Effective Date: 10.14.2021
These Terms are entered into by and between you and DigiBite, and these Terms govern your access to and use of DigiBite’s services, including any content, functionality, or services, offered on or through the Teledentistry Platform (as defined in Section IV below), DigiBiteDental.com (the “DigiBite Site”), and the DigiBite mobile application (the “DigiBite App”), but not including the Teledentistry Services (as defined in Section IV below) (the DigiBite Site, the Teledentistry Platform, and the DigiBite App collectively, the “DigiBite Services”).
BY CLICKING THE “I AGREE” BUTTON DURING THE ACCOUNT REGISTRATION PROCESS OR USING OTHER ACCEPTANCE METHODS PROVIDED BY THE DIGIBITE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. ADDITIONALLY, WHEN GENERALLY ACCESSING THE DIGIBITE SERVICES, YOUR USE AND CONTINUED ACCESS OF THE DIGIBITE SERVICES SIGNIFIES YOUR ACCEPTANCE TO THESE TERMS. IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE DIGIBITE SERVICES OR CREATE AN ACCOUNT.
DIGIBITE is not a healthcare provider OR DENTAL PROFESSIONAL. THE DIGIBITE services ARE NOT INTENDED TO BE USED FOR URGENT OR EMERGENT HEALTH CARE NEEDS. IF YOU ARE EXPERIENCING A MEDICAL OR DENTAL EMERGENCY, PLEASE DIAL 911.
ARBITRATION NOTICE: PLEASE BE AWARE THAT THE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND DIGIBITE HAVE AGAINST EACH OTHER ARE RESOLVED AND LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. IN PARTICULAR, THE TERMS CONTAIN AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST DIGIBITE TO BINDING AND FINAL ARBITRATION. TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH THESE TERMS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST DIGIBITE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION PROVISIONS SET FORTH IN THESE TERMS COULD AFFECT YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION. PLEASE SEE THE SECTION TITLED “INDEPENDENT ARBITRATION AGREEMENT” FOR MORE INFORMATION REGARDING THESE ARBITRATION PROVISIONS, INCLUDING HOW TO OPT-OUT OF ARBITRATION.
1. Changes to Services and Terms
The Effective Date of these Terms is set forth at the top of this webpage. We may change the DigiBite Services or these Terms from time to time in our discretion. Changes to the Terms will be posted on the DigiBite Services. We encourage you to return to review these Terms periodically so that you are aware of our current Terms. Your continued use of any of the DigiBite Services after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.
2. DigiBite Services
DigiBite is not a healthcare provider nor does it practice medicine or dentistry. DigiBite connects individuals to Teledentistry Providers who may be able to provide Teledentistry Services through the Teledentistry Platform (as each term is defined in Section IV below). The Teledentistry Services are provided by Teledentistry Providers, who are third-party service providers. We do not control, supervise or interfere with the practices of such third parties. We only provide and support the Teledentistry Platform, and support certain activities, such as scheduling and payment, in connection with the Teledentistry Services. We are not responsible for any acts or omissions of, or recommendations provided by, Teledentistry Providers or other third parties. Such third parties are solely responsible for their provision of Teledentistry Services to you.
3. Financial Responsibility and Payment for Teledentistry Services
DigiBite is not enrolled with, and is not a participating provider with, any governmental, including federal, state, or local healthcare or dental care payment program (e.g., Medicare and Medicaid) or any other health or dental insurer or payment program. Teledentistry Services provided through the Teledentistry Platform may be covered under your healthcare or dental care insurance plan (your “Plan”). By agreeing to use the DigiBite Services, you acknowledge and agree that (1) you are explicitly choosing to obtain Teledentistry Services that will be paid for in accordance with the payment terms of your Plan, including terms regarding payment of any co-pay, co-insurance, deductible or other amounts that are your financial responsibility, and (2) you will pay any such amounts for Teledentistry Services that are your responsibility under your Plan. Such amounts are calculated using current eligibility information provided by the party responsible for administering your Plan. On behalf of the Teledentistry Providers, DigiBite will submit claims and payment information related to the Teledentistry Services to the party responsible for administering your Plan, and you do not need to submit any claim to such party, but DigiBite is not responsible for any actions of such party, including without limitation any coverage or payment determinations.
For the avoidance of doubt, the DigiBite Services provided to you by DigiBite are not insured benefits or services under any payment program.
