Terms

Dentalore- Terms of Service

Effective Date – November 22, 2020

Please take a moment to read carefully through these Terms of Service. By accessing or using any part of the Services (as defined below), you signify your agreement to these Terms. If you do not agree to these Terms, you may not access or use any Service.

Nebras Technology – Dentalore . or its affiliates (“We” or “us” ) is pleased to provide you its online service, including services enabling users to manage their dental clinic with a scheduler, patients’ management tools, financials, and other services.

These Terms of Service (“Terms”) govern all use of Dentalore’s online services and applications, including nebras-dentalore.com, clinic.nebras-dentalore.com websites, any other content, features, materials, widgets, and/or online services offered through Dentalore (collectively, the “Service”).

These Terms include a release by you of, and limitations on, claims for certain damages against us that may arise out of your use of the Service. By using the Service, you are agreeing to the release and limitations.

We advise you to store and/or print a copy of these Terms and keep them for your reference.

  1. PRIVACY POLICY

We believe your privacy is very important. Please review our Privacy Policy to learn more about our privacy practices and how we will use any data we receive. By accessing or using the Service, you acknowledge that you have read, understood, and accepted our Privacy Policy, which is incorporated into these Terms by reference.

  1. ACCESS

Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, license, with no right to sub-license or create derivative works (except to the extent required to be permitted by law), to download, install, access and use the Service solely for your personal, non-commercial use on computers and/or devices that you own or control. This license is subject to you: (a) not copying our software; (b) not removing, modifying, or obscuring any copyright, trademark, or other proprietary rights notices on the Service; (c) not reverse engineering, decompiling, or disassembling the Service; and (d) not accessing, creating or modifying the source code of the Service in any way.

We reserve any and all rights not expressly granted to you according to this agreement. The limited rights granted to you to download, install, access, and use the Service comprise a limited license and do not constitute the sale of any software program.

You alone are responsible for any costs you incur to access the Internet.

  1. ACCOUNT

To access some features of the Service, you may be required to create an account(s) or connect via a third party social network like Facebook or Twitter. When creating an account on the Service, you agree that all account registration information you submit will be accurate and updated. You are prohibited from choosing a user ID: (a) that is subject to the rights of another person without permission; (b) with the intent to impersonate another person, entity, business, or organization; or (c) that is inappropriate, offensive or obscene. We reserve the right to refuse account registration or to suspend or terminate your account for any reason or no reason.

In the process of creating an account, you will be required to provide a valid email address so that we may contact you about your account, service updates and/or interruptions, provide you with newsletters, and promote special offer(s), including third-party offers. All information that you provide to register with the Service is subject to our Privacy Policy.

You must keep your account information secure and confidential, and you agree to notify us immediately of any unauthorized use of your account and agree that Dentalore is not liable for any loss or damage arising from your failure to safeguard your password. You agree that you will be solely responsible (to Dentalore, and others) for all activity that occurs on your account.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in any account stored or hosted on the Service, and you further acknowledge and agree that all rights in and to such accounts are and shall forever be owned by and inure to the benefit of Dentalore. You may not transfer, share, or make available your account information to others. Any distribution by you of your account information may result in suspension, termination, or cancellation of your access to the Service.

  1. USE RESTRICTIONS

Your license to use the Service is conditioned upon the following restrictions:

You agree that you will not under any circumstances:

  • use the Service for any unlawful, harassing, unethical or disruptive purpose or for the promotion of illegal activities;
  • use the Service for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
  • use the Service to post, transmit, or cause to be posted or transmitted any content that constitutes spam;
  • use, reproduce, or remove any copyright, trademark, or other proprietary notions from any the Service or third party partner materials;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • tamper, interfere with, or disturb the Service’s functionality;
  • decompile, disassemble, reverse engineer, or reverse assemble the Service or any part of it, or otherwise attempt to discover any the Service source code or underlying proprietary information;
  • bypass any measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
  1. CONTENT PROVIDED BY YOU

Once registered on the Service, you may have the opportunity to publish, transmit or otherwise make available certain content, including user notes, photos, images, and other material or information (collectively, “User Content”). You are solely responsible for the User Content that you post on the Service.

By posting and transmitting any User Content while using the Service, you agree that:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not publish information that is malicious, false, or inaccurate;
  • You will not publish information that improperly claims the identity of another person

You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your activities on the Service.

  1. CONTENT PROVIDED BY US

Except for User Content submitted by you, all other content, software (including source code), logos, icons,” text, graphics, images, video clips, sound clips, notices, data, page layout, and selection and arrangement of the content on the Service is either owned by us or licensed to us, and is subject to copyright, trademark rights, and other intellectual property rights of Dentalore or our licensors. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Dentalore or, where applicable, Dentalore ‘s licensors. Dentalore and its licensors reserve all rights not expressly granted in and to their content. Any third party trademarks present on the Service are trademarks of their respective owners. Any images of persons or personalities contained on the Service are not an indication or endorsement of Dentalore or any particular product or Dentalore ‘s service unless otherwise indicated.

