Accessing Our Site
1.1 Public Site
We make our site available without registering or obtaining a password. You may access and use our site so long as you comply with these Terms. This includes linking to information appearing in our site, provided you do not represent yourself as an employee, agent or representative of Dr. Dennis Cochran. Personal use also includes temporary caching by your browser or a proxy server. If you operate a free, public search engine that has made a public commitment to adhering to the robots.txt protocol, together with our sitemaps and Crawl-delay directive (collectively, the “Protocol”), you may crawl, index and publish hyperlinks (including so-called “deep links”) to our site, so long as (i) you do so in compliance with the Protocol instructions published in applicable locations, (ii) you do not directly or indirectly receive payment or compensation in connection with the provision or display of said hyperlinks and cached pages, and (iii) if your user-agent is disallowed by us in our Protocol instructions or we otherwise notify you in writing, you shall cease all crawling of our Services. We call such a free, public search engine satisfying the requirements of clauses (i) through (iii), a “Public Search Engine,” and the Public Search Engine’s combined performance of clauses (i) through (iii), collectively, “Public Search Site.” We may revoke the foregoing authorizations at any time as indicated in our Protocol instructions. We reserve all rights not expressly granted to you. This means that if you wish to use the site in a way that is not authorized above, you must receive our permission prior to such use.
1.3.1 Patient Portal Overview
1.3.3 Regulations Concerning Information
We do not disclose or share information regarding your dental records. Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), and the regulations adopted thereunder. If you wish to restrict the disclosures that your provider makes of your health information, please contact your Provider directly. Like your provicer, we, are subject to laws and regulations, including HIPAA, which govern the use and disclosure of certain personal and health information.
We are also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable information we store and process on your.
You expressly agree that access and use of our site is at your sole risk. We do not make, and hereby disclaim, any representations or warranties, express, implied, or statutory, regarding (a) the site; (b) products and services offered through it as part of the use of our Services, including (without limitation) implied warranties of merchandise, dental devices, third party rights, and any warranties arising by course of dealing or custom of trade. We make no representation or warranty that any material, content, products, or services displayed on or offered through our services are accurate, complete, appropriate, reliable, or timely. We also make no representations or warranties that our services will meet your requirements, or that your access to and use of our services will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise will be secure. You expressly acknowledge that the services or any part thereof is being provided by your provider simply as a tool for communication and it is not being provided by us to you for the medical advice that a provider/user may provide to patients, or a third-party may provide to provider/user and/or their patients, through use of it. In this respect, we disclaims any responsibility whatsoever for any medical advice that may be provided by a provider using our services for their patients.
1.5 Additional Safeguards
To further protect the confidentiality, integrity and availability of the information housed and shared on our services, as well as the stability of our services, you agree to the following additional safeguards. Accordingly, you agree that you will not, nor will you attempt to:
Access, use or disseminate our site, nor any information or files accessible via our services, in a manner that violates any applicable law or regulation or the rights of any individual or entity; sell or transfer any information included in our services or use such information to market any product or service – including by sending, or facilitating the sending of, unsolicited emails or spam; probe, scan or test the vulnerability of our site, or our mailing system or network supporting our site, or circumvent any security or authentication measures; disable, bypass, defeat, avoid, remove, deactivate or otherwise circumvent any technical measures we have implemented to safeguard the stability of our site, or the confidentiality, integrity or availability of any information, content or data hosted or housed on our services; introduce to our services any software, code or other device that in any way (i) permits unauthorized access to our systems or any software, hardware, files or data located thereon, (ii) disables or damages or otherwise interferes with or adversely affects the operation of our systems or any software, hardware, files or data located thereon, or (iii) overburdens or interferes with the proper functioning of our services; disassemble, decompile or reverse engineer our services; harvest, retrieve, index or publish any portion of our services unless you are a Public Search Engine engaging in Public Search Services; disable or circumvent our API usage safeguards, including safeguards designed to regulate the nature or amount of data you are permitted to extract from our Services, or the frequency of which you may access such data; or make calls to our API other than those authorized in our API documentation; remove any copyright, trademark or other proprietary rights notices contained in or on our Services; or engage in any activity other than those expressly permitted in these Terms and your User Agreement(s).
