The terms, conditions, and guidelines associated with the use of the services (the “Services”) provided by Our Office are set forth in this Terms of Service Agreement (“TOS”). Please read this TOS carefully before you use the Services. By using the Services you (“you” or “your,” as appropriate) agree to abide by the terms, conditions, and guidelines set forth in this TOS.

Please note that Our Office may update or change this TOS from time to time without notice. USE OF THE SERVICES AFTER SUCH CHANGES HAVE TAKEN EFFECT CONSTITUTES ACCEPTANCE OF ALL CHANGES.

Please also note that if Our Office determines at any time that you have abused or violated any of these terms, conditions and guidelines, Our Office reserves the right to terminate the Site and Services immediately without notice.

Links to Third-Party Sites
Some of the links on the Site will allow you to leave the Site. Third-party sites to which the Site may link (“Third-Party Linked Sites”) are not in any way under Our Office’s control, and Our Office DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, CONTENT, COMMUNICATIONS, SERVICES, GOODS OR OTHER MATERIALS AVAILABLE ON SUCH THIRD-PARTY LINKED SITES OR FOR ANY CHANGES OR UPDATES TO SUCH SITES. Absent express language to the contrary, Our Office does not intend links contained on the Site to be referrals to, or endorsements of, the Third-Party Linked Sites or the entities that operate them, and such links are provided for convenience only.

Disclaimer of Warranties
IN USING THE SITE AND/OR ANY THIRD PARTY LINKED SITE YOU AGREE THAT ALL INFORMATION AND SERVICES IN SUCH SITES ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. YOU AGREE THAT YOU USE THE SITE AND/OR ANY THIRD PARTY LINKED SITE AT YOUR OWN RISK. YOU FURTHER AGREE THAT OUR OFFICE AND ANY OTHER PARTY INVOLVED IN CREATING AND DELIVERING THE CONTENTS OR SERVICES OF THE SITE AND/OR THIRD PARTY LINKED SITES HAVE NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE INFORMATION, SERVICES OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED THROUGH SUCH SITES. YOU ACCEPT THE FACT THAT OUR OFFICE IS ONLY PROVIDING YOU WITH ACCESS TO CONTENT AND SERVICES AND THAT IT DISCLAIMS ALL WARRANTIES RELATING TO AND ANY AND ALL LIABILITY ARISING FROM SUCH CONTENT OR SERVICES.

WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR ILLEGAL, UNAUTHORIZED, OR IMPROPER USE OF INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED USING THE SITE OR THE SERVICES. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.

General Disclaimer
THE SITE, ALL THIRD PARTY LINKED SITES, AND ALL SERVICES AND MATERIALS PROVIDED IN SUCH SITES, ARE PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS, AND YOUR USE OF SUCH SITES, SERVICES, AND MATERIALS IS AT YOUR OWN RISK. NEITHER Our Office NOR ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, IF ANY, MAKE ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER OUR OFFICE NOR ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, IF ANY, MAKE ANY REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. NEITHER Our Office NOR ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, IF ANY, MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS YEAR 2000 READY OR COMPLIANT, (4) IS SECURE, OR (5) WILL BE AVAILABLE AT ANY TIME OR FROM ANY LOCATION. NEITHER OUR OFFICE NOR ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSERS, IF ANY, MAKES ANY WARRANTY OR REPRESENTATION REGARDING (1) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE SITE, (2) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE SITE, OR (3) THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.

Limitation of Liability
IN NO EVENT WILL OUR OFFICE, ANY OF ITS PARTNERS, PROVIDERS, AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, THE SERVICES AVAILABLE ON THE SITE, ANY WEB SITES LINKED TO SUCH SERVICES, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES OR AT BULLETIN BOARDS AVAILABLE THROUGH SUCH SITES, OR THE CONTENT ANYWHERE ON THE INTERNET. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS OR DAMAGES ARISING FROM THE CIRCUMSTANCES DESCRIBED IN THIS PARAGRAPH REGARDLESS OF WHETHER ANY SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, INFRINGEMENT, DEFAMATION, MISAPPROPRIATION OR ANY OTHER TORT OR LEGAL THEORY AND REGARDLESS OF WHETHER Our Office HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion or limitation of liability. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.

