:DP HealthNow Mobile App Terms of Use

THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS MOBILE APP AND OUR SERVICES. BY ACCESSING, USING OR SIGNING UP FOR THIS MOBILE APP OR ANY OTHER SERVICES, YOU ARE AGREEING TO THESE TERMS WITH THE :DP HEALTHNOW MOBILE APP.

Introduction

Welcome to the :DP HealthNow Mobile App. This Mobile App, and the information, content, products and services it makes available (which, collectively are referred to as “the App”), is provided to you by DentalPlans.com, Inc. These Terms of Use (these “Terms”) set forth the terms and conditions governing your use of this Mobile App.

Modifications to these Terms

“The App” may make changes to these Terms from time to time in its sole discretion, by updating this posting on this “the App”, and specifying the effective date of the new version of the Terms. Your continued use of the “the App” following the posting of a new version of the Terms constitutes your acceptance of any such changes. Accordingly, whenever you visit this “the App” you should check to see if a new version of the Terms has been posted.

Privacy

We describe our current practices related to personally identifiable information collected through the “the App” in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion.

Your Use of Content and Information — Disclaimer with Respect to Content

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available on the “the App”. Some of the Content is provided by “the App” or its suppliers or partners, and other Content is provided by persons who use the “the App” (“Users”), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. While “the App” strives to keep the Content that it posts on the “the App” accurate, complete, and up-to-date, “the App” cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by “the App” or its suppliers or partners, or by Users of the “the App”. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of “the App”. “the App” does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Web “the App”.

“The App” does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the “the App”.

Notwithstanding the foregoing, “the App” will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.

THE CONTENT AVAILABLE VIA THE “THE APP” IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER “THE APP” NOR ITS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.

SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.

User-Submitted Content

Representations Made and Rights Granted

You are responsible for all Content that you submit, post, or otherwise make available to or through the “the App”. By doing so, you represent and warrant to “the App” that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content.

“the App” makes no claims to ownership of Content that you submit, post or otherwise make available to or through the “the App” and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to “the App” and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:

  1. with respect to Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available to public areas of the “the App” (e.g. not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such Content (in whole or part) worldwide via the “the App” or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
  2. with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of the “the App”, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available.

Do(s) and Don’t(s) for Users

You agree that you will comply with applicable laws, this Terms, and DO(s) and DON’T(s).

Ownership and Intellectual Property Rights

Ownership

This “the App” is owned by DentalPlans.com, Inc. All right to, title to, and interest in the Content available via the “the App”, the “the App”’s look and feel, the designs, trademarks, service marks, and trade names displayed on the “the App”, and the “the App” URLs, are the property of DentalPlans.com, Inc., or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.

License to Use Content

“the App” grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the “the App” only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the “the App” in any other manner or for any other purpose without the prior written permission of DentalPlans.com, Inc. All rights not expressly granted in this Terms are expressly reserved to “the App” and DentalPlans.com, Inc.

Trademark Notices

All trademarks, service marks, logos and designs used on this “the App”, whether registered or unregistered, are owned by DentalPlans.com, Inc., or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by DentalPlans.com, Inc., or its affiliates without our prior written consent.

Your Contact With Advertisers or Other Third Parties

Your dealings with advertisers or other third parties found on or accessible through the “the App” are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to Users and should not be construed as an endorsement by “the App” of content, items, or services on those third-party sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk.

“the App” does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that “the App” will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the “the App”.

Disclaimer of Warranties With Respect to “the App”

THE “the App” IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. “the App” EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

“THE APP” DOES NOT MAKE ANY WARRANTY THAT THE “THE APP” WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE “THE APP” WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. “THE APP” MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE “THE APP” OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE “THE APP”.

Limitations of Liability

“the App” AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE “the App”. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT “the App” IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.

ADDITIONALLY, IN NO EVENT WILL “the App” OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE “the App”; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR “the App”; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE “the App”; OR (5) ANY OTHER MATTER RELATING TO THE “the App”. THESE LIMITATIONS WILL APPLY WHETHER OR NOT “the App” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

You agree to indemnify and hold harmless “the App” and DentalPlans.com, Inc., its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Terms; or (2) the Content you submit, post, or transmit through the “the App”.

Your Account

You are responsible for maintaining the confidentiality of any passwords associated with your “the App” account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (unless we cause a security breach).

Modification or Suspension of the “the App”

“The App” may at any time modify, discontinue, or suspend its operation of this “the App”, or any part thereof, temporarily or permanently, without notice to you.

Termination

Either party may terminate the Terms for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the “the App”. The provisions of these Terms which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.

Severability of Terms

If any provision of the Terms is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Terms shall continue in full force and effect.

Applicable Law

These Terms and the resolution of any dispute related to these Terms or the “the App” shall be governed by and construed in accordance with the laws of Florida without giving effect to any principles of conflicts of law. Any legal action or proceeding between “the App” and you related to the Terms shall be brought exclusively in a court of competent jurisdiction sitting in Broward County, Florida, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.

User Do’s and Don’ts

Do

Comply with the Terms and all Laws; and submit accurate, lawful and interesting content.

Don’t

Submit, post, or otherwise make available to or through the “the App” any information that:

  • is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another’s privacy;
  • infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right;
  • contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
  • includes any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings; or
  • you do not have the right to submit, post, disseminate, or transmit.

Use the “the App” in any way to:

  • impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any content that you submit or transmit through the “the App”;
  • disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
  • interfere with, disrupt, or harm in any way the “the App” or servers or networks connected to the “the App”;
  • electronically stalk or otherwise harass another user;
  • engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law; or
  • use the “the App” in violation of any applicable laws or regulations, or any rules or guidelines established by “the App”.

User Rights and Responsibilities

Please bear in mind that all of the material you read in our community areas comes from other members. “The App” doesn’t monitor or verify the information posted by our members. The comments, opinions, and statements posted on our bulletin boards and chats reflect the views of the user who makes the post and don’t necessarily reflect the views of “the App”. The information posted on our boards and chats, including advice and opinions, is the responsibility of those members who create the posts. Posts from users may contain medical information that is incorrect or dangerous to you or your children. Please consult your doctor or other qualified professional before relying on information you find in the community areas. If you believe that you have an emergency of any kind, please contact your healthcare provider or dial 911 or your local emergency number for assistance.

“THE APP” AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE “THE APP”, INCLUDING THE COMMUNITY AREAS. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF CONTENT POSTED IN THE COMMUNITY AREAS.

THE CONTENT AVAILABLE IN THE COMMUNITY AREAS IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER “THE APP” NOR ITS SUPPLIERS, PARTNERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.

YOU SHOULD NOT UTILIZE SUCH CONTENT AS MEDICAL OR HEALTHCARE ADVICE, MEDICAL DIAGNOSIS, OR TREATMENT FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION.