doing so through Apple iTunes service and you are agreeing to Apple’s iTunes’ Terms and Conditions. Alternatively, depending on your operating system, you may be purchasing through the Google® Play service, and by doing so, you are agreeing to Google Play Terms and Conditions for purchases within an application.
During your use of the Application and our Services, you also may occasionally be offered incentives or merchandise either directly from us or from third-parties that are not In App Purchases. Those purchases, if you agree to them, may require you to provide credit card or other transaction data to us or to third party sponsors, affiliates, partners, Dentists or Dental Hygienists in order to procure such items or services. We will only collect those details, if ever, for the sole purpose of fulfilling an order for products or services that you request. We may retain your credit card details in an encrypted file, however.
If you choose to cancel your registration, all you have to do is email support@Dentulu.com. Dentulu reserves the right, at its sole discretion, to reject users of its Services and Application, to the extent permitted by law.
Cancellations are refundable in full within the first 24 hours after payment has been received and booked. Beyond the 24 hour booking period, no guarantees or warranties on credits, refunds (partial or in full) are offered nor implied. Dentulu, at its sole discretion, may refund or apply credit towards rescheduling another appointment towards another procedure but does not guarantee this in any way. User should NOT pay for or schedule any appointments that they are not 100% they can keep. If user has a medical emergency, is arrested or under the custody of government entity or has been deceased, a certified letter on official letterhead can be submitted to Dentulu on our website for review. If approved, a credit or refund may be issues after administrative review.
- Patient Records
Due to the nature of protected medical and health data and various local and national laws and regulations set on patient data, your data and protected medical information may be stored for a period of 5 years BUT is not obligated to do so and may delete or erase all of your information should your services is Dentulu are cancelled. If you specifically do not want Dentulu to store or keep your health records upon your cancellation a certified written letter must be sent to Dentulu with such request.
- Account Security
You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process and you are fully responsible for all activities that occur under your username and password. You will immediately notify us of any unauthorized use of your username or password or any other known or suspected breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer or using unencrypted email to discuss private matters with a Dentulu representative, a Dental Group or any Dental Care Professional, so that others are not able to view, record or intercept your password or other personal information. You have been informed of the risks of transmitting your personal information by an unsecured means.
Once it is received, your personal information and that of any minor for whom you are responsible is kept secure by us, in accordance with applicable law.
- License and Limitations on Use
We grant to you a limited, personal, non-exclusive and non-transferable right and license to use the Application. Unless otherwise specified in writing, the Application is for your personal and non-commercial use. The Application, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans, videos, written content, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the Application (the “Proprietary Materials”) are the property of Dentulu or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by Dentulu. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the Application to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.
By using the Application or the Services, you represent and warrant that any personal and/or Dental information you provide to Dentulu, the Dental Groups and/or a Dental Care Professional is true and accurate and that your use:
- Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes;
- Will not cause nuisance, annoyance, disruption, or inconvenience to any Dentulu representatives, or Dental Care Professionals;
- Will not impair the proper operation of the network;
- Will only be through access points or wireless data account (AP) which you are authorized to use; and
- May incur standard messaging charges by your wireless provider.
- Notice for Claims of Copyright Violations
We disclaim any responsibility or liability for copyrighted materials posted on our site or included on our application. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Dentulu respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Dentulu’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you believe that your work has been copied and posted on our website in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:
- Identify and include description of the copyrighted work that you believe has been infringed;
- Identify and include description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on our Application; your address, telephone number, and email address; access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Please send the written communication to our Copyright Agent either by email at support@Dentulu.com or at the following mailing address:
Attn: General Counsel & Copyright
2002 South Burlington Avenue,
Los Angeles, CA 90007
We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of others and to litigate for civil and punitive damages to the full extent of the law. By downloading this application you agree to pay for any and all costs, legal fees, and damages resulting in your violation of any of its terms of services.
- User Conduct
We reserve the right to terminate your account if you misuse the Application, our Services or our website, or if you violate this Agreement including, without limitation, the following rules of conduct:
You may not:
- Upload, post, or transmit to any Dental Practice or Dental Care Professionals by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including another user of our Services, a Dental Care Professional, or an employee of Dentulu, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
- Upload, post, email, or otherwise transmit through the Application by any means, content, materials, or comments that could be characterized as “dental advice;”
- Attempt to interfere with or disrupt our servers or networks;
- Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
- Stalk or otherwise harass another user of our Services or any of our employees, or any independent Dental Practice or Dental Care Professionals;
- Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including usernames or passwords; or access or attempt to access another user’s account without his or her consent or, in the case of a patient with a legal guardian, including minors, , that of the legal guardian or other legally responsible entity.
