DDSLink User Terms

INTRODUCTION 

ABOUT DDSLINK

The DDSLink User Terms describe the terms and conditions to which users of the DDSLink Site and Site Services agree. DDSLink is directed to licensed professionals including dentists, dental specialists and oral surgeons, who may act in the role of a Contracting Practice, in the role of a Service Provider, or both, depending on context. By joining DDSLink, you agree to be bound by these DDSLink User Terms. If you do not agree to these DDSLink User Terms, you may not visit, use, or access the DDSLink Site or Site Services, and you may not click to accept the DDSLink User Terms when prompted on the DDSLink Site.


  1. DDSLink is a platform that links Contracting Practices, which are host dental practices that desire to contract for third-party Professional Services, with Service Providers, who are licensed dentists or oral surgeons in the relevant jurisdiction, for the purpose of enabling a Service Provider to provide specified services, under specified terms, to a Contracting Practice. DDSLink provides collaboration and communication between its Contracting Practices and Service providers through management tools; document management and storage, and secure payment and invoicing tools. In some cases, a dentist or oral surgeon may act as a Contracting Practice at some times and as a Service Provider at other times. “User” refers to any user of DDSLink, whether or not that user has actually registered as a Contracting Practice or Service Provider. The “Site” refers to the DDSLink platform and website, regardless of whether it is accessed through a browser, dedicated “app” or otherwise, and “Site Services” refers to the services offered through the Site.
  2. DDSLink allows Contracting Practices to post Service Requests for consideration by Service Providers. If a Service Provider accepts a Service Request, the Service Provider will provide Professional Services to a patient of the Contracting Practice. The Professional Services may include dental services, oral surgery services, medical services, and related services, including support services and follow-up care (collectively, “Professional Services”).
  3. DDSLink is not a dental or medical practice. DDSLink does not offer any Professional Services. DDSLink does not offer any kind of dental or medical advice, opinions, recommendations, referrals or counseling. DDSLink does not have patients. DDSLink is not an employer of the Contracting Practices or the Service Providers. Neither Contracting Practices nor Service Providers are agents of DDSLink nor is there any joint venture, partnership or any kind of shared ownership between DDSLink and the Contracting Practices or the Service Providers.
  4. At no point can DDSLink be held liable for any conduct, action or omission of the Contracting Practices or the Service Providers.
  5. DDSLink is not a Referral Service or an Employment Agency for dentists, oral surgeons, or other dental or medical professionals. DDSLink does not select or endorse any individual Contracting Practices or Service Providers to each other or to patients. While DDSLink uses commercially reasonable efforts to confirm that registered Service Providers attorneys are licensed dentists or oral surgeons in their claimed practice jurisdiction, we do not make any warranty, guarantee, or representation as to the ability, competence, or quality or of any work performed or advice given by any Service Provider. DDSLink does not warrant or guarantee that Service Providers or Contracting Practices attorneys are covered by professional liability insurance. Contracting Practices and Service Providers are responsible for obtaining and maintaining professional liability insurance if they so choose, which is independent of DDSLink. Contracting Practices and Service Providers can also choose to list whether they are covered by liability insurance on their prospective profile page.
  6. DDSLink strongly encourages and recommends that Contracting Practices independently research any Service Provider before hiring the Service Provider or before and professional services are provided to patients.
  7. DDSLink does not recommend one Service Provider or Contracting Practice over another, nor does it vouch for any of its Service Providers or their performances in the work that they do. DDSLink simply provides a platform for connecting Service Providers and Contracting Practices. DDSLink does not endorse any of its Service Providers and does not sanction statements that Service Providers make on the platform. DDSLink makes no representation concerning the competency of any Service Provider’s Professional Services.
  8. DDSLink does not guarantee results.
  9. DDSLink does not guarantee payments between Service Providers and Contracting Practices. DDSLink charges a fixed $49 fee to participating Service Providers and Contracting Practices when connecting them, and any other payment between the Service Providers and Contracting Practices must be negotiated and paid between those parties.
  10. DDSLink maintains the confidentiality of patient information according to best HIPPA practices and other legal requirements. DDSLink is not responsible for the confidentiality or security of any data maintained by Service Providers and Contracting Practices.
  11. DDSLink is not liable for the actions or omissions of any Service Providers, whether to patients or to Contracting Practices.

