Terms and Conditions
TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
2. Description of Products and Services. intelledent.com and kidsteledentistry.com helps you to do tele dentistry thus helping your patients facilitate the transmission of their information and pictures to you remotely so you can advise or render treatment as needed. Please note since health information is being transmitted we require you or and your staff or any personal involved with using the data in guidelines with the HIPPA Policy. Also please see the HIPPA Policy section on our website kidsteledntistry.com.
Because intelledent.com and kidsteledentistry.com partners with other companies to provide its services, you may be required to abide by the Terms and Conditions of these other rewards companies, such as Twilio.com or Google or others. Those Terms and Conditions will be available on the websites of the individual companies.
This site does not process credit cards, or take other payment processing information. Payment processing if needed is handled through third-party services, such as Paypal.com. In the event you sign up for a service that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance of service.
3. Registration Obligations. In consideration of your use of the Site, you represent that you are a legal resident of the United States, of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or your state of residence. When you provide us personal information for the delivery of information to a recipient other than yourself, you represent that you have the necessary consent to provide that third party’s information to us. You also agree to provide true, accurate, current and complete answers to questions we ask in order to provide certain Services. If you provide any information that is untrue, inaccurate, not current or incomplete, or intelledent.com and kidsteledentistry.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, intelledent.com and kidsteledentistry.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You certify that you are at least 13 years old; if you are not, you may not register for or use the Service.
4. Account, Password, and Security. As part of your use of the Service, you may receive a password and account designation upon completing the Service’s 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 immediately notify intelledent.com and kidsteledentistry.com of any unauthorized use of your password or account or any other breach of security. intelledent.com and kidsteledentistry.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. Ownership. For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by intelledent.com and kidsteledentistry.com or its affiliates. All content included on this site is and shall continue to be the property of intelledent.com and kidsteledentistry.com or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
6. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.
7. Trademarks. [Trademark], [trademark], [trademark], and others are either trademarks or registered trademarks of intelledent.com and kidsteledentistry.com. Other product and company names mentioned on this Site may be trademarks of their respective owners. You acknowledge and agree that the Site and any necessary software used in connection with the Site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Site is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by intelledent.com and kidsteledentistry.com, you agree not to modify, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
8. Site Use. intelledent.com and kidsteledentistry.com grants you a limited, revocable, nonexclusive license to use this site solely for your own personal/practice use for rendering advice/treatment and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law.
More specifically, you agree not to violate or attempt to violate the security of any Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products and/or services; (g) attempting to interfere with or disrupt the Site or servers or networks connected to the Site; (h) violate or attempt to violate any applicable local, state, national or international law, or any regulations having the force of law, including (but not limited to) engage in any activity involving credit card fraud, money laundering, or identity theft; (i) creating content which is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content; or (j) creating content which victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
You acknowledge, consent and agree that intelledent.com and kidsteledentistry.com may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of intelledent.com and kidsteledentistry.com, its users, and the public.
The use of this website is at the discretion of intelledent.com and kidsteledentistry.com and intelledent.com and kidsteledentistry.com may terminate your use of this website at any time.
9. Third Party Content. intelledent.com and kidsteledentistry.com does not control the information posted by third parties (“Third Party Content”) via the Site, and as such, does not guarantee the accuracy, integrity or quality of such Third Party Content. Under no circumstances will intelledent.com and kidsteledentistry.com be liable in any way for any Third Party Content, including, but not limited to, any errors or omissions in any Third Party Content. intelledent.com and kidsteledentistry.com is not and shall not be responsible or liable for the accuracy, usefulness or availability of any Third Party Content transmitted or made available via the Service.
intelledent.com and kidsteledentistry.com grants you permission to access and view the Site for the purposes stated on the Site. Any other use of the Site, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of the Site or Third Party Content. Without limiting the foregoing, unauthorized use of the Site or Third Party Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.
10. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
11. Indemnification. You agree to indemnify, defend and hold intelledent.com and kidsteledentistry.com and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
12. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. intelledent.com and kidsteledentistry.com DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL intelledent.com and kidsteledentistry.com BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES TO ANY THIRD PARTY, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
15. Intellectual Property. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A 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; and
(f) 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.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is [name of agent for notice], who can be reached as follows:
By E-mail: [firstname.lastname@example.org]
16. Applicable Law and Jurisdiction. You agree that the laws of the state of New Jersey, without regard to conflicts of laws provisions, will govern these Terms and Condition of Use and any dispute that may arise between you and intelledent.com and kidsteledentistry.com or its affiliates. You and intelledent.com and kidsteledentistry.com agree to submit to the personal and exclusive jurisdiction of the courts located within Mercer County, New Jersey. Any claim arising out of, relating to, or concerning any interpretation, construction, performance, or breach of this Agreement, will be settled by arbitration to be held in Mercer County, New Jersey, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in the dispute or controversy. The decision of the arbitrator will be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. You and intelledent.com and kidsteledentistry.com will each pay one-half of the costs and expenses of the arbitration, and each will separately pay their own counsel fees and expenses. Any action brought by you with respect to any service or product offered by intelledent.com and kidsteledentistry.com or anything related to the Site must be brought, if at all, within one (1) year from the accrual of such cause of action.
17. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
18. Waiver. The failure of intelledent.com and kidsteledentistry.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by intelledent.com and kidsteledentistry.com must be in writing and signed by an authorized representative of intelledent.com and kidsteledentistry.com.
19. Termination. intelledent.com and kidsteledentistry.com may terminate this Agreement at any time, with or without notice, for any reason, including, without limitation: (a) breaches or violations of the Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to our services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities in connection with our services. Termination of this Agreement may include deletion of your password and all related information, content, and files associated with your account, and removal of access to all offerings made by intelledent.com and kidsteledentistry.com. In addition, intelledent.com and kidsteledentistry.com will not be liable to you or to any third party for any damages of any kind associated with the termination of your account, your associated e-mail address, or your access to this Site. In the event of termination of your account, your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
20. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
22. Section Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
23. Contact Information.
intelledent.com and kidsteledentistry.com