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Terms of Service

 

Terms of Service

1.ACCEPTANCE OF TERMS OF SERVICE Welcome to iConfiDent. iConfiDent provides services to you, subject to the following Terms of Service, which may be updated by us from time to time upon notice to you (“TOS”). By clicking “I agree” below or otherwise continuing to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern iConfiDent's relationship with you in relation to this website. You can review the most current version of the TOS at any time at: http://www.iconfident.com/tos.php. The term iConfiDent or “us” or “we” refers to the owner of the website, iConfiDent, a California corporation located at 466 Green Street, Suite 201, San Francisco, CA 94133. The term “you” refers to any registered and unregistered user or viewer of our website, and the term “customer” refers to any registered user.

2.DESCRIPTION OF OUR SERVICE

We provide registered users access to a web-based Implant Management System (“IMS”) designed to streamline dental implant procurement for dental professionals. Specifically, IMS currently contains (1) patient treatment planning and case management features, (2) an “implant wizard” which allows users to choose implant systems and components from multiple manufacturers, and (3) an electronic archive for patient and order records (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new iConfiDent functionalities and properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that iConfiDent assumes no responsibility for the accuracy, timeliness, completeness, safety, effectiveness or suitability for any particular purpose of the information and materials recommended, found or offered on this website. Your use of any information or materials on this website is entirely at your own risk. The Services are intended to be of assistance to you, but it shall be your own responsibility to confirm and ensure that any products, services or information available through this website meet your specific requirements. In order to use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay the then-current service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

3.REGISTRATION DATA

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and your method of payment as prompted by the website¹s registration form (such information being the “Registration Data”); and (b) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete.

4.PRIVACY POLICY

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, please see our full privacy policy

5.MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from (i.e., log out of) your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. Unauthorized use of the Service or this website may give to a claim for damages and/or be a criminal offense.

6.SUBSCRIPTION FEES AND PAYMENT TERMS

You may obtain access to the Service on a prepaid monthly or annual basis. Currently, the monthly fee is $59.95 for specialists (oral surgeons, periodontists, prosthodontists, orthodontists, endodontists) and labs, and the annual fee is $649.95. The monthly fee for general dentists is $24.95. A free version, “DDS Lite”, is for general dentists only. This version does not allow you to create new cases nor share cases with other users of the Service. You will have opportunity to choose your fee arrangement (monthly or annual) and your payment method for the Service during the registration process. Unless you are participating in a promotional free trial period (or other promotions), pre-payment of fees is required before you will be assigned a password and account number and otherwise given full access to the Service. If you are participating in a promotional free trial period, such pre-payment of fees is required upon expiration of such trial period in order for you to be able to continue to use your password and account number and otherwise have full access to the Service. iConfiDent reserves the right to change the amount and/or price structure for access to the Service (or any portion thereof) at any time; provided however, pricing is guaranteed for the period covered by any prepaid amount in respect of the features of the Service existing as of the date such prepayment is made. Payment is due on the anniversary of your registration each month or year following the date the account is established. Customers will automatically be charged on a monthly or annual basis, as applicable. You are responsible for all money owed on the account from the date it is established to the date that you send a cancellation request in writing via mail, email, facsimile or through the website to iConfiDent. Cancellation will take effect as of the next business day following receipt by iConfiDent of the cancellation notice and is subject to the provisions of Section 7.

At this time, orders for implant materials and components may not be made on this website but must be placed by you directly with the applicable manufacturer(s) or distributor(s). iConfiDent does not manufacture or sell implants or their associated parts and materials and will not charge you in connection with any orders you place directly with any manufacturer or distributor in connection with your use of the Service.

The manufacturer suggested retail price (MSRP) for all implants and implant associated parts and materials in the IMS database is provided to you and is based upon information that is available to iConfiDent. You may find that actual prices will vary. In addition, iConfiDent¹s website does not post any shipping, taxes or other fees that may be associated with or charged in connection with any order for implant parts and materials. Under no circumstances shall iConfiDent be liable to you for any differences between the prices quoted on its website and the actual prices that are charged by manufacturers and distributors in connection with any order for implant parts or materials.

7.CANCELLATIONS AND REFUNDS

iConfiDent reserves the right to cancel the Service or your account at any time for any reason. Likewise, you may cancel account at any time for any reason. You may cancel your account by sending a cancellation request in writing via mail, email, facsimile or through the website to iConfiDent. Cancellation will take effect as of the next business day following receipt by iConfiDent of the written cancellation request.  We do not offer any refunds on monthly nor yearly licenses.