DigiBite uses Stripe to process payments for the Teledentistry Services described in this section, and may engage other third parties for this purpose. When you make a payment for Teledentistry Services, you will be prompted to enter payment information which may include your credit card or other financial information necessary to process the transaction. Such information is provided directly to Stripe (or another third party DigiBite may engage to process payments) and DigiBite will not process or store any credit card information. However, Stripe (or another third party DigiBite may engage to process payments) will share with us certain information related to your transaction, including that such transaction was made and date of such payment.
4. Consent to Teledentistry Services
When you connect with a Teledentistry Provider through the DigiBite Services, you will do so through a teledentistry platform operated by DigiBite (the “Teledentistry Platform”). Teledentistry is the use of technology (such as the phone or internet) to support and provide dental services, such as examinations and second opinions, when a dental professional is not in the same physical space as you. You may access such dental services through the Teledentistry Platform provided by dental professionals, which dental services may be provided through live two-way audio and video or store and forward electronic communications between you and such dental professionals (such dental services, “Teledentistry Services” and such dental professionals, “Teledentistry Providers”).
The expected benefits of Teledentistry Services accessed through the Teledentistry Platform include improved access to certain dental services by enabling you to access such services without occupying the same physical space as a dental professional.
The possible risks of Teledentistry Services and/or the Teledentistry Platform include delays in evaluation and treatment due to deficiencies or failures of the equipment and technologies; a Teledentistry Provider may determine that the transmitted information is of inadequate quality, thus necessitating a rescheduled teledentistry appointment; a lack of access to complete dental or medical records may result in judgment errors by such Teledentistry Providers; or security measures could fail, causing a breach of privacy of personal medical information.
BY CREATING AN ACCOUNT AND ACCEPTING THESE TERMS, YOU ARE AGREEING THAT YOU UNDERSTAND THE BENEFITS AND RISKS OF TELEDENTISTRY SERVICES AND ARE CONSENTING TO RECEIVE THE TELEDENTISTRY SERVICES THROUGH THE TELEDENTISTRY PLATFORM.
When accessing the Teledentistry Platform, you may also provide certain health or medical information that may be protected under applicable laws. This medical information is provided to the Teledentistry Provider that provides Teledentistry Services to you through the Teledentistry Platform. The Teledentistry Provider may be a “covered entity” under the Health Insurance Portability Act of 1996 and its implementing regulations (“HIPAA”) or other applicable health information privacy laws. If so, the Teledentistry Provider and DigiBite will protect your medical information in accordance with the Teledentistry Provider’s Notice of Privacy Practices.
6. Intellectual Property
The DigiBite Services and the information, files, documents, text, photographs, images, audio, and video contained therein, any material made available for download by us, whether through the DigiBite Site, DigiBite App, App Store (as such term is defined in Section X below), Teledentistry Platform or otherwise (collectively, the “Content”) are the property of us or our licensors, as applicable. The DigiBite Services and Content are protected by intellectual property laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.
DigiBite’s company name, the DigiBite logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DigiBite or its affiliates or licensors. You must not use such marks without the prior written permission of DigiBite. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
7. Service Access and Limitation
Subject to the use restrictions set forth below, these Terms grant you a limited, non-exclusive right to access and make personal use of the DigiBite Services, subject to these Terms. The DigiBite Services, and any part of thereof may not be reproduced, copied, framed or otherwise exploited for any purpose without the express prior written consent of DigiBite and/or its licensors.
You shall not:
- Modify, disassemble, decompile or reverse engineer the DigiBite Services except to the extent that such restriction is expressly prohibited by law.
- Rent, lease, loan, resell, sublicense, distribute or otherwise transfer your access to the DigiBite Services to any third party.
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the DigiBite Services, features that prevent or restrict use or copying of any content accessible through the DigiBite Services or features that enforce limitations on use of the DigiBite Services.
- Modify copies of any materials from the DigiBite Services.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the DigiBite Services.