- DISCLAIMERS OF WARRANTIES
DENTULU DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. MDLIVE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. DENTULU DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
ALL USERS WHO USE THE APPLICATION, THE SERVICES AND OUR WEBSITE DO SO AT USER’S OWN RISK. YOU FURTHER ACKNOWLEDGE THAT ANY HOUSE CALL THAT YOU SCHEDULE VIA THE APPLICATION IS AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE APPLICATION, AND ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY US, INCLUDING THE SERVICES, INFORMATION AND ADVICE PROVIDED BY A DENTAL PRACTICE OR DENTAL CARE PROFESSIONAL OR THROUGH OUR APPLICATION OR WEBSITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE APPLICATION, OUR WEBSITE, ANY DENTAL PRACTICE AND DENTAL CARE PROFESSIONALS AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE APPLICATION OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY ANY DENTAL PRACTICE AND DENTAL CARE PROFESSIONALS. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE APPLICATION, SERVICES OR WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE APPLICATION, SERVICES OR WEBSITE OR ANY WEBSITES LINKED TO THE APPLICATION OR WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APPLICATION, SERVICES OR WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD-PARTY ON OR THROUGH THE APPLICATION; OR (F) ANY OTHER MATTER RELATING TO THE APPLICATION, SERVICES OR THE WEBSITE. IN NO EVENT SHALL THE COMPANIES’ TOTAL LIABILITY TO YOU OR ANY INDIVIDUAL OR ENTITY FOR WHOM YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO THE COMPANIES IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, THE COMPANIES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
- DISCLAIMERS REGARDING DENTAL PRACTICE AND DENTAL CARE PROFESSIONALS
DENTULU DOES NOT REFER, RECOMMEND, OR ENDORSE ANY DENTAL PRACTICE OR PHYSICIAN OR OTHER DENTAL CARE PROFESSIONAL THAT LICENSES THE APPLICATION. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY A DENTAL PRACTICE OR DENTAL CARE PROFESSIONAL ARE SOLELY ATTRIBUTABLE TO THE DENTAL PRACTICE OR DENTAL CARE PROFESSIONAL AND NOT DENTULU. RELIANCE ON ANY INFORMATION PROVIDED BY ANY DENTAL PRACTICE OR DENTAL CARE PROFESSIONAL ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE IS SOLELY AT YOUR OWN RISK. DENTULU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY ANY DENTAL PRACTICE OR DENTAL CARE PROFESSIONAL AND/OR THE SERVICES PROVIDED BY SAID DENTAL PRACTICE OR DENTAL CARE PROFESSIONALS OR BY THIRD PARTIES FEATURED ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. DENTAL PRACTICES AND DENTAL CARE PROFESSIONALS ARE RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE. ALL INTERACTIONS WITH DENTAL CARE PROFESSIONALS ARE BETWEEN YOU AND THE LICENSED DENTAL CARE PROFESSIONAL. BY USING THE APPLICATION, SERVICES, OR WEBSITE, YOU AGREE NOT TO HOLD DENTULU LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THE DENTAL CARE PROFESSIONAL MAY RENDER TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE. IN NO EVENT SHALL DENTULU BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE APPLICATION, SERVICES OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A DENTAL PRACTICE OR DENTAL CARE PROFESSIONAL OR COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, AND ANY PHYSICIANS, MEMBERS OR ANY OTHER PERSONS YOU MEET THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH DENTAL CARE PROFESSIONALS. FURTHER, DENTULU DOES NOT RECOMMEND, AND YOU AGREE TO BE WHOLLY RESPONSIBLE, IF YOU OR ANY MINOR OR PATIENT FOR WHOM YOU ARE RESPONSIBLE DECIDES TO MEET OFFLINE OR IN PERSON WITH ANY DENTAL CARE PROFESSIONAL.
- Indemnification and Indemnity
- Third-Party Web Sites, Products and Services Including Links to other Sites
- Governing Law and Choice of Forum
This Agreement contains the final and entire agreement between us regarding your use of the Application, the Services and our website for yourself, a member of your household or for any minor for whom you are responsible and supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing. The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. No amendments, modifications or waivers to this Agreement shall be valid unless in writing and signed by all Parties. We may discontinue or change the Application, Services and/or our website, or its/their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to the Application will be an appropriate federal or state court located in Los Angeles, California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Dentulu may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of Dentulu’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
- Promotions and Offers
We may, from time to time, offer certain promotions as part of our services to users, and we encourage you to participate. However, unless explicitly stated otherwise, MediCare or Medicaid/Dental beneficiaries are not eligible to participate in any promotions or other offers. By accepting any promotional offer, you certify that you are not a MediCare or Medicaid/Dental beneficiary and agree to be bound by all of the following additional terms.
Price discounts cannot be used together or combined with other discount offers or promotional offers. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void. We may request further information from you if you wish to participate in our promotions and offers. Participation in these promotions is completely voluntary. Therefore, you have the choice to decline to participate in any promotion where you are required to provide further information about yourself.
We are not responsible for any unauthorized promotions and offers offered by third-parties through the Application.
Please note, Dentulu is an administrative and technology service Dental Hygienists that owns the Application. Dentulu has entered into contracts with certain independent Health care Dental Hygienistss who provide mobile, non-emergency general adult Dental Health services (collectively, “Dentulu Dental Hygienists”). Among other things, Dentulu’s contracts with Dentulu Dental Hygienists, licenses the Application to Dentulu Dental Hygienists so to provide Dentulu Dental Hygienists with the capability to receive, respond to and schedule requested visits. Dentulu does not provide any Healthcare or Dental services, nor does it refer or recommend any physician or Dental practice or any other Dental Hygienists or personnel.