8.AVAILABILITY OF SERVICE

Every effort is made to keep the Service and this website up and running smoothly during extended business hours. However, as mentioned above, the Service is provided “AS-IS,” and iConfiDent takes no responsibility and will not be liable for the Service being temporarily unavailable due to regularly scheduled downtime for system maintenance or episodes involving occasional or unforeseen technical issues. We will endeavour to provide you with advance notice on our website regarding any scheduled downtime.

9.CUSTOMER SERVICE

If you have questions concerning your account, please contact our customer service department by emailing us at support@iconfident.com or sending us a message through our website. We can also be reached by telephone at (415) 956-2500.

10.MODIFICATIONS TO SERVICE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that iConfiDent shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service beyond such refund amounts as may be owed you in the event the Service is discontinued for any period for which you have prepaid, subject to the limits set forth in Section 7.

11.HIPAA COMPLIANCE

We intend that the Service be maintained by us and utilized by our customers in a manner which will assist our customers in their efforts to become compliant with the Health Insurance Portability and Accountability Act of 1996, as amended from time to time (“HIPAA”). On our end, we have created specific policies and procedures and have reviewed them with HIPAA experts for completeness and applicability. We have made every effort to assure your patients¹ data is safe and secure under our supervisions and review our practices on a regular basis to assure this in the future. However, HIPAA requires our customers to address internal policies, procedures and practices in ways that extend beyond the scope of our products and services. It is not possible for us or any other web-based application to make our customers “HIPAA-compliant.” While we will continue to provide our customers with product upgrades and information that will assist customers in becoming compliant, we also strongly encourage our customers to become familiar with all HIPAA regulations and how they impact their own respective practices.

12.INDEMNITY

You agree to indemnify and hold iConfiDent, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys¹ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, your violation of any rights of another or your violation of any applicable laws or regulations (including without limitation HIPAA), including without limitation (1) any injury to person or property caused by you or your use of any products sold or otherwise distributed to you in connection with your use of the Service; (2) or any loss suffered as a result of any defective or incorrect product sold to you in connection with your use of the Service.

13.NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service or access to the Service.

14.GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that iConfiDent may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that customer data (including case management, patient and implant order data transmitted by the customer to the Service) will be retained by the Service, the maximum amount of data storage that shall be allotted to each customer and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that iConfiDent has no responsibility or liability for the deletion or failure to store any case management, patient or implant order data maintained or transmitted by the Service. You further acknowledge that iConfiDent reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

15.ACCOUNT DEACTIVATION AND REMOVAL OF DATA

iConfiDent reserves the right to disable your access to your account and to remove any Data you may have stored on the Service (including patient data) under the following circumstances: (i) at the end of any promotional trial period, if you do not elect to become a paid subscriber of the Service; (ii) upon expiration of your pre-paid membership period, if you do not renew, or upon cancellation of your subscription; and/or (iii) if your credit card is declined upon renewal of your subscription or if your card issuer (or its agent or affiliate) seeks return of payments previously made to iConfiDent.

iConfiDent will notify you via email to your email address that you have registered with the Service that your access to the Service will be deactivated and that any Data residing in your account at the time of deactivation will be deleted.

“Data” means the information, data, text, images, messages and all other like materials you generate and maintain through your account on the Service.

16.DEALINGS WITH MANUFACTURES, DISTRIBUTORS AND ADVERTISERS

Your correspondence or business dealings with manufacturers, distributors or advertisers listed in or found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such manufacturer, distributor or advertiser. You agree that iConfiDent shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such manufacturers, distributors and advertisers on the Service.

17.LINKS

The Service may provide links to other Internet sites or resources. Because iConfiDent has no control over such sites and resources, you acknowledge and agree that iConfiDent is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that iConfiDent shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

18.ICONFIDENT’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in, or information presented to you through, the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by iConfiDent, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

iConfiDent grants you a personal, single-user, non-transferable and non-exclusive right and license to use the Software through the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by iConfiDent for use in accessing the Service.

Although any redistribution or reproduction of part or all of the content in our website or available through the Service is prohibited, you may print or download to a local hard disk extracts for your personal business use only.

19.DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a)YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ICONFIDENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b)ICONFIDENT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS; SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c)ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d)ICONFIDENT DOES NOT GUARANTEE OR WARRANT THAT ANY DATA YOU MAY HAVE IN YOUR ACCOUNT WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION OR DESTRUCTION. YOU ARE RESPONSIBLE FOR BACKING UP, ON YOUR OWN COMPUTER, ANY IMPORTANT PATIENT DATA, DOCUMENTS, IMAGES OR OTHER DATA STORED ON THE SERVICE. ICONFIDENT WILL NOT BE RESPONSIBLE FOR ANY ARCHIVING OR BACKUP OF ANY SUCH INFORMATION. FURTHER, IF ANY DATA IN YOUR ACCOUNT AND STORED ON THE SERVICE IS DAMAGED, LOST OR CORRUPTED IN ANY WAY, ICONFIDENT WILL HAVE NO OBLIGATION OR LIABILITY TO YOU.