USER RESPONSIBILITIES

  1. You, and you alone, are responsible for your account and anything that happens while you are signed in to or using your account. Your security is your responsibility.
  • User Account Security. If you sign up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from DDSLink. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify DDSLink immediately of any unauthorized use of User’s account, or any other breaches of security regarding your account. DDSLink will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.
  • Compliance with Laws. You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction, to bind yourself to this Agreement; (ii) your use of the Service will be solely for purposes that are permitted by this Agreement; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; (iv) your use of the Service will comply with all local, state and federal laws, rules, and regulations, and with all other DDSLink policies and procedures; and (v) the information you submit regarding your personal profile, practice, licensure, education, experience, and any disciplinary actions (together with any other information you provide, the “User-Generated Content”) will be true, correct, and current.
  • Use and Conduct Restrictions. You are allowed to use the service as long as you follow the rules and restrictions as set forth in this agreement and as per the applicable law in the state in which you reside. DDSLink is not responsible for the content our Service Providers and Contracting Practices post, and we have the right to close accounts that violate the terms of this agreement without notice if we believe or perceive the posts has violated DDSLink’s policies or procedures. The following are the Use Restrictions and Conduct Restrictions are the basic rules we expect users to follow while using the Service.

PROHIBITED SITE USES

You may not use, or encourage, promote, facilitate, instruct, or induce others to use, the Site or Site Services for any activities that violate any law, statute, ordinance or regulation; or for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.

EXAMPLES OF PROHIBITED USES OF THE SITE

The following are some examples of uses that are prohibited on the Site by Service Providers, Contracting Practices, or anyone who accesses or uses the Site, or when using the Site Services: Seeking, offering, promoting, or endorsing and services, content, or activities that:
  1. are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;
  2. would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website;
  3. would violate (a) DDSLink’s Terms of Service, (b) DDSLink’s other policies and procedures, (c) DDSLink’s Website Terms of Use, (d) the terms of service of another website or any similar contractual obligations, or (e) the academic policies of any educational institution;
  4. regard or promote in any way any escort services, prostitution, or sexual acts; or
  5. are harassing toward another person based on the person's inclusion in a protected class as defined by applicable law;
  6. is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  7. defames, harasses, abuses, threatens, or incites violence towards any individual or group;
Fraudulent or misleading uses or content, including:
  • fraudulently billing or attempting to fraudulently bill any User, Service Provider, or Contracting Practice including by (i) falsifying or manipulating or attempting to falsify or manipulate the services performed or expenses incurred on a particular job or project, (ii) reporting, recording, or otherwise billing patients for services that were not actually performed or for expenses not actually incurred, or (iii) reporting, recording, or otherwise attributing services performed by another person as services performed by you in a way that is misleading or false;
  • misrepresenting your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own;
  • using a profile photo that misrepresents your identity or represents you as someone else;
  • impersonating any person or entity;
  • falsely attributing statements to any DDSLink representative;
  • falsely stating or implying a relationship with DDSLink or with another company with whom you do not have a relationship;
  • allowing another person to use your account, which is misleading to other Users; or
  • falsely stating that one Service Provider will perform the work on a job when another will in fact perform the work, including by accepting an assignment on behalf of a Service Provider that is unable, unwilling, or unavailable to do the work;
  • Expressing an unlawful preference in a job post or proposal or otherwise unlawfully discriminating on a protected basis;
  • Posting identifying information concerning another person;
  • Spamming other Users, Service Providers, or Contracting Practices with proposals, including by making unsolicited contact of other Users, Service Providers, or Contracting Practices off the DDSLink platform;
  • Making or demanding bribes or other forms of payments without the intention of providing services in exchange for the payment;
  • Requesting or demanding free services, including requesting Service Providers or other personnel to submit work as part of the provision of services for very little or no money;
  • Requesting a Service Provider or other personnel complete work for free;
  • Duplicating or sharing accounts;
  • Selling, trading, or giving an account to another person without DDSLink’s consent;
  • Directly or indirectly, advertising or promoting another website, product, or service or soliciting other Users, Service Providers, or Contracting Practices for other websites, products, or services, including advertising on DDSLink to recruit other Users, Service Providers, or Contracting Practices to join an Agency or another professional practice, website, or company;
Interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site, including by:
  1. bypassing any measures that DDSLink may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
  2. attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
  3. using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
  4. attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;
  5. collecting or harvesting any personally identifiable information, including Account names, from the Site;
  6. attempting to or imposing an unreasonable or disproportionately large load (as determined in DDSLink’s sole discretion) on the Site’s infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of DDSLink or any third party;
  7. accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
  8. framing or linking to the Site or Site Services except as permitted in writing by DDSLink.
Conduct or actions that could jeopardize the integrity of or circumvent the Site, Site Services or DDSLink's proprietary information, including:
  • attempting to, or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law or DDSLink; or
  • accessing or using the Site or Site Services to build a similar service or application, identify or solicit to DDSLink Users.
  • contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

