Notice: Published August 13, 2021. Effective as of August 18, 2021. These Terms replace and supersede all prior versions.
Website and/or Network Services
denTEL provides lead generation Website and/or Network Services to validly registered Dental Providers on a subscription and pay-per-lead (“PPL”) basis (collectively, the “Website and/or Network Services”). It is understood that Members registering at denTEL’s Website to participate in the denTEL Network of Dental Providers (the “Network”) may require assistance with matters that fall outside their practice areas or that require a local Dental Provider outside of the Dental Provider’s geographic area. In such instances, Dental Provider will, when possible, connect Member leads with a Dental Provider in their specific geographical area.
ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE AND/OR THE NETWORK OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE AND/OR THE NETWORK IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, DENTEL RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
We have adopted Privacy Statements and policies that you should refer to in order to fully understand how we collect and use information, particularly medical information collected and shared via the Network. Our Privacy Policies, including the HIPAA Agreement are hereby incorporated into this Agreement by reference.
When you visit the Website, send us e-mails, or respond to our questions, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website and/or through your Network subscription or membership. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Acceptable Use Policy
Images of people, places and/or products posted on this Website are either the property of denTEL, or are used by us with express permission. Unless otherwise noted, all content included on this Website, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of denTEL or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Website is the exclusive property of denTEL and is protected by United States and international copyright laws. Any unauthorized use of any content on this Website is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. No materials or content provided on or through this Website may be reproduced, distributed, publicly performed, publicly displayed, communicated to the public, or used for the creation of a derivative work without the express written permission of the copyright owner of such materials or content. To inquire about obtaining authorization to use the materials or content on this Website, please use contact methods provided on our website.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Website are proprietary to denTEL, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of denTEL, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Website.
License Grant/Use Of Website
You shall not do any of the following: (a) resell or make any commercial use of this Website or any of the contents of this Website; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Website not intended to be so read, including by using or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Website (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Website or to collect any information from the Website or any other user of the Website; (e) upload or otherwise transmit to or through the Website any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, or any material that can cause harm or delay to the Website or computers of any kind; (f) gain unauthorized access to the Website, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Website; (g) reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Website, use of the Website, access to the Website or content obtained through the Website, for any purpose other than expressly permitted by this Agreement, including, by way of example and not limitation, by doing or engaging in any of the following without our express written consent: (1) copying, caching, recording, compiling, or reformatting any information obtained from the Website for commercial purposes in any fashion whatsoever, (2) framing, embedding and/or passing off information obtained from the Website in such a manner as to present the information as originating from a source other than the Website, or (3) using any trademarks, service marks, design marks, logos, photographs or other content belonging to us obtained from the Website; or (h) assist or permit any persons in engaging in any of the activities described above. There are no implied licenses granted in this Agreement.
Digital Millennium Copyright Act
denTEL respects the intellectual property rights of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. denTEL’s intellectual property policy is to (a) remove material that appears in its sole discretion to infringe upon the intellectual property rights of others, and (b) remove any content posted by and terminate the access rights of any “repeat infringer” (i.e., any user that has uploaded content to the Website and for whom denTEL has received more than two takedown notices compliant with 17 U.S.C. § 512(c) with respect to such content). denTEL has discretion, however, to terminate the account of nay user after receipt of a single notification of claimed infringement or upon denTEL’s own determination. If you believe a work protected by a U.S. copyright that you own has been posted on this Website without authorization, you may notify our designated agent for notices of claimed infringement by using the contact information provided on our website. Your notification must include substantially the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed, (b) identification of the works or materials being infringed or, if multiple works are covered by a single notification, a representative list of the works, (c) identification of the specific 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, (d) information reasonably sufficient to permit us to contact you, (e) a statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (f) 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. You should consult with your lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
Links To Third Party Websites
Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Website, or websites linking to this Website.