1.6 Use of Services by Consumers
The Dr. Dennis Cochran allows consumers to post and view reviews of patients that are subscribers of the Dr. Dennis Cochran website and to receive and respond to email and SMS communications from participating businesses. As a condition of use, you agree to the following:
You acknowledge that the service is for personal use only. You agree that you will not use our site for commercial purpose.
You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
You will not transmit any worms or viruses or any code of a destructive nature.
You will comply with all applicable laws in your jurisdiction (including but not limited to intellectual property laws).
You will not use the service for any illegal or unauthorized purpose.
You acknowledge that your use of the site may involve the transmission of private information, including potentially personal dental information, via unsecure means such as email.
1.7 Use of the Site by or on Behalf of Minors
Unless you are at least 18 years of age or older, you are not eligible to use our site for obtaining credentials, or making purchases. You may not enter as a user without the ability to enter into a binding agreement without legal capacity. If you are a minor over the age of 13, you may only look at our site: (i) such use for purchases must be made by your parent or an approved legal guardian, (ii) site use under supervision, and (iii) he or she has agreed to these Terms (and, if applicable, User Agreement) on your behalf. If you are the parent or guardian of a minor, you may use the services and enter into a user agreement on behalf of such minor. By doing so, you represent and warrant that you have the legal capacity to act on behalf of such minor; and you acknowledge and agree, in such capacity, that all provisions of these Terms that are applicable to you and a minor.
2 Nature of the Content Appearing on Our Site
Our site may include text, data, graphics, images, video or other content (collectively, “content”) created by us or third parties, including other users, professionals, partners, advertisers, sponsors, consumers and governmental agencies. The content is provided for general informational purposes, but should not be relied upon as personal, professional, dental or regulatory decisions. And we do not ensure the completeness, timeliness or accuracy of the content that may only be achieved for an in-person evaluation.
2.2 Ratings; Surveys; Comments; User-Submitted Content
Our site allows you to access blogs, message boards, chat services, surveys and other forums where various users can share information, opinions, chats and other Content. We generally do not pre-screen or monitor user-submitted Content, and such Content may simply represent a user’s opinion or Content a user finds interesting. Our site may also include survey results, ratings, testimonials from patients, clients or other customers (“Patients”) of dentalcare professionals (“Professionals”) that may endorse, recommend, critique, analyze, evaluate or otherwise describe the Professionals and the nature or quality of the services received by such patient, client or customer. Such Evaluations are anecdotal first-hand accounts of individual Patients, and are neither professional judgments nor the product of medical science. Such Evaluations do not in any way constitute or imply our endorsement or recommendation of any Professional. Further, Evaluations are subject to errors and biases that are common in anecdotal first-hand accounts, and should not be presumed to be reliable or error-free.
Our site may include advertisements or promotional messages sponsored by third parties (collectively, “Ads”). The manufacturers, services providers, distributors and resellers of products and services identified in the Ads are solely responsible for the accuracy of their Ads and the suitability, efficacy, safety and quality of such products or services. An Ad does not in any way constitute or imply our recommendation or endorsement of such product or service.
2.5 Links to Other Sites
Our site may contain hyperlinks (including hyperlinked Ads) to websites operated by third parties, or to materials or information made available by third parties. Such links do not constitute or imply our endorsement of such third parties, or of the content of their sites, or the suitability, efficacy, safety or quality of their products or services, or the information privacy or security practices of their websites.
2.6 No Medical Advice
Some content may include dental-related information. Such content is provided for general informational purposes only. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services or otherwise. Nothing contained in our site should be intended to be a medical diagnosis or treatment. No dental professional/patient relationship is created by your use of our site nor the content. Always seek face-to-face evaluation for any questions you may have regarding a dental condition, and never disregard professional advice or delay seeking treatment based on content or other information included in the site. If you think you may have a dental emergency, call or seek help from a local professional immediately.