License to Our Office
By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Services, you are granting Our Office and its affiliated entities a royalty-free, perpetual, non-exclusive, unrestricted, transferable, worldwide license to:

Use, copy, adapt, transmit, retransmit, distribute, creative derivative works of, and/or publicly or digitally perform or display any such communication.

Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark, patent laws or the intellectual property laws under any relevant jurisdiction.

Prohibited Uses
The Services may include access to bulletin boards, which allow users to post messages and interact with other users. You understand that Our Office has no obligation to monitor the bulletin boards, the Site, or Third-Party Linked Sites. However, Our Office reserves the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or material, in whole or in part, that in Our Office’s sole discretion is objectionable or in violation of these terms and conditions.

As a user of the site, you agree to use the Services only for lawful purposes. Use of the Services for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services to:

Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;

Harass others by spamming;

Threaten, harass, defame, embarrass or distress any other person or group;

Distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner’s consent;

Use “auto-responders,” “cancel-bots,” or other similar mechanisms that generate excessive network traffic;

Post or send any unlawful, harmful, defamatory, pornographic, obscene, vulgar or otherwise objectionable material;

Post, send or relay any unsolicited advertising;

Post or send any chain letters or pyramid schemes;

Post or send any fraudulent or misleading offers of products, items, loans, or other services;

Post any misleading, inaccurate or fraudulent information;

Post any junk emails;

Post any duplicative or unsolicited messages;

Harvest or otherwise collect information about others, including email addresses, without their consent;

Create a false identity or forged email address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; or

Attempt to gain unauthorized access to other accounts, computer systems or networks connected to the service through login password mining or any other means.

Termination
Our Office may terminate the Services and access to this Site at any time without notice in its sole discretion. In the event of a termination, the disclaimers and limitations of liabilities set forth in this TOS shall survive. Users who violate this TOS may additionally incur criminal and/or civil liability. Our Office may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.

Trademarks
The trademarks appearing on the Site, including those of Our Office are the property of their respective owners. Our Office’s trademarks may be used only with the express written permission of Our Office. The design and layout of the Site, and all other Web sites owned, operated, licensed, or controlled by Our Office or its subsidiaries, if any, are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from the Site may be copied or re-transmitted unless expressly permitted by Our Office. Other product and company names mentioned herein may be the trademarks of their respective owners.

Copyright
All materials on the Site are copyrighted and are protected under state and federal law, as well as international treaties and the copyright laws of other countries. Our Office’s materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without Our Office’s express written permission. All rights not expressly granted herein are reserved by Our Office.

General
You may create a bookmark in your browser to the home page of the Site. All rights not expressly granted in this Agreement are reserved to us. No other rights or licenses, whether express, implied, arising by estoppels, or otherwise are conveyed or intended by this Agreement.

Indemnity
You agree to indemnify, defend and hold harmless Our Office, its telecommunications providers and service providers and its subsidiaries, affiliates, officers, directors, employees, consultants and agents, if any, from any and all third-party claims, liability, damages and costs (including, but not limited to, attorneys’ fees) due to or arising from (i) your use of the Services and/or the Site, (ii) any content you post, email, transmit, or relay by use of the Services or to Our Office, a Third-Party Linked Site, and/or the Site, (iii) your violation of the TOS, or (iv) your infringement of any intellectual property or other right of any person or entity.

Changes to the Site and the Service
Our Office reserves the right to change, suspend or discontinue any aspect of the Services or the Site at any time, including the availability of any of the Site features, delivery services, databases or content. Our Office may also impose limits on features or restrict access to parts of the Site.

General Terms
If any provision(s) of the TOS is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our Office’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Our Office in writing. The section titles of the TOS are solely used for the convenience of the parties and have no legal or contractual significance. The TOS constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOS will be effective only if expressly made in writing and signed by Our Office.