(e)NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ICONFIDENT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

20.LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ICONFIDENT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ICONFIDENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

21.NOTICES

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

22.COPYRIGHT AND TRADEMARK NOTICES AND DISCLAIMERS

All contents of our Service and our website are: Copyright © 2007 iConfiDent and/or its suppliers, 466 Green Street, Suite 201, San Francisco, CA 94133 U.S.A. All rights reserved.

iConfiDent, the iConfiDent logo, Implant Management System and IMS trademarks and service marks, and other iConfiDent logos and product and service names used by iConfiDent from time to time are trademarks of iConfiDent (the “iConfiDent Marks”). Without iConfiDent’s prior permission, you agree not to display or use in any manner, the iConfiDent Marks.

iConfiDent is not an agent of or in any way associated with Straumann, Nobel Bio-Care, Atlantis and/or any other provider of implant and/or implant parts or materials. The names and respective trademarks of these companies whose catalogue of products has been incorporated into the Service are not owned by iConfiDent and are used on our website for the limited purpose of accurately identifying these companies’ respective dental products.

23.GENERAL TERMS

The TOS constitute the entire agreement between you and iConfiDent and govern your use of the Service, superseding any prior agreements between you and iConfiDent. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and iConfiDent shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and iConfiDent agree to submit to the personal and exclusive jurisdiction of the courts located within the County of San Francisco, California. The failure of iConfiDent to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

iConfiDent’s Online Privacy Policy

This Privacy Policy describes how iConfiDent uses and protects any information that you give iConfiDent when you use our website.

iConfiDent is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used in accordance with this Privacy Policy.

iConfiDent may modify this Privacy Policy from time to time by updating this page. You should check this page from time to time to ensure that you are satisfied with any changes. This policy is effective from October 1, 2007.

What we collect

We may collect the following information:

  • name and job title
  • company name
  • contact information including email address and billing address
  • demographic information such as postal code, preferences and interests
  • other information relevant to customer surveys and/or offers
  • payment information
What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
  • We may use the information to customize the website according to your interests.
  • We will not share this information with any third parties without your consent.

Security

iConfiDent takes information security very seriously and uses reasonable administrative, technical and managerial measures to protect your personal information from unauthorized access. For example, we utilize Secure Sockets Layering, an industry-standard protocol of your transmissions to us, in order to encrypt the personal information that you send to us through the registration and sign up process. We store your email address and payment information in an encrypted form.

You are responsible for maintaining the confidentiality of your account information and for restricting access to your computer or mobile device through which you access your iConfiDent account. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the iConfiDent Web site.

Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your personal information and cannot assume liability for improper access to it. By using the Service, or providing personal information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this site.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by this Privacy Policy. You should exercise caution and look at the privacy statement applicable to the website in question.

Disclosure of Personal Information

Except as otherwise disclosed to you, we will not sell, rent or disclose your personal information to third parties without notifying you of our intent to share the personal information in advance and giving you an opportunity to prevent your personal information from being shared.

We may use other companies, agents or contractors to perform services on our behalf. For example, we have partnered with other companies to personalize and optimize our web pages, process credit card transactions, collect debts, analyze and enhance data, including customers’ interaction with our site and process consumer surveys. In the course of providing such services, these other companies may have access to your personal information. These companies are not permitted to use your personal information except for the purpose of providing the services we request of them.

From time to time, we may partner with companies whose products we believe will interest our users. In conjunction with these partners, we may send promotional announcements and/or serve web-based advertisements to our customers on their behalf. You can go to the Email Subscriptions page under Your Account and request that your name be excluded from these mailings for our marketing partners. In addition, we may offer joint promotions or programs that, in order for participation, will require personal information be shared with third parties. In such instances, you will be provided with notice of the sharing prior to your decision to participate.

iConfiDent also reserves the right to disclose personal information when we reasonably believe disclosure is required by law, if we reasonably believe disclosure is necessary to establish or exercise legal rights, or in situations involving potential threats to physical safety. In the event that iConfiDent is acquired by or merged with a third party, we reserve the right, to sell or otherwise transfer the personal information we have collected as part of that transaction provided that such third party continues to honor our Privacy Policy.

Changes to This Policy

As we update and expand our services, we may make changes to this policy. You should check back for updates to this policy from time to time. If the changes result in materially less protection for your personal information than that provided in this policy, we will make reasonable efforts to inform you and obtain your consent to the changes. Like our Terms of Service, of which this policy is a part, your use of the iConfiDent’s website or continued use of our service after our efforts to inform you of any changes means that you agree to be bound by such changes.

Last updated: June 2010