8. Use Restrictions
You agree not to use the DigiBite Services to:
- Register for more than one Account or register or operate an Account on behalf of another person;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity;
- Upload, post, transmit, share, store, or otherwise make publicly available through the DigiBite Services any material that contains private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the DigiBite Services;
- Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- Use any automated means to access the DigiBite Services, or collect any information from DigiBite Services (including, without limitation, robots, spiders, scripts, or other automatic devices or programs);
- Frame the DigiBite Services in any manner, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over any of the DigiBite Site’s pages, or otherwise affect the display of any pages on the DigiBite Site;
- Engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
- Use the DigiBite Services in any manner that could disable, overburden, damage, or impair the DigiBite Services, or otherwise interfere with any other party’s use of the DigiBite Services, including their ability to engage in real time activities through the DigiBite Services;
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the DigiBite Services, or which, as determined by us, may harm DigiBite or users of the DigiBite Services, or expose them to liability; or
- Access, use or monitor our DigiBite Services for benchmarking or any direct competitive purposes.
Additionally, you agree not to:
- Use any device, software, or routine that interferes with the proper working of the DigiBite Services;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the DigiBite Services, the server on which the DigiBite Services are stored, or any server, computer, or database connected to the DigiBite Services;
- Attack the DigiBite Site or the Teledentistry Platform via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the DigiBite Services.
We may terminate or disable your access to any or all of the DigiBite Services for any reason, with or without cause, including if we believe that you have violated or acted inconsistently with these Terms.
If you provide us with any feedback or suggestions regarding the DigiBite Services (any such feedback referred to herein as “Feedback”), you hereby assign to DigiBite all rights in the Feedback and agree that DigiBite shall have the right to use such Feedback and related information in any manner it deems appropriate. DigiBite will treat any Feedback you provide to DigiBite as non-confidential and non-proprietary. You agree that you will not submit to DigiBite any Feedback that contains your confidential health information or confidential health information of any third party, nor will you submit any information that you do not have the rights or permission to submit.
10. App Stores
You acknowledge and agree that the availability of the DigiBite App if and when one is available, is dependent on the third party from whom you received the DigiBite App, such as the Android PlayStore or Apple App Store (each, an “App Store”). You acknowledge that this Agreement is between you and DigiBite and not with the respective App Store. Each respective App Store may have its own terms and conditions to which you must agree before downloading the DigiBite App. You agree to comply with, and your license to use the DigiBite App is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store. Digibite hereby grants to you a non-exclusive, revocable, non-assignable, non-transferrable, non-sublicensable license under DigiBite’s copyright to download the DigiBite App from the App Store and store a copy of the DigiBite App solely for your personal use to access the DigiBite Service as contemplated in these Terms.
11. Software Upgrades
You acknowledge that we or our service providers may from time to time issue upgraded versions of the DigiBite Services and may automatically electronically upgrade the version of the DigiBite App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that DigiBite will not be liable to you for any such modifications.
12. Accessing the DigiBite Services and Account Security
In order to use certain aspects of the DigiBite Services, you must set up an account with us (“Account”). To set up an Account, you must provide us with certain personally identifying information that will enable us to confirm your identity. Once we confirm your identity, you will establish a username and password that you will use to access the DigiBite Services (“Password”).
It is a condition of your use of the DigiBite Services that all the required information you provide is correct, current, and complete. You agree to promptly inform us of any changes to your Account registration information.
We reserve the right to take any action that we deem necessary to ensure the security of the DigiBite Services and your Account, including without limitation deactivating your Password, terminating your Account, or requesting additional information to authenticate your Account. You are solely responsible for keeping your Password and any security questions and responses associated with your Account confidential. Anyone with knowledge of or access to your Password or the security questions and responses associated with your Account can use that information to gain access to your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your Password and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent. You agree that you will immediately notify us of any suspected or actual unauthorized access to or use of your Password or any other breach of your Account security.
You are also responsible for: (i) all transactions or activities carried out using your Account and Password; and (ii) ensuring that when you access the Account that the system you use to access the Account is secure, is not left unattended unless you have fully exited the Account and that your Password is not retrievable from the system by others.
13. SMS Messaging
By providing your cell phone number and email address to DigiBite, you are agreeing to be contacted by or on behalf of DigiBite at the email address and the telephone number provided, including emails to your email address and text (SMS) messages to your cell phone and other wireless devices, and the use of an automatic telephone dialing system, artificial voice and prerecorded messages, for the purpose of providing the DigiBite Services and sending you marketing communications.
You may choose to opt-out of receiving email and text messages by updating your preferences in the Services or following the opt-out instructions in the message. If you opt-out, DigiBite will not text another message to you unless/until you expressly opt in to receiving additional messages. You acknowledge that opting out of receiving text (SMS) messages may impact your experience with the Service(s) that rely on communications via text (SMS) messaging.