 

  1. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts. Dentalore respects the intellectual property rights of others and requests that our users do the same. we have implemented a policy that provides for the termination in appropriate circumstances of users who are repeat infringers. We may terminate access for users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification according to by email contactus@nebrastech.com

  1. The date of your notification;
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. A description of the copyrighted work claimed to have been infringed;
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
  6. A statement 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; and
  7. 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 owner of an exclusive right that is allegedly infringed.

We will respond expeditiously to claims of copyright infringement using the Service that are reported to our copyright agent in the notification explained above. It is our policy, in appropriate circumstances, and at our sole discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others. We reserve the right to remove User Content alleged to be infringing at any time without prior notice and at our sole discretion.

(c) Counter-Notices. If you believe that User Content that has been removed from the Service is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or according to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1. The date of your notification;
  2. A description of the content that has been removed and the location at which the content appeared before it was removed;
  3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

We will respond expeditiously to claims of copyright infringement using the Service that are reported to our copyright agent in the notification explained above. It is our policy, in appropriate circumstances, and at our sole discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others. We reserve the right to remove User Content alleged to be infringing at any time without prior notice and at our sole discretion.

  1. THIRD-PARTY SITES

The Service may enable you to access other sites, including Google. By using the Service, you are also agreeing to the Google Terms of Service. When you click a link, we may not warn you that you have left the Service and are subject to the terms and conditions (including privacy policies) of another website or destination. These sites and apps are not owned or controlled by Dentalore, and as a result, we are not responsible or liable for, and you release us from, any loss or damage incurred by you as a result of any dealings between you and these third parties, or the failure of these third-party sites or apps to function properly. The inclusion of any link or grant of access on the Service does not imply or express an affiliation or endorsement of the site or app or its contents. The Service may also enable you to share content from the Service with a third party, which may be publicly posted on that third party’s site or application, and would therefore be subject to the third party’s terms of service and privacy policy. You are responsible for reading the third party’s terms of service and privacy policy, and you acknowledge that Dentalore is not responsible or liable for, and you release us from, any loss or damage incurred by you as a result of your access and interaction with such third parties.

 

  1. WARRANTY DISCLAIMER

YOU AGREE THAT USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE SERVICE IS PROVIDED “AS IS, AS AVAILABLE” WITH ALL FAULTS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. DENTALORE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SECURITY, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. NEITHER DENTALORE NOR ITS SUPPLIERS AND LICENSORS MAKES ANY WARRANTY NOR GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, RELIABLE, OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE SERVICE WILL BE TIMELY AND UNINTERRUPTED.

 

  1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, IN NO EVENT SHALL DENTALORE, ITS DIRECTORS OR EMPLOYEES, OR ITS LICENSORS AND PARTNERS (THE “DENTALORE PARTIES”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, HOWEVER ARISING, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) YOUR USE OR MISUSE OF THE SERVICE OR ANY PART OF THE SERVICE; (B) ANY CLAIM THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY; (C) YOUR BREACH OR ALLEGED BREACH OF ANY PROVISION OF THESE TERMS; (D) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (E) ANY USER CONTENT YOU POST OR SHARE ON OR THROUGH THE SERVICE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, REGARDLESS OF THEIR ORIGIN; (G) ANY OTHER INTERACTION WITH THE SERVICE OR ANY OTHER USER OF THE SERVICE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. YOU AGREE THAT YOUR ONLY RIGHT concerning ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO DISCONTINUE USE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, IN NO EVENT WILL Dentalore’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES OR LOSSES EXCEED THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID Dentalore TO USE THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1. INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE DENTALORE PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, TAXES, FINES, PENALTIES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR ANY APPLICABLE LAWS OR YOUR USE OF THE SERVICE. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

  1. DISPUTE RESOLUTION AND GOVERNING LAW

THIS SECTION APPLIES TO ALL USERS OF THE SERVICE TO THE FULLEST EXTENT ALLOWABLE BY LAW. BY ACCEPTING THESE TERMS YOU EXPLICITLY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST Dentalore

 

  1. CHANGES TO TERMS

We are constantly updating the Service, and that means we reserve the right to update these Terms for any reason. If we make changes that are material, we will attempt to notify you, including by updating the “LAST MODIFIED” date at the top of these Terms. However, it is your sole responsibility to review the Terms from time to time to view any such changes. If you continue to use the Service, you signify your agreement to our revisions to these Terms. If you disagree with any of our changes, you should discontinue your use of the Service.

  1. TERMINATION

We reserve the right to change, suspend or discontinue (temporarily or permanently) the Service at any time, with or without cause, and may not be able to provide you with prior notice of such changes, suspension, or discontinuation. We are not liable to you or any third party for any changes, suspension, or restriction to, or termination of the Service.

  1. GENERAL TERMS

If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law, and the remaining portions will remain in full force and effect. Any failure on the part of Dentalore to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.

We may assign or delegate these Terms and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you are void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

  1. CONTACT

If you have questions about these Terms, please email us at http://www.nebras-dentalore.com/contact.php

Nebras Technology develops health care information systems designed to improve the productivity, quality of service, and profitability of dental clinics, radiology centers, and endoscopy departments.