Terms of use agreement and privacy policy

Terms of use

This Terms of Use Agreement ("Terms of Use") governs your access and use of the software, applications, and services as described below.

OWNERSHIP AND PURPOSE OF THE WEBSITES AND APPLICATIONS

myOrtho App, LLC ("MOA") owns and operates this website and application related to software for dental practice management and other related online products and services. The MOA products and services include “myOrthoApp” website, interface, and application, which allows dental patients to book appointments for a dental provider or practice from that provider's or practice's webpage, application page, or other online listing, and any other current or future websites, mobile access or mobile applications, or other applications. These websites, interfaces, and applications are collectively referred to herein as the "Services."

The purpose of the Services is to provide a secure network that will assist patients in managing their appointments and other dental care related items online and/or from their mobile devices in order to assist them in obtaining improved quality, safety, and efficiency of dental care.

Terms and conditions

This Terms of Use defines the terms and conditions under which MOA makes the Services available. BY USING THE SERVICES AND/OR DOWNLOADING OR USING ANY WEBSITES OR APPLICATIONS RELATED TO THE SERVICES, YOU AGREE TO THESE TERMS OF USE. These Terms of Use take effect when you use the Services or otherwise affirm acceptance. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES (INCLUDING ANY RELATED WEBSITES OR APPLICATIONS) OR ANY PART THEREOF.

These Terms of Use are a legally binding agreement made by and between MOA and you (whether you are joining for yourself or on behalf of a minor or a person to whom you are a caregiver) ("You" and as the context provides, "Your" and "Yourself"). These Terms of Use govern Your access and/or use of the Services and You should read them carefully. This Terms of Use Agreement shall remain in effect at all times until You cease using the Services and delete all applications related to the Services.

BY REGISTERING FOR ACCESS, ACCESSING, OR USING THE SERVICES OR BY DOWNLOADING AND REGISTERING FOR ACCESS, ACCESSING, OR USING ANY RELATED APPLICATION(S), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS, DOWNLOAD, OR USE THE SERVICES OR ANY RELATED WEBSITES OR APPLICATIONS.

MOA reserves the right, at its sole discretion, to make changes to portions or all of these Terms of Use at any time. You are responsible for checking these Terms of Use periodically for changes. Your continued use of the Services means that You agree to any new or modified provision of these Terms of Use accessible through the Services.

Access and use of the site

The Services are intended to be used by individuals whose dental practices are provided services from MOA and all other individuals who wish to use the Services' functionality in connection with their dental care and wellbeing. To begin use of the Services, You may be asked to provide information about Yourself (or the person on whose behalf You are accessing, using or downloading the Services, including all related websites and applications). If You are under 18 years old, please discuss whether You should use and download the Services with Your dentist and/or Your parent(s) or guardian(s). To access or use the Services, You may be required to provide MOA with information relating to Your identity and certain other information, including Your email address. By submitting such information to MOA, You hereby certify that any and all information provided to MOA by You is true and correct and You authorize MOA to use any method it chooses to verify the truth and accuracy of the information that You provide to the extent MOA needs to do so to protect its rights or other users of the Services. Failure to provide truthful and accurate information to MOA may result in termination of Your access to the Services.

MEDICAL DISCLAIMERS; NO PROVIDER/PATIENT RELATIONSHIP; PROVIDER INFORMATION:

Use of the Services and/or any information or Content that is included on or transmitted through the Services is not intended to and will not create any healthcare provider/patient relationship of any kind involving MOA. Communications between patients and healthcare providers may not occur, and cannot be guaranteed to occur, in real-time.

Any Content available on or through the Services is for informational and educational purposes only and is not a substitute for the professional judgment of a dental care professional in diagnosing and treating patients. Neither the Content nor any other service offered by or through the Services is intended to be substituted for medical diagnosis or treatment. MOA is not responsible for the accuracy of any information or content provided or sent by You or other users of the Services, including Your dentist, other healthcare providers, insurance providers, or their representatives. You are responsible for verifying the accuracy of any information You send or receive through the Services, including any of Your patient health information, data, or records.

In connection with using the Services to locate and schedule appointments with dental professionals, you understand that You are responsible for choosing to begin a relationship with any dental provider. Providers listed on the Services may have a contractual relationship with MOA.

COMPLIANCE WITH LAWS; TRANSMISSION OF DATA

With respect to its operation of the Services, and to the extent required by (i) the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the regulations promulgated thereunder, and (ii) the Health Information Technology for Economic and Clinical Health Act ("HITECH") and any regulations promulgated thereunder (HIPAA and HITECH are collectively referred to herein as the "Privacy Laws"), MOA will fully comply with the Privacy Laws applicable to business associates and maintain the confidentiality of any Protected Health Information (as defined by the Privacy Laws) ("PHI") transmitted or made available through the functionality of the Services or the Affiliated Services. MOA’s Privacy Policy is provided below.

