We reserve the right to withdraw or change the Software, and any service or content we provide in association with the Software, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Software is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Software.
SUBSCRIPTION SERVICES: During the Subscription Period, provided your account is in good standing, you will be eligible to receive technical support and such web-based training or other additional services as the Company may, in its own discretion, make available to you ("Subscription Services").
You agree that the Company, or its designate, may remotely login to your computer or other device for purposes of providing the Subscription Services, including, without limitation, technical trouble shooting, answering questions, benchmarking and providing training to the dentist or the dentist's personnel. Remote login may be conducted through the use of established, secure, Health Insurance Portability and Accountability Act ("HIPAA") compliant third party entities. You further agree that the Company may also remotely login at any time as necessary or appropriate to maintain the Software and keep it functioning effectively.
During the time you are eligible to receive Subscription Services, the Company may, in its sole discretion, also make certain additional web-based training services available to you. Such additional services will be provided subject to the Company's then-current policies regarding use of such additional services. The Company reserves the right to discontinue any such additional services or offer new additional services at any time, without right to refund or set-off.
NO MEDICAL OR DENTAL ADVICE: The Company does not offer medical or dental advice. Any content accessed through the Software is for informational purposes only, and you may not rely upon it for any purpose, including with respect to possible uses, directions, precautions, drug interactions, or adverse effects associated with any product or service.
USE OF PATIENT INFORMATION: If you create, transmit, or display health or other information while using the Software, you may provide only information that you own or have the right to use. When you provide your, or a patient's, information through the Software, you give the Company a license to use and distribute it in connection with the Software. Health care providers are required to obtain consent before sharing information regarding treatment, payment, and health care operations. Separate patient authorizations must be obtained for all non-routine disclosures and non-health related purposes. A history of all non-routine disclosures must be accessible by the patient. RecallMax will track all sharing of patient data and sharing logs will be provided upon request. Reasonable measures must be taken by the healthcare practitioner to ensure safeguards are in place to protect the privacy of patient data.
PERMISSION FOR LIMITED DATA SETS: the Company is allowed to create an aggregated "Limited Data Set" for uses such as industry benchmarking reports. This information is created without revealing specific patient or provider information. As per the "Limited Data Sets" section of HIPAA, the Company is allowed to aggregate data in order to develop industry benchmarks, as long as information that could be used to identify specific individuals is not revealed.
THIRD PARTY SOFTWARE: Certain third party software included with the Software may be subject to additional terms and conditions imposed by third party licensor(s). If applicable, such terms and conditions are contained in the "About" pages of the Software. You hereby agree to comply with all applicable terms and conditions imposed by such third party licensor(s).
TITLE; INTELLECTUAL PROPERTY: The Software and Subscription Services and their entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement of each), are owned by the Company, its licensors or other providers of such material and are protected by copyright, trademark, trade secret and other intellectual property or proprietary rights laws of Canada, the United States of America, and other countries.
You agree that no title to the intellectual property in the Software or Subscription Services is transferred to you. Except for the limited rights expressly granted to you by this Agreement, the Company and its licensors retain all right, title and interest, including all intellectual property rights, in and to the Software and Subscription Services. All rights not expressly granted by this Agreement to you are reserved by the Company. There are no implied rights.
WARRANTY DISCLAIMER: The Company, its affiliates and licensors make no warranties, whether statutory, express or implied, to you regarding the Software or Subscription Services, and the Software and Subscription Services are being provided to you "as is" without warranty of any kind. You acknowledge that the entire risk as to the quality and performance of the Software or Subscription Services is with you. The Company disclaims and excludes any and all warranties, whether express, implied, or statutory, including, without limitation, the implied warranties of title, satisfactory quality, non-infringement of third party rights, merchantability and fitness for a particular purpose.
the Company does not warrant that use of the Software or Subscription Services will meet your needs or requirements or be uninterrupted or error-free, that all defects or errors in the Software will be corrected, that any information or output provided by the Software will be accurate or complete, that the Software will work in all locations or that the fees suggested by the Software will be accepted by all insurance companies. Certain features of the Software may not be available in or compatible with future versions of the Software.
The Company assumes no responsibility, and shall not be liable, for any action or inaction taken in reliance on the use of the Software. You agree to not use inflammatory, incendiary, inappropriate or foul language, or take any actions that defame or negatively portray the Company or its affiliates in the marketplace.
At the end of the Subscription Period, you may only access and use the Software if you purchase additional subscriptions. You agree that the Company or its affiliates will not be liable for any damage that you may suffer in connection with the termination of such Subscription Period and your inability to access and use the Software.
TERMINATION: This Agreement shall remain in effect during the initial Subscription Period and each additional Subscription Period purchased by you. Notwithstanding the foregoing, this Agreement will terminate automatically if you fail to comply with the terms of this Agreement. No notice shall be required from the Company to effect such termination. You may also terminate this Agreement at any time by notifying the Company in writing either via (i) by written correspondence to the corporate address below or (ii) email to [email@example.com] of your request for termination.