Message and data rates may apply. Your wireless carrier’s standard messaging rates apply to SMS correspondence. Downloadable content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about charges in your plan. Carriers are not responsible for delayed or undelivered messages.
14. Independent Arbitration Agreement
In consideration and as a condition of your use of the Services, you and DigiBite (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):
Applicability; Exclusions; Court and Jury Trial Waiver
The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties, including any disputes or claims: arising out of or relating to these Terms; relating to the relationship between the parties; arising under any federal, state, or local laws concerning consumer privacy, and all other claims or disputes under federal, state, and local statutes and laws, municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law).
The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to these Terms but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against DigiBite but also against any and all of its affiliates, subsidiaries, and parents collectively and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.
Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding
Either party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at https://www.jamsadr.com/adr-rules-procedures/). The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, any issues regarding arbitrability of the parties’ dispute, statute of limitations, and all other issues regarding the application, interpretation, and implementation of these Terms. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute.
Selection and Authority of Arbitrator; Full Remedies Available; Enforceability
The parties agree that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures as they exist at the time of the Terms’ execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of these Terms. The arbitrator shall have the authority to apply any federal, state, or local law, or executive order, or any common law that the Arbitrator deems applicable to the covered dispute. If there are any ambiguities in these Terms, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this Arbitration Agreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.
Class and Collective Action Waiver; No Consolidated or Joint Actions
The parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.
The parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, DigiBite will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, DigiBite shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/their/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.
As allowed by applicable law, any covered disputes must be brought within one (1) year of the date of the event giving rise to such covered dispute.
You can opt-out of the provisions of this Arbitration Agreement that require the arbitration of disputes within thirty (30) days of the date that you first agree to any version of this Arbitration Agreement that requires arbitration of disputes with DigiBite. To opt-out, you must send your name, residence address, and email address together with a clear statement that you want to opt-out of the requirement to arbitrate disputes with the applicable party to DigiBite LLC, 2124 Race Street, Philadelphia, PA 19103, ATTN: Arbitration Opt-Out.
15. Links to Third Party Sites
16. Disclaimer and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE DIGIBITE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE DIGIBITE SERVICES WILL BE CORRECTED. THE DIGIBITE SERVICES ARE PROVIDED BY DIGIBITE AND APPLICABLE THIRD PARTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH OF DIGIBITE, ITS LICENSORS AND APPLICABLE THIRD PARTIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE OR ANY INFORMATION, CONTENT, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE DIGIBITE SERVICES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL DIGIBITE, ITS LICENSORS OR APPLICABLE THIRD PARTIES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE DIGIBITE SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED IN OR ACCESSED THROUGH THE DIGIBITE SERVICES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH (1) THE DIGIBITE SERVICES, (2) CONTENT, (3) INFORMATION CONTAINED WITHIN THE DIGIBITE SERVICES, OR (4) ANY LINKED SITE IS TO STOP USING THE DIGIBITE SERVICES AND/OR SUCH SITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, DIGIBITE, ITS LICENSORS AND THE APPLICABLE THIRD PARTY’S MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF (1) THE DIGIBITE SERVICES, (2) CONTENT, (3) INFORMATION CONTAINED WITHIN THE DIGIBITE SERVICES, OR (4) ANY LINKED SITE IS THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THREE HUNDRED DOLLARS ($300.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the DigiBite Services. Such termination will not affect either party’s rights or obligations, which accrued before the termination.
18. Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the DigiBite Site, DigiBite App, or Teledentistry Platform infringe your copyright, you may request removal of those materials (or access thereto) from the DigiBite Site, DigiBite App, or Teledentistry Platform by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the DigiBite Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is: [email protected].
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the DigiBite Site, DigiBite App, or Teledentistry Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
These Terms shall be governed by the laws of Delaware, and you agree to submit to the exclusive jurisdiction of the courts of New Castle County, Delaware, USA in respect of any disputes arising under or in connection with these Terms.
You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the DigiBite Services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you through the DigiBite Services, block your access to any or all aspects of the DigiBite Services, and block IP addresses.
If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.
20. How to Contact Us
If you have any questions, comments or notices regarding these Terms, please contact us at [email protected].