SUMMARY OF NOTICE OF PRIVACY PRACTICES (PROVIDER)

The Notice of Privacy Practices covers services provided to you by our office. We are required by law to maintain the privacy of protected health information and to provide you with the Notice of our legal duties and privacy practices with respect to protected health information. Protected health information is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition and related health care services.

The Notice describes how we may use and disclose your protected health information to carry out treatment, payment or health care operations. Other uses and disclosures of your protected health information will be made only with your written authorization, unless otherwise permitted or required by law. The Notice also describes your rights to access and control your protected health information. Further, the Notice informs you of your rights to complain to us or the Secretary of Health and Human Services if you believe your privacy rights have been violated by us.

We are required to abide by the terms of the Notice. We may change the terms of our notice, at any time. The new notice will be effective for all protected health information that we maintain at that time. Upon your request, we will provide you with any revised Notice. You may contact our office by, calling our Office Manager and requesting that a revised copy be sent to you in the mail, or asking for one at the time of your next appointment.

Please read the attached Notice carefully.

NOTICE OF PRIVACY PRACTICES

This Notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

If you have any questions about this Notice, please contact our Privacy Contact, who is the OFFICE MANAGER

We are required by law to maintain the privacy of protected health information and to provide you with this Notice of our legal duties and privacy practices with respect to protected health information. Protected health information is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition and related health care services.

We are required to abide by the terms of this Notice currently in effect. We may change the terms of our notice, at any time. The new notice will be effective for all protected health information that we maintain at that time. Upon your request, we will provide you with any revised Notice by, calling our Privacy Contact and requesting that a revised copy be sent to you in the mail, or asking for one at the time of your next appointment.

1. USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION

Uses and Disclosures of Protected Health Information for Treatment, Payment, or Operations

Your protected health information may be used by your dentist for treatment, payment and health care operations as described in this Section 1 without authorization from you. Your protected health information may be used and disclosed by your dentist, our office staff and others outside of our office that are involved in your care and treatment for the purpose of providing health care services to you. Your protected health information may also be used and disclosed to pay your health care bills and to support the operation of the dentist’s practice.

Following are examples of the types of uses and disclosures of your protected health care information that the dentist’s office is permitted to make without your specific authorization. These examples are not meant to be exhaustive, but to describe the types of uses and disclosures that may be made by our office.

Treatment: We will use and disclose your protected health information to provide, coordinate, or manage your health care and any related services. This includes the coordination or management of your health care with a third party, consultations with another dentist, or your referral to another dentist for your diagnosis and treatment.

Payment: Your protected health information will be used, as needed, to obtain or provide payment for your dental services, including disclosures to other entities. This may include certain activities that your health insurance plan may undertake before it approves or pays for the services we recommend for you such as making a determination of eligibility or coverage for insurance benefits, reviewing services provided to you, and undertaking utilization review activities.

Operations: We may use or disclose, as needed, your protected health information in order to support the business activities of your dentist’s practice. These activities include, but are not limited to: quality assessment and improvement activities; reviewing the competence or qualifications of professionals; securing stop-loss or excess of loss insurance; obtaining legal services or conducting compliance programs or auditing functions; business planning and development; business management and general administrative activities, such as compliance with the Health Insurance Portability and Accountability Act; resolution of internal grievances; due diligence in connection with the sale or transfer of assets of your dentist’s practice; creating de-identified health information; and conducting or arranging for other business activities.

For example, we may use a sign-in sheet at the registration desk where you will be asked to sign your name and indicate your treating provider. We may also call you by name in the waiting room when your treating provider is ready to see you. We may use or disclose your protected health information, as necessary, to contact you to remind you of your appointment.

We will share your protected health information with third party business associates that perform various activities (e.g., billing, transcription services, accounting services, legal services) for the practice. Whenever an arrangement between our office and a business associate involves the use or disclosure of your protected health information, we will have a written contract that contains terms that will protect the privacy of your protected health information.