2.7 No Legal or Regulatory Advice
Some content may include regulatory related information pertaining to you or your business. Such Content is provided for informational purposes only. We are not providing legal or regulatory advice and no attorney/client relationship is created by your use of our site or the content. Accordingly, always seek the advice of your attorney or advisors with any questions you may have regarding a law, regulation, or dispute.
3 Your Interactions and Communications with Us and Our Site
3.1 Visiting Our Websites; Signing-Up for Our Services; Emailing Us
3.2 Your Participation in on our Social Sites
We may offer one or more sites for the exchange of information among our users. You acknowledge that any text, data, graphics, images, video or other content (“Content”) that you submit in any of our sites (including discussion groups, blogs, surveys, ratings, comment forms, or message boards, collectively, “Public Forums”) is available to the public. Notwithstanding the foregoing, we are under no obligation to display any of your Content that you submit, and we reserve the right to remove or edit your Content at any time, for any or no reason. It is important that you act responsibly when submitting Content to a Public Forum. You acknowledge that any Content that you submit in a Public Forum is available to the public. You are solely responsible for any Content that you post on the Public Forums or transmit to other users of our Services. You acknowledge that any information you post in a Public Forum may be available to the public, and may result in your receiving communications from others outside our Services. Your participation in our Public Forums is contingent on your acknowledgment and agreement with the following:
You will only disclose information about yourself on our website or a social site that you consider suitable for public disclosure. Do not disclose information that personally identifies you unless you intend for that information to be disclosed publicly. We strongly recommend that you refrain from disclosing any sensitive information about yourself on a Public Forum, including information about a dental condition.
You will not violate the privacy rights of others, including disclosing information about anyone else’s dental, medical, or financial condition or any other sensitive subjects.
You will ensure that any content that you submit is accurate. If you are rating or reviewing a professional, you agree to provide your honest appraisals of such professional, without using inappropriate language or making gratuitous personal criticisms.
You will not post any content that you do not have the right to post; you will not violate any person’s or entity’s intellectual property or proprietary rights, including copyrights, trademarks or trade secret rights.
You will not use the Service to harass, threaten, impersonate, or intimidate any person or business.
We will not be liable to you for any Content you submit to any Public Forum.
3.3 Removal of Content
You understand and agree that we may, but are not obligated to, monitor, edit or remove any content for any or no reason at any time. We are not responsible, however, for any delay or failure in removing any content.
3.4 Reporting Violations
We may provide you with tools with which to report violations of the provisions of these Terms. Notwithstanding the availability of such tools, you acknowledge and agree that we are under no obligation to take any action with respect to any such report.
3.5 Copyright Policy
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner, if someone other than you, of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and your contact information, including your address, telephone number, and email address.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Dr. Dennis Cochran will also terminate a user’s account if the user is determined to be a repeat infringer.
We reserve the right to monitor any and all use of our Services, and investigate any activity we suspect violates these Terms, a User Agreement, our rights or interest, or the rights or interests of any person or entity. We reserve the right, to the fullest extent permitted under law, to cooperate with any governmental authority or third party investigating conduct that may be illegal or harm any individual or entity or violates their respective rights. If, for example, a user threatens to physically harm another user or any other individual, we reserve the right to fully cooperate with law enforcement authorities and the threatened individual. You hereby consent to our cooperation in such investigation.
You will indemnify, defend and hold harmless Dr. Dennis Cochran and any of its affiliates, officers, directors, employees, agents, representatives, partners and licensors from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys’ fees, costs and disbursements, arising out of or in any way connected with your use of our Services.