You understand and agree that this Terms of Use Agreement may be amended from time to time if necessary to comply with the Privacy Laws. The requirements of this Section will survive the termination of Your use of the Services.

When You use the Services to upload, transmit, or receive PHI, You agree that, to the extent applicable, You shall comply with all applicable state and federal laws including, but not limited to, the Privacy Laws. You represent and warrant that You will, at all times, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of PHI. You agree that MOA, and all other persons or entities involved in the operation of the Services, have the right to monitor, retrieve, store, review, and use PHI, if applicable, in connection with the transmission of any PHI.

To the extent permissible under the Privacy Laws and any other applicable Federal and State laws, You hereby grant to MOA a license to use the data and information that is compiled or passes through the Services that specifically relates to You, Your patient care, Your dental provider's procedures, diagnoses, insurance provider procedures, policies, coverage, or payments, and any related information (collectively, the "Client Data"), in a de-identified format as defined under the Privacy Laws for data benchmarking, sharing, warehousing, resource utilization, and similar data analysis services; provided, however, that MOA shall comply with the Privacy Laws in connection with any such actions.

Your representations to MOA

You represent, warrant, and covenant to MOA that: (i) You have the full power and authority to enter into and perform Your obligations under these Terms of Use; (ii) Your assent to, and performance of, Your obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which You are bound, or any applicable federal or state laws; (iii) You are able to form a legally binding contract, and these Terms of Use constitute legal, valid, and binding obligations on You, enforceable in accordance with their terms; (iv) You have provided complete, truthful, and accurate information about Yourself for purposes of downloading, joining, and using the Services; (v) You are not using, and will not use, the Services, any Affiliated Services, or any information contained therein for any improper, harassing, or unlawful purpose; and (vi) You will comply with all applicable federal and state laws in Your use of the Services and the Affiliated Services, including these Terms of Use.

Violations of these terms of use

You agree that MOA may, in its sole discretion and without prior notice, terminate Your access to the Services and/or any related websites or applications if MOA determines in its sole discretion that You have violated these Terms of Use.

MOA may disclose any information it has about You, including Your identity, if it determines that such disclosure is necessary as part of any investigation or complaint regarding Your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with MOA's rights or property, or another person's rights or property. MOA reserves the right to disclose any information MOA deems necessary to comply with any applicable law, regulation, or governmental rule, and also when it determines that applicable law permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that MOA may preserve any communication by You with MOA through the Services any service offered on or through the Services, and may disclose such communications when required by law or if MOA deems that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to a claim that any communication, information posted on the Services, the Affiliated Services, or Content violates the rights of others; or (4) protect the rights, property or personal safety of MOA and its employees, users of or visitors to the Services and/or the public.

If MOA takes legal action against You as a result of Your violation of these Terms of Use, MOA will be entitled to recover from You, and You agree to pay, all reasonable attorney's fees AND costs of such action, in addition to any other relief granted to MOA. You agree that MOA will NOT be liable to You or to any third party for termination of Your access to the Services or removal of any communication or posting of information by You, or contents thereof, as a result of any violation of these Terms of Use.

MODIFICATION OR TERMINATION OF THE SITE

MOA may, in its sole and absolute discretion and without any liability, change, discontinue, make improvements to, modify, or suspend, any aspect or all of the Services, temporarily or permanently, at any time for any reason without prior notice. MOA is under no obligation to retain a record of your Account or any data or information that you may have used, disclosed, processed, retrieved, transmitted, or viewed on MOA’s website or application.

GOVERNING LAW AND ARBITRATION

These Terms of Use shall be governed, construed and applied in all respects by the laws of the State of Texas, without regard to any provision governing conflicts of law.

Any and all controversies, claims, or disputes arising out of, relating to, or connected with these Terms of use or Your use of the Services shall be referred to and settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with the provisions set forth under the AAA's Commercial Arbitration Rules and any other applicable rules and procedures ("Rules") by a panel of three arbitrators appointed in compliance with the Rules. This includes all disputes over arbitrability.

The Parties to this Terms of Use further acknowledge and agree that:

1. the location of the arbitration, including the location of all arbitration hearings, shall be Dallas, Texas; 
2. the arbitral award shall address the costs and expenses of arbitration and all matters related thereto, including, the allocation of same between the parties; 
3. the award of the arbitrators shall be final and binding upon the parties; and
4. the parties submit to the jurisdiction of the federal courts of Texas for the purposes of ratifying any award made pursuant to arbitration proceedings conducted in accordance with this clause and/or may enforce the award through such courts.  

By using the Services, You expressly waive Your right to pursue all controversies, claims, or disputes in court and instead must submit any such controversies, claims, or disputes to arbitration as described above.

