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TERMS OF USE

OPT-In Dental Advantage

 1. READ THIS: This Terms of Use Agreement (Agreement) is made by and between OPT-In Dental Advantage [hereinafter “OPT-In”], a Pennsylvania limited liability company, with offices at 300 Green Street, Doylestown, Pennsylvania 18901 and you, the user (“you” or “User.”)

 This Agreement contains the complete terms and conditions that govern the use of the OPT-In website(s) (“website” or “websites” or “site”). BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER OPT-In SOFTWARE, SERVICES, WEBSITES OR CONTENT (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

OPT- In is not a covered entity or a business associate of a covered entity, as such terms are defined under the Health Insurance Portability and Accessibility Act OF 1996 (“HIPAA”), as amended, and the regulations promulgated thereunder and, thus, is not bound by the HIPAA privacy rules.  YOU SHOULD BE AWARE THAT WHEN YOU VOLUNTARILY DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION TO OUR SITE, THAT INFORMATION CAN BE COLLECTED AND USED BY OTHERS AND MAY RESULT IN UNSOLICITED MESSAGES FROM OTHER POSTERS OR PARTIES.  YOU SHOULD NOT DISCLOSE ANY PERSONALLY IDENTIFIABLE INFORMATION THAT YOU DO NOT WANT USED OR FURTHER DISCLOSED IN INVESTIGATING OR POSTING YOUR RATING.  NO DENTIST-PATIENT RELATIONSHIP IS CREATED BY VIRTUE OF YOUR USE OF THIS SITE.

 THE INFORMATION PROVIDED ON THIS SITE IS FREE OF CHARGE AND FOR INFORMATIONAL PURPOSES ONLY, AND DOES NOT CREATE ANY RELATIONSHIP BETWEEN YOU AND OPT- In OR ANY OF ITS OFFICERS, SHAREHOLDERS, OWNERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES OR THE DENTAL PROVIDERS LISTED ON THIS SITE.  NO JUDGMENT OR WARRANTY IS MADE WITH RESPECT TO THE QUALIFICATIONS OR SERVICES PROVIDED BY THE PRACTITIONERS OR ENTITIES LISTED ON THIS SITE, AND OPT-I In TAKES NO RESPONSIBILITY FOR SUCH PRACTITIONERS OR SERVICES.  PROVIDERS PAY A FEE TO OPT- In TO BE LISTED ON THIS SITE.  A LINK OR REFERENCE TO ANOTHER SITE, SERVICE OR DENTAL PRACTICE IS NOT AN ENDORSEMENT OF THAT SITE, SERVICE, OR DENTAL PROFESSIONAL.  ANY USE YOU MAKE OF THE INFORMATION PROVIDED ON THIS SITE, OR ANY SITE OR SERVICE LINKED BY THIS SITE, IS AT YOUR OWN RISK.

THE DENTAL INFORMATION PRESENTED THROUGHOUT THIS SITE IS NOT INTENDED TO BE CONSTRUED AS, OR TO BE A SUBSTITUTE FOR, PROFESSIONAL ADVICE.  FOR SPECIFIC MEDICAL OR DENTAL QUESTIONS, PLEASE SEE A LICENSED HEALTH CARE PROFESSIONAL.  THE INFORMATION PROVIDED IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE TAKEN AS MEDICAL OR DENTAL ADVICE OR TREATMENT INFORMATION.  WE DO NOT ASSUME RESPONSIBILITY FOR ENFORCING ANY DENTAL PRACTITIONER’S ADHERENCE TO THE CODE OF ETHICS FOUND ON OUR SITE.  ALTHOUGH WE MAY CITE OR DISCUSS CERTAIN MEDICAL AND/OR DENTAL PROCEDURES, PROVIDERS, PERSPECTIVES AND PRODUCTS, WE DO NOT RECOMMEND OR ENDORSE THEM IN ANY CAPACITY.  WE FURTHER DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR INJURY OR IMPAIRMENT EXPERIENCED BY ANY USERS WHO UTILIZE ANY PRODUCTS, PROVIDERS, INFORMATION OR CONCEPTS MENTIONED ON THIS SITE.

 IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. OPT-IN RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT OPT-IN’S DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

 THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO [INSERT WEB ADDRESS FOR THIS POLICY]

 2. ACCESS TO THIS SITE. To access this site, site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide will be correct, current, and complete. If OPT-In believes the information you provide is not correct, current, or complete, OPT-In has the right to deny access to this site, or to any of its resources, and to terminate or suspend your access at any time.

3. APPLICABLE USE OF SITE. You may use this site for purposes expressly permitted by this site. As a condition of your use of OPT-In’s websites, you warrant to OPT-In that you will not use the websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

 4. NO CO-BRANDING OR FRAMING. You may not use or authorize any party to co-brand, or frame any OPT-In websites without the express prior written permission of an authorized representative of OPT-In. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. For purposes of these Terms of Use, “framing” refers to displaying any OPT-In webpage within a bordered area of another website, regardless of whether the address of the originating OPT-In website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately, upon notice from OPT-In.

 5. NO UNLAWFUL ACCESS. In addition, you agree that you will not use OPT-In’s websites in any manner that could in any way disable, overburden, damage, or impair the websites or otherwise interfere with any other party’s use and enjoyment of the websites. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the websites.

 6. PERSONAL AND NON-COMMERCIAL USE LIMITATION. OPT-In’s websites are for your personal and non-commercial use, unless otherwise specified. You may not use any OPT-In sit for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of OPT-In. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to OPT-In’s websites.

 7. PROPRIETARY INFORMATION. All content found on the OPT-In websites (the “Content”) is considered the copyrighted and trademarked intellectual property of OPT-In, or of the party that created and/or licensed the Content to OPT-In. No rights or title to any of the works contained on any OPT-In website shall be considered transferred or assigned to the User. You agree that you will not copy, distribute, republish, modify, create derivative works from, or otherwise use the Content in any way, without the prior written consent of OPT-In, except that you may print out and/or save a copy of the Content for personal use.

 8. SUBMISSIONS. You hereby grant to OPT-In a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to OPT-In through this site (hereinafter, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that OPT-In will not be bound to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future OPT-In operations or business.   Further, OPT-In may use any information submitted by you regarding an OPT-In dentist to investigate and publish ratings on such dentist and you agree to this use by submitting the rating information.  You agree, however, that OPT-In may investigate the validity of any information you provide by contacting the dentist being reviewed and that OPT-In shall not be obligated to post your rating should it find, in its sole discretion, that the rating is unsubstantiated, invalid or slanderous. 

 9. HYPERLINKING. This site may be hyperlinked to and by other websites which are not maintained by, or related to, OPT-In. Hyperlinks to such sites are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this site or OPT-In. OPT-In has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a OPT-In website to another web page should be accessed at the User’s own risk. OPT-In makes no representations or warranties about the content, completeness, quality or accuracy of any such website.

 10. USE OF COMMUNICATION SERVICES. OPT-In’s websites may contain forums, bulletin board services, message boards, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site, or cause to be posted, sent, submitted, published or transmitted, any material that:

 (i)    you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);

(ii)   advocates illegal activity, discusses an intent to commit an illegal act or violates any law;

(iii)   is vulgar, obscene, pornographic, or indecent;

(iv)   threatens or abuses others; (v) is libelous or defamatory towards others;

(vi)   is racist, abusive, harassing, threatening or offensive;

(vii)   seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;

(viii)   harvests or otherwise collects information about others, including e-mail addresses, without their consent;

(ix)   impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;

(x)   falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded (e.g., copyright, trademark or patent notices);

(xi)   advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

(xii)   solicits funds, advertisers or sponsors for any purpose;

(xiii)   includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;

(xiv)   disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;

(xv)   amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;

(xvi)   disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or

(xvii)   contains hyperlinks to other sites that contain content that falls within the scope of this Section.

You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither OPT-In nor any third party that provides Content to OPT-In will assume or have any liability for any action made by OPT-In or such third party with respect to any submission.

 11. RIGHT TO TERMINATE ACCESS. OPT-In reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post or remove any information or materials, in whole or in part, at its sole discretion. OPT-In reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 12. DISCLOSURE UNDER LAW. OPT-In reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

 13. PERSONALLY IDENTIFIABLE INFORMATION. OPT-In cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, OPT-In agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in its Privacy Policy at http://www.optindentaladvantage.com/about-opt-in/privacy-policy/ .

 14. DISCLAIMER & LIMITATIONS ON LIABILITY. You understand that OPT-In cannot and does not guarantee or warrant that files available for downloading from the OPT-In websites will be free of viruses, worms, Trojan horses or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this website. OPT-In further disclaims any responsibility to ensure that the Content located on its websites is necessarily complete and up-to-date.

 YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. OPT-In DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. OPT-In DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY OPT-In WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OPT-In DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND OPT-In MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. OPT-In MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY ORRESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

 OPT-In, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF OPT-In HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 IN NO EVENT WILL THE COLLECTIVE LIABILITY OF OPT-In AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 ORTHE AMOUNT YOU HAVE PAID TO OPT-In FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

 15. INDEMNITY. You agree to indemnify and hold OPT-In, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the Indemnified Parties) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

 16.TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing in this site are the property of OPT-In or the party that provided the intellectual property to OPT-In. OPT-In and any party that provides intellectual property to OPT-In retain all rights with respect to any of their respective intellectual property appearing in this site. All contents of OPT-In’s websites are: Copyright © 2014 optindentaladvantage.com.  All rights reserved.

 17. COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide OPT-In’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying OPT-In and its affiliates that your copyrighted material has been infringed. Please include the following:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:

 •     A description of the copyrighted work that you claim has been infringed upon;

•     A description of where the material that you claim is infringing is located on the site, including the current website address;

•     Your address, telephone number, and e-mail address;

•     A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;

•     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.

OPT-In’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

 Copyright Agent:

 OPT-In Dental Advantage
Attn: Copyright Agent
300 Green Street
Doylestown, Pennsylvania 18901

e-mail: lalbright@archerlaw.com

 18. MISCELLANEOUS. These Terms of Use will be governed and interpreted pursuant to the laws of Pennsylvania, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Pennsylvania in connection with any dispute between you and OPT-In arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the

parties arising out of these Terms of Use will be in the state and federal courts in Philadelphia, Pennsylvania.  If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and OPT-In as a result of this agreement or use of OPT-In’s websites. These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and OPT-In with respect to OPT-In’s websites. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. OPT-In may revise these Terms of Use at any time by updating this posting.

 19.  International Use.  OPT-In makes no representation that materials or Content on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Contents or materials are illegal is prohibited.  If you access this site from other locations you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 20.  Age restriction.  In order to use this site you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction ("Minors") are prohibited from using this site. Accordingly, if you are a Minor, please do not attempt to register for this site or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable.

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