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Terms of Use (Terms and Conditions)GroupShare Dental;, (“GSD”) offers on-line insurance benefits data sharing services (the “Technology Services”) enabling our users (“Users”) to store and retrieve dental insurance benefits breakdowns (“Breakdowns”) via an online community database entry and search platform.
These Terms of Use, including the Disclaimers and General Legal Provisions set forth below, (the “Terms of Use”) describe the terms and conditions upon which a you may access and obtain Breakdowns, including by use of GSD, the website located at http://groupsharedental.com (the “Website”) and any related technology and services related to the Breakdowns, including the accessing of informations stored on the database offered and provided by GSD. By accessing and using any component of the GSD Platform you acknowledge that you have read, understand and agree to be bound by these Terms of Use and all other terms, conditions and policies that appear on the GSD Platform. If you do not wish to be bound by any of these Terms of Use, you may not use the GSD Platform or access the Technology Services or Breakdowns stored on the database.
1. GSD may modify these Terms of Use from time to time by the posting of revised Terms of Use on the GSD Platform, and GSD may elect to terminate or otherwise interrupt the GSD Platform at any time, for any reason, and without notice to you or other Users. Your continued use of the GSD Platform constitutes your agreement to be bound by any such revised Terms of Use.
2. GSD and Third Party Entity do not practice dentistry and do not interfere with the practice of dentistry. Use of the GSD Platform and Technology Services does not constitute an individual patient’s dental insurance enrollment verification. It is up to the User to verify the enrollment and eligibility of the patients with their own Insurance Carrier.
3. By utilizing the GSD Platform to obtain Breakdowns via the GSD database, you acknowledge and agree that information obtained from Breakdowns, are not guaranteed for accuracy by GSD. Each User is responsible to verify independently the accuracy of the information obtained from the GSD Breakdowns found in the GSD Database, and further agree that neither GSD, its parent, subsidiaries, affiliates, officers, directors, agents and assigns (“GSD”) nor any third parties (including any Third-Party Entity, its parent, subsidiaries, affiliates, officers, directors, agents and assigns) who promote and/or make available the GSD Platform, or provide you with a link or access thereto, shall be liable for any information obtained from a User-entered Breakdown or any action, inaction advice or services of any kind you obtain from a Breakdown via and/or related to the GSD Platform.
4. Only individuals that are at least 18 years of age and have the legal right to agree to the Terms of Use and request access to the GSD platform and use the GSD Platform or request Breakdowns on their own behalf. GSD does not knowingly allow individuals under the age of 18 to create accounts that allow access to the GSD Platform.
4.1. consents to such individual’s access and use of the GSD Platform and Technology Services;
4.2. requests a Breakdown from an Independent User on behalf of such individual;
5. By accessing and using any component of the GSD Platform you represent and agree to hold GSD harmless in the event of inaccuracies found in Breakdowns contributed to the GSD Database by any Users. In addition, you agree to hold other Users harmless for inaccuracies found in Breakdowns that are contributed by that User. This includes loss of income or loss of or delayed Insurance Reimbursement due to providing services and expecting reimbursements from Dental Insurance Companies and having relied on the information found in Breakdowns related to that Dental Insurance Company, or information related to Individual Groups or Plans stored in Breakdowns found on the GSD Database.
DISCLAIMERSTHE GSD PLATFORM AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GSD PLATFORM AND CONTENT IS AT YOUR SOLE RISK. GSD, ITS AFFILIATES, CONTRACTED ENTITIES (INCLUDING ANY THIRD-PARTY ENTITY), PARTNERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THEE GSD PLATFORM, INCLUDING, WITHOUT LIMITATION, THAT THE GSD PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES, WORMS OR OTHER MALICIOUS SOFTWARE. WE DO NOT WARRANT THAT THE CONTENT WILL BE ACCURATE, UP-TO-DATE, OR OTHERWISE RELIABLE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE. FURTHER, IN NO EVENT SHALL GSD. OR ANY AFFILIATED OR CONTRACTED ENTITY (INCLUDING ANY “THIRD-PARTY ENTITY”, AS THAT TERM IS DEFINED HEREIN), PARTNER, SERVICE PROVIDER, THIRD PARTY WHO PROMOTES THE GSD PLATFORM OR TECHNOLOGY SERVICES, OR PROVIDES A LINK OR ACCESS THERETO, AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND SUBSIDIARIES, BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OF ANY KIND FOR LOSS OF PROFITS OR DATA ARISING OUT OF OR RESULTING FROM THE GSD PLATFORM, TECHNOLOGY SERVICES, CONTENT, AND/OR ANY BREAKDOWNS, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU AGREE TO RELEASE INDEMNIFY, DEFEND AND HOLD HARMLESS GSD AND ANY OF ITS AFFILIATES AND/OR CONTRACTED ENTITIES (INCLUDING ANY “THIRD-PARTY ENTITY” AS THAT TERM IS DEFINED HEREIN) FROM AND AGAINST ALL LOSSES, LIABILITY, EXPENSES, DAMAGES AND COSTS OF ANY KIND, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RELATED IN ANY MANNER TO THE GSD PLATFORM, TECHNOLOGY SERVICES, CONTENT, AND/OR ANY BREAKDOWNS, INCLUDING ANY BREACH OF THIS TERMS OF USE, YOUR COMMUNICATION (OR LACK THEREOF) WUTH ANY DENTAL INSURANCE COMPANIES, ANY NEGLIGENT OR WRONGFUL ACTION OR OMISSION BY YOU OF ANY KIND, INCLUDING THOSE RELATED TO YOUR USE OF THE GSD PLATFORM OR PROVIDING OF INFORMATION, OR RECEIVING SERVICES THROUGH THE GSD PLATFORM, OR ANY NEGLIGENT USE OF THE GSD PLATFORM OR TECHNOLOGY SERVICES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING YOUR ACCOUNT.