CONTRACTING PRACTICES AND SERVICE PROVIDERS 

  1. Service Providers are licensed dentists and oral surgeons who offer to perform Professional Services for patients of Contracting Practices. Service Providers are not employees or agents of DDSLink. Contracting Practices place offers for Service Providers to provide Professional Services. Contracting Practices are not employees or agents of DDSLink.
  2. Doctor-Patient Relationships: A doctor-patient relationship may be formed through the provision of Professional Services by Service Providers to patients, and a doctor-patient relationship may exist between a Contracting Practice and a patient. DDSLink is not a party to these relationships, and has no contact with, communications with, or obligation to any patient.
  3. Contracting Practices may post Service Requests for Professional Services. Service Providers may then accept the Service Requests to schedule an appointment to deliver Professional Services to the patient of the Contracting Practice. Upon acceptance, the scope of a Service Provider’s treatment obligations is strictly limited to the Professional Services agreed upon and necessary ancillary follow-up treatment or medical treatment. DDSLink will provide a form of contract between the Contracting Practice and the Service providers, which will include the fees/charges of DDSLink. DDSLink makes every reasonable and legally required effort to ensure the privacy of information provided by Contracting Practices and Service Providers and other personal messages on our Service, but it cannot guarantee confidentiality. DDSLink is not responsible for any actions taken, services provided (Professional Services or any other services), or agreements made by Contracting Practices, Service Providers, or other Users outside of the Site.
  4. Users are solely responsible for ensuring that any information they post or place on the Site, including without limitation User-Generated Content, any Service Request, and any patient information or other information, fully complies with all applicable laws and rules of the relevant jurisdictions, particularly in the state that they are licensed.

PAYMENTS AND CREDITS

  1. Payments between Users. DDSLink does not receive, process, or disburse payments between Users. In particular, DDSLink is not a party to the contracts between Contracting Practices and Service Providers and does not participate in the billing, payment, collection, or any other aspects related to the payment for Professional Services and related expenses between Contracting Practices and Service Providers.
  2. Payment for Site Services. Users pay DDSLink for Site Services, which includes matching Contracting Practices with Service Providers. When a Service Provider accepts Service Request, DDSLink charges a service fee to both the Contracting Practice and the Service Provider for that Service Request. This service fee is separate from any fees for Professional Services and is non-refundable (subject to the Service Credit provisions below). The service fee is payable at the time the Service Request and assignment is accepted by both the Contracting Practice and the Service Provider. The service fee is payable by any accepted electronic payment or by any Service Credits the User may have.
  3. Service Credits. No cash refunds are given for service fees. In the event that an accepted and paid Service Request is cancelled, DDSLink may offer, in its sole discretion, a Service Credit to the affected Users. The Service Credit may be used for payment of the service fee payable when a Service Request is accepted.

TERMINATION

Termination. As further defined herein, you may cancel this Agreement and close your account at any time. Termination of the DDSLink Service does not terminate doctor-patient relationships or obligations and does not affect any contracts or other obligations between Contracting Practices and Service Providers.
  1. You May Terminate This Agreement. If you wish to terminate this Agreement or your account with the Service, you may simply discontinue using DDSLink. If you wish to delete your User account data, please contact DDSLink at deletemyaccount@DDSLink.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile within 30 days.
  2. DDSLink May Terminate This Agreement. DDSLink may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately.
  3. Relationships Between Contracting Services and Service Providers Survive Termination. Termination of your relationship with DDSLink does not affect your relationship with any User you have contracted with through the DDSLink Service or any patient you have treated or advised. All legal, contractual, and ethical duties, obligations and responsibilities survive termination of the DDSLink relationship.
  4. Some Provisions Survive Termination. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISPUTE RESOLUTIONS PROCEDURES 

  1. In the event that a User has a good faith belief that an accepted and paid Service Request was based on misleading or inaccurate information regarding the Contracting Service, Service Request, or Service Provider, that User shall contact DDSLink to discuss the matter. DDSLink will investigate and take action according to its sole reasonable judgment, which may include issuing Service Credits, limiting or suspending access to a user, or otherwise. All Users agree that DDSLink’s liability does not extend beyond refund or credit of the service fee paid by the User for that accepted Service Request.

WARRANTIES 

  • Disclaimer of Warranties. We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
  1. DDSLink provides the Site and the Site Services “as is,” without warranty of any kind. Without limiting the foregoing, DDSLink expressly disclaims all warranties, whether express, implied or statutory, regarding the Site and the Site Services including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
  2. Specifically, DDSLink makes no representation or warranty that the information we provide or that is provided through the Site and the Site Services is accurate, reliable or correct; that the Site and the Site Services will meet your requirements; that the Site and the Site Services will be available at any particular time or location, that the Site and the Site Services will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Site and the Site Services is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, content or other material obtained from the Service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

LIMITATIONS OF LIABILITY. 