Any arbitration (or, if arbitration of the action is not permitted by law, litigation) shall be solely on behalf of an individual person, and shall not be consolidated or joined with the claims of any other person or brought on behalf of a putative class unless previously agreed to in writing by both You and MOA.

MISCELLANEOUS

If any provision of these Terms of Use are ruled by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best furthers the intent of these Terms of Use, with all remaining provisions remaining in full force and effect.

These Terms of Use constitute the entire agreement between You and MOA with regard to Your access and use of the Services.

MOA may assign its rights, in whole or in part, in the Services in accordance with its sole discretion.

MOA’s failure or delay to insist on or enforce strict performance of these Terms of use shall not be construed as a waiver of any provision or any right that MOA has to enforce these Terms of Use.

You acknowledge and agree that it is the intent of both you and MOA to limit the period of time in which a claim may be filed, even if the period is shorter than that fixed by the statute of limitations. You therefore agree that any cause of action arising out of or related to MOA must commence within (1) ONE YEAR AFTER the cause of ACTION accrues, otherwise such cause of ACTION is permanently barred.

These Terms of Use do not confer any rights or remedies on any third parties.

Privacy Policy

This Privacy Policy informs you what information MOA may collect and how MOA uses such information. By visiting or using the services of MOA, you agree to accept the practices described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Services. MOA reserves the right at any time to modify this Privacy Policy. If we make revisions that change the way we collect, use, or share Personal Information, MOA will post those changes in this Privacy Policy.

PERSONAL INFORMATION COLLECTED BY MOA

MOA uses information collected from the users of the Services to personalize and improve Your visit and experience and for other purposes set out below. Through Your interactions with the website and application, MOA collects “Personal Information,” which is information that identifies an individual or related to an identified individual. Personal Information includes any information You have provided in connection with Your use of the Services or any information that You have provided in connection with Your use of the Services of Your dental provider. Personal Information is collected when You establish an account with MOA, or when You or Your dental provider communicates with MOA about Your dental care or Your use of the website or application.

Upon Your request or with Your consent, Your dental provider may share information about You, including Your Personal Information, with MOA. MOA shall only use such information as a “business associate” or a “covered entity” in accordance with the instructions or restrictions provided to MOA by Your dental provider.

Use of information collected

MOA uses the Personal Information collected in an effort to improve Your experience with the website or application, to provide services to You and to communicate with You about information that You request. MOA may also use Personal Information to help target specific offers to You and to help MOA develop and improve its services. Additionally, MOA may use Your Personal Information to: (1) respond to user service requests; (2) administer user accounts; (3) provide service to our clients, which may include dental providers; (4) respond to Your questions or concerns; (5) to communicate with users about our products, services, and related issues; and (6) to conduct research and analysis.

Sharing of information with third parties

MOA will not rent, sell, or otherwise disclose Your Personal Information to unrelated third parties without Your consent, except as stated in this Privacy Policy:

• MOA may disclose Personal Information, including Sensitive Personal Information, to MOA’s clients, which may include dental providers.
• To the extent permitted by law, MOA will disclose Personal Information to government authorities or third parties pursuant to a legal request, subpoena or other legal process.
• If MOA sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, You agree that MOA may transfer Your Personal Information to a third party as part of that transaction.

Security of personal information

MOA has reasonable and appropriate safeguards in place to help protect the Personal Information that MOA collects from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Although MOA attempts to protect the Personal Information in our possession, no security system is perfect, and MOA cannot promise that Your Personal Information will remain absolutely secure in all circumstances.

Data integrity and purpose limitation

MOA limits the use of Personal Information to ways that are compatible and relevant to the purposes for which the Personal Information was collected or subsequently authorized or for which consent is obtained. MOA will take reasonable steps to ensure that Personal Information is reliable for its intended use, accurate, complete, and current.

Retention of personal information

MOA will retain Your Personal Information as needed to fulfill the purposes for which it was collected. MOA will retain and use Your Personal Information as necessary to comply with MOA’s business requirements, legal obligations, resolve disputes, protect our assets, and enforce our agreements.

Right to access and correct personal information

MOA strives to make sure that our information is reliable, accurate, and current. While Personal Information is maintained by MOA, You may access the Personal Information that MOA has collected directly from You to the extent required by law to review, update, and correct inaccuracies. Upon request made to the contact listed below under the section titled “Contact Information,” MOA will provide You with reasonable access to the Personal Information that MOA has collected from You. Because some Personal Information is required to use the website or application, MOA retains certain Personal information as long as your account is active.

However, except as required by applicable law, MOA does not provide You with access to patient records and will recommend that Your directly contact Your dental provider to obtain a copy of Your patient records.

Contact information

If you have any questions or concerns related to this Terms of Use Agreement or Privacy Policy, please contact us at
[email protected]

Updated on June 27, 2019