GENERAL LEGAL PROVISIONSENTIRE AGREEMENT. These Terms of Use constitute the entire agreement relating to use of the GSD Platform. The waiver or any modifications of any provision of the Terms of Use or any right, power or remedy hereunder shall not be effective unless signed by an authorized GSD officer. These Terms of Use remain in full effect unless you have received a signed notice stating otherwise by a legally authorized GSD representative, even if it appears to you otherwise due to an apparent failure or delay by GSD to exercise a right or remedy it is entitled to under these Terms of use. If any of Term is deemed unenforceable for any reason by a court of law, the Terms of Use still remain in effect with the exception of that unenforceable term. THIRD PARTY SITES. The GSD Platform may sometimes provide links to other websites. This does not mean that the GSD Platform endorses or in any way approves of the content available on the linked site, and unless stated otherwise in the link, the GSD Platform has no control at all over any third-party website. The GSD Platform’s privacy policies and practices do not apply to any website other than http://groupsharedental.com.
OPERATION AND RECORD RETENTION. We have complete discretion to suspend or permanently discontinue any functionality or any feature of the GSD Platform for any or all users. We have no control over or responsibility for the integrity of data transferred by any electronic carrier, including transmission errors or corruption or compromise of data. We have the complete right to maintain, delete, or destroy all communications and materials posted or uploaded to GSD Platform pursuant to our internal record retention and/or destruction policies in accordance with applicable law.
USE OF INFORMATION; LIMITATIONS ON USE. You agree that you will not access or use, or attempt to access or use, the GSD Platform in an unlawful way or for any unlawful purpose. You hereby grant us an irrevocable, perpetual, unlimited right to use the information you provide to the extent not otherwise prohibited by applicable law. You represent and warrant that any and all information you provide on or to the GSD Platform is accurate and complete to the best of your knowledge. You agree not to transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is potentially contaminating or destructive to our files or programs or to the files or programs of any of our users. We reserve the right to delete any information provided by you that we deem in our sole discretion, to be unreasonable, fraudulent, abusive, defamatory, obscene, or in violation of a copyright, trademark, or other intellectual property or ownership right of any other person.
USAGE FOR UNITED STATES ONLY. We control and maintain the Website and the GSD Platform in the United States, and we make no representation that the information provided on these site pages is appropriate or available for use in other locations outside of the United States. If you use this site from other locations, you are responsible for compliance with applicable local laws. If you are a citizen of the European Union, you may not use the GSD Platform without first obtaining our written consent.
TERM AND TERMINATION. The Terms of Use shall commence upon the date you first access or use the GSD Platform and/or complete the registration process. Either you or we may terminate the Terms of Use and your right to use the GSD Platform at any time, with or without cause. The Terms of Use and the licenses granted hereunder shall terminate without notice in the event you (or any authorized person using your account) fail to comply with the terms and conditions of the Terms of Use, or the rules for use of the GSD Platform promulgated by us from time to time. Upon any termination, you will destroy all copies of our materials in your possession and cease any access to or use of the GSD Platform.
NOTICE. We, at our sole discretion, may provide notice by e-mail to the e-mail address you provided us in registration, by a general notice on the GSD Platform, by communication through the GSD App, or by written communication delivered by first class U. S. mail or express courier to your address on record in the GSD Platform account information. You may give notice to us at any time via electronic mail to info@GroupShareDental.com.
GOVERNING LAW; LOCATION OF LAWSUITS. The laws of the State of Arizona will govern these disclaimers, terms, and conditions, without giving effect to any conflict of law rules. You agree that any disputes, suits or other claims at law or equity arising out of or related to your use of the GSD Platform and/or the content, including transactions entered into through this site, shall be filed only in the state or federal courts located in Maricopa County, Arizona and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You agree that regardless of any statute or law to the contrary, any cause of action or claim against us or our affiliates, partners or its service providers and their respective officers, directors, employees, consultants, agents, and subsidiaries arising out of or in connection with these Terms of Use, your use of the GSD Platform or information provided shall be instituted and served upon no later than twelve (12) months following the occurrence of the first event giving rise thereto or be forever barred. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the GSD Platform.
Customer hereby agrees with and agrees to be bound by and abide with the foregoing Terms and Conditions.