4.4 Disputes; Governing Law; Jurisdiction
The interpretation of these Terms and the resolution of any disputes arising under these Terms shall be governed by the laws of the State of Illinois, without regard to its conflict of laws provisions. These Terms shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed. If any action or other proceeding is brought on or in connection with these Terms, you agree to submit to the personal jurisdiction of the state and federal courts, and agree not to bring any of action relating to the use of our Services or to these of these Terms in any court in any jurisdiction other than the state or federal courts. We shall have the right to commence and prosecute any legal or equitable action or preceding before any US or non-US court of competent jurisdiction to enforce these Terms or to protect our or any third party’s rights in our Services or any data, information or other content made available via our Services. You hereby waive any right to a jury trial. You also agree that we may bring suit in court to enjoin any violation of these Terms without the posting of a bond or security, in addition to whatever remedies we might have at law. In any dispute between you and us where we prevail, we shall be entitled to recover our reasonable attorney fees, court costs, disbursements, and other legal expenses.
You agree and acknowledge that we may suspend or terminate your authorization to access any of our Services, with or without notice or cause, for any or no reason, and without any liability to you. Sections 4.1 through 4.16 shall survive any termination or expiration of these Terms.
4.6 Disclaimers and Limitations on Liability
Access to our services and the information and content contained thereon is provided “as is” and “as available” and we hereby expressly disclaim all warranties of any kind, whether expressed, implied, statutory or otherwise, including but not limited to, the implied warranties of merchandise, dental devices, for a particular purpose, non-infringement and title. We do not warrant that the services will be uninterrupted, error free or without breaches of security and you agree that you are solely responsible for any and all acts or omissions taken or made in reliance on our services or the information in our services, including inaccurate or incomplete information. We expressly disclaim any liability with respect to any injury caused by any user, or any damage suffered by any user, as a result of the actions or inactions of any other user. If you are dissatisfied with our services or any content, your sole and exclusive remedy is to discontinue using and accessing our services. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so in these jurisdictions the above limitations or exclusions may not apply to the user.
4.7 Risks You Assume
Without limiting any of the other risks we have disclosed to you in these terms, you are solely responsible for your use of our services, including any content you submit to use and you expressly acknowledge and agree that your use and access to our services and the information and content contained therein, and any sites linked through our services and any data transmitted through our services is at your sole risk. Accordingly, we do not assume any liability to you for or relating to any of your actions, including the publication of any content you submit or our exercise of the rights you grant to us with respect thereto.
4.8 Limitation of Liability
You expressly understand and agree that Dr. Dennis Cochran and the Dr. Dennis Cochran affiliates will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages that may be incurred by you, however caused. This includes, but is not limited to, any loss of profits, goodwill or business reputation; any loss of data; any repercussion of the publication of any user content you provide to Dr. Dennis Cochran; any cost of procurement of substitute goods or service; or any other tangible or intangible losses. This also includes any loss or damages that may be incurred by you as a result of (a) any changes that Dr. Dennis Cochran may make to the service; (b) any permanent or temporary cessation of or error in the service; (c) the publication of any user content you provide to Dr. Dennis Cochran; or (d) the deletion or corruption of or failure to store any content or other property maintained through the service. The limitations and exclusions of liability above shall apply irrespective of the theory of liability, including contract (including fundamental breach), warranty, product liability, strict liability, tort (including negligence), or other theory, even if we (or our affiliates) have been advised of the possibility of such damages. You specifically acknowledge that Dr. Dennis Cochran and the Dr. Dennis Cochran affiliates shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
If any provision of these Terms is deemed invalid or unenforceable, then (a) that provision shall be construed to the extent necessary to make it valid and enforceable in such a manner as comes closest to preserving the intentions of such provision, and (b) the remaining provisions shall remain in full force and effect.
4.11 No Waiver
Our failure at any time to require performance by you of any provision of these Terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself.
4.14 Electronic Contracting
Your use of our site includes the ability to enter into agreements and/or to make electronic transactions to schedule dentistry. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements applies to all transactions you enter into on the site, including appointments, services, dental devices, and other products. Contract per item is stated on each page of purchase.
We may update or change our site or the provisions set forth in these Terms from time to time and recommend that you review these Terms on a regular basis. You understand and agree that your continued use of our site after these Terms have been updated or changed constitutes your acceptance of the revised Terms. The most current version of the Terms shall govern and supersede all previous versions.