ALL CONTENT CONTAINED ON THIS WEBSITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DENTEL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY DENTEL, YOU, OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, DENTEL DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS WEBSITE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DENTEL, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (A) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THE WEBSITE; (B) UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR DENTEL’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, MEDICAL OR SENSITIVE INFORMATION, AND/OR FINANCIAL INFORMATION STORED THEREIN; (C) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (D) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (E) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THE WEBSITE; OR (F) USE OF ANY WEBSITE AND/OR NETWORK SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DENTEL OR ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DENTEL, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DENTEL, DENTEL’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT DENTEL WOULD NOT BE ABLE TO OFFER ITS WEBSITE AND/OR NETWORK SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS. DENTEL IS NOT RESPONSIBLE FOR LATE, LOST, UNINTELLIGIBLE, INCOMPLETE, STOLEN OR MISDIRECTED SUBMISSIONS. DENTEL IS NOT RESPONSIBLE FOR LOST, INTERRUPTED OR UNAVAILABLE NETWORK SERVER OR OTHER CONNECTIONS, MISCOMMUNICATIONS, FAILED TELEPHONE OR COMPUTER OR TELEPHONE TRANSMISSIONS OR TECHNICAL FAILURE, JUMBLED, SCRAMBLED OR MISDIRECTED TRANSMISSIONS, OR OTHER ERROR OF ANY KIND WHETHER HUMAN, MECHANICAL OR ELECTRONIC OR FOR ANY DAMAGE TO ANY PERSON’S COMPUTER RELATED TO THE PROVISION OF DENTEL’S WEBSITE AND/OR NETWORK SERVICES. IF, IN THE JUDGMENT OF DENTEL, ANY PORTION OF THE WEBSITE IS COMPROMISED BY VIRUS, BUGS, NON-AUTHORIZED HUMAN INTERVENTION OR OTHER CAUSES WHICH, IN THE SOLE OPINION OF DENTEL, CORRUPTS, OR IMPAIRS THE ADMINISTRATION, SECURITY, FAIRNESS OR PROPER PLAY OF THE PROMOTION, DENTEL RESERVES THE RIGHT AT ITS SOLE DISCRETION TO SUSPEND OR TERMINATE DENTEL’S WEBSITE AND/OR NETWORK SERVICES. DENTEL IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE INFORMATION WHETHER CAUSED BY WEBSITE USERS, TAMPERING, HACKING OR BY ANY EQUIPMENT OR PROGRAMMING.
We reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use the Website, and to block or prevent future access to and use of this Website for any reason or no reason. Upon termination, the terms of this Agreement will still apply.
This Agreement and the relationship between you and denTEL shall be governed by the laws of the State of New York as if you have signed this Agreement in New York. The provisions of this Agreement that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in and for New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Website or your breach of this Agreement.
To the extent applicable, software from this Website is further subject to United States Export Controls. No software from this Website may be downloaded or exported (a) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (b) anyone to the United States Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Deny Orders. If applicable, by downloading or using software on this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
If any term of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
This Agreement together with all other policies set forth on the Website as well as those agreements relating to denTEL’s Website and/or Network Services and software constitute the entire agreement between the user and denTEL with respect to this Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
Electronic Signatures And Electronic Records
By submitting your information and agreeing to the terms of this Agreement, you understand and affirm that you are agreeing to be bound by this Agreement and all other agreements and terms and conditions found on the Website by using your electronic signature and that your electronic signature is as legally binding as a physical signature on paper. Furthermore, you are agreeing that you will use an opt-in method during signup to accept electronic records regarding the products located at our vendors’ stores and/or offered by our Website, including, but not limited to, this Agreement. You further agree and consent: (a) to receive agreements, applications, and other information that may be provided or otherwise available to you electronically. Included in those agreements, applications, and other information may be disclosures required by federal, state, and local laws and regulations, where allowed by such laws; (b) to be bound by the terms and conditions of the agreements, applications, and other information provided to you by us electronically; (c) to use and receive electronic records and electronic signatures in conducting business with us, including agreeing to the terms of this Agreement; (d) that to electronically receive agreements, applications, and other information, you will need a compatible operating system, web browser, and email application, and you will need access to a printer or the ability to download information to keep copies of such documents for my records. The operating systems, web browsers, and email applications identified herein are compatible. You furthermore understand that you are indicating that you have the capability to access the agreements, applications, and other information and download or prints copies for your records; (e) for customer service or technical assistance regarding electronic records or electronic signatures, you may contact us by using the contact information provided on the website (f) a digital PDF download can be made available to obtain a copy of the agreements, applications, and other information.
The terms and/or policies set in this document are enforceable and applicable when you click or clicked the “I agree” or “I accept” checkbox during the time of signing up showing clear intent and consent.
Contact Customer Service at https://get.denteldoc.com/contact/ for website experience, product questions and general feedback/questions.
639 Hempstead Turnpike
Franklin Square, NY 11010