We may use or disclose your protected health information, as necessary, to provide you with information about a product or service to encourage you to purchase or use the product or services for the following limited purposes: (1) to describe our participation in a dentist network or health plan network, or to describe if, and the extent to which, a product or service (or payment for such product or service) is provided by our practice or included in a plan of benefits; (2) for your treatment; or (3) for your case management or care coordination, or to direct or recommend alternative treatments, therapies, dentists, or settings of care.

In addition, we may disclose your protected health information to another provider, health plan, or health care clearinghouse for limited operational purposes of the recipient, as long as the other entity has, or has had, a relationship with you. Such disclosures shall be limited to the following purposes: quality assessment and improvement activities, population-based activities relating to improving health or reducing health care costs, case management, conducting training programs, accreditation, certification, licensing, credentialing activities, and health care fraud and abuse detection and compliance programs.

Uses and Disclosures of Protected Health Information Based upon Your Written Authorization

Other uses and disclosures of your protected health information will be made only with your written authorization, unless otherwise permitted or required by law. You may revoke this authorization, at any time, in writing, except to the extent that your dentist or the provider’s practice has taken an action in reliance on the use or disclosure indicated in the authorization.

2. YOUR RIGHTS

Following is a statement of your rights with respect to your protected health information and a brief description of how you may exercise these rights.

You have the right to inspect and copy your protected health information. This means you may inspect and obtain a copy of protected health information about you that is contained in your chart, including medical and billing records and any other records that your dentist and the practice uses for making decisions about you.

Under federal law, however, you may not inspect or copy the following records: information compiled in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding; and protected health information that is subject to law that prohibits access to protected health information. Depending on the circumstances, a decision to deny access may be reviewable. In some circumstances, you may have a right to have this decision reviewed. Please contact our Privacy Contact if you have questions about access to your medical record.

You have the right to request a restriction of your protected health information. This means you may ask us not to use or disclose any part of your protected health information for the purposes of treatment, payment or healthcare operations. You may also request that any part of your protected health information not be disclosed to family members or friends who may be involved in your care or for notification purposes as described in this Notice. Your request must state the specific restriction requested and to whom you want the restriction to apply.

Your dentist is not required to agree to a restriction that you may request. If your dentist believes it is in your best interest to permit use and disclosure of your protected health information, your protected health information will not be restricted. If your dentist does agree to the requested restriction, we may not use or disclose your protected health information in violation of that restriction unless it is needed to provide emergency treatment. With this in mind, please discuss any restriction you wish to request with the office Privacy Contact. You may request a restriction by speaking with the office manager who is the Privacy Contact.

You have the right to request to receive confidential communications from us by alternative means or at an alternative location. We will accommodate reasonable requests. We may also condition this accommodation by asking you for information as to how payment will be handled or specification of an alternative address or other method of contact. We will not request an explanation from you as to the basis for the request. Please make this request in writing to our Privacy Contact.

You may have the right to have your provider amend your protected health information. This means you may request an amendment of protected health information about you in a designated record set for as long as we maintain this information. In certain cases, we may deny your request for an amendment. If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal. Please contact our Privacy Contact to determine if you have questions about amending your medical record.

You have the right to receive an accounting of certain disclosures we have made, if any, of your protected health information. This right applies to disclosures for purposes other than treatment, payment or healthcare operations as described in this Notice. It excludes disclosures we may have made to you, for a facility directory, to family members or friends involved in your care, or for notification purposes, or disclosures for which you have signed an authorization. You have the right to receive specific information regarding these disclosures that occurred after April 14, 2003. You may request a shorter timeframe. The right to receive this information is subject to certain exceptions, restrictions and limitations.

You have the right to obtain a paper copy of this Notice from us, upon request, even if you have agreed to accept this Notice electronically.

3. COMPLAINTS

You may complain to us or to the Secretary of Health and Human Services if you believe your privacy rights have been violated by us. You may file a complaint with us by notifying our Privacy Contact of your complaint. We will not retaliate against you for filing a complaint.

You may contact our Privacy Contact, the OFFICE MANAGER for further information about the complaint process.

This Notice was published and becomes effective on April 14, 2003.