  1. DDSLink will not be liable for damages or losses arising from your use of the Site and the Site Services. Please read this section carefully; it limits our obligations to you.
  • To the extent permitted by applicable law, in no event will DDSLink be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (i) the use, disclosure, or display of your User-Generated Content; (ii) your use or inability to use the Site and the Site Services; (iii) the Site and the Site Services generally or the software or systems that make the Site and the Site Services available; or (iv) any other interactions with DDSLink or any other User of the Site and the Site Services, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not DDSLink has been informed of the possibility of such damage, and even if a remedy set forth in these User Terms is found to have failed of its essential purpose. DDSLink will have no liability for any failure or delay due to matters beyond our reasonable control. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
  • Third Party Beneficiaries. Users are intended third-party beneficiaries of this section of the User Terms. Any information provided on the Site for the provision of the Site Services is for informational purposes only and for fulfilling the purpose of the Site and the Site Services. DDSLink and any creator of User-Generated Content disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose, to the fullest extent permitted by law. In no event will DDSLink or a User be liable for any damages (including, without limitation, incidental and consequential damages, personal injury / wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site and the Site Services or the User-Generated Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not DDSLink or contributors of User-Generated Content are advised of the possibility of such damages. Neither DDSLink nor contributors of User-Generated Content are liable for any personal injury, including death, caused by your use or misuse of the Site, the Site Services, or User-Generated Content.

RELEASE AND INDEMNIFICATION 

  1. You agree to indemnify and hold harmless DDSLink from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site and the Site Services, including but not limited to your violation of these User Terms.
  2. If you have a dispute with one or more Users, you release DDSLink from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

MISCELLANEOUS.

  1. Modification of Terms of Use. DDSLink may amend these User Terms from time to time in DDSLink’s sole discretion. We will provide notification to Users of material changes to these User Terms (i) by sending a notice to the primary email address specified in your account, which will take effect immediately upon our sending of this email, and/or (ii) through the Site at least 30 days prior to the change taking effect by posting a notice on our home page.
  2. Non-material changes to these User Terms will take effect immediately. We encourage visitors to frequently check this page for any changes to these User Terms. Your continued use of the Site or Site Services after the effective date of a revised version of this these User Terms constitutes your acceptance of its terms.
  3. This Agreement is controlled by the laws of the State of Texas. You, and you alone, are responsible for any obligations you agree to under this contract. If DDSLink is involved in a merger or we are bought, we may transfer your account, including your rights and obligations under these User Terms, without notice to you, as long as your rights are protected. You may only agree to these terms if you are able to form a binding contract in your state. DDSLink’s User Terms, DDSLink’s other policies and procedures, and DDSLink’s Website Terms of Use, are the complete agreement between us, and no other terms apply.
  4. Governing Law. Except to the extent applicable law provides otherwise, DDSLink’s User Terms, DDSLink’s other policies and procedures, and DDSLink’s Website Terms of Use and any access to or use of the Site or Site Services are governed by the federal laws of the United States of America and the laws of the State of Texas, without regard to conflict of law provisions. You and DDSLink agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Dallas, Texas.
  5. Severability. If any part of these User Terms is held invalid or unenforceable, that portion of these User Terms will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of DDSLink to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under these User Terms will survive any termination of these User Terms or a User’s relationship with DDSLink.
  6. Limitation of Term of Action. You agree that any cause of action related to or arising out of your relationship with DDSLink must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
  7. Non-Assignability. DDSLink may assign or delegate DDSLink’s User Terms, DDSLink’s other policies and procedures, and DDSLink’s Website Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under DDSLink’s User Terms, DDSLink’s other policies and procedures, and DDSLink’s Website Terms of Use without DDSLink prior written consent, and any unauthorized assignment and delegation by you is void.
  8. Section Headings and Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
  9. Complete Agreement. DDSLink’s User Terms, DDSLink’s other policies and procedures, and DDSLink’s Website Terms of Use, represent the complete and exclusive statement of the agreement between you and DDSLink. These documents supersede any proposal or prior agreement oral or written, and any other communications between you and DDSLink relating to the subject matter of these User Terms. These User Terms may only be modified by a written amendment signed by an authorized DDSLink executive, or by the posting by DDSLink of a revised version.
  10. Authorization to Contract. You represent and warrant that if you are an individual, you are of legal age to form a binding contract; or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service.
  11. Non-Circumvention and Restriction on Solicitation of Users and Employees by all DDSLink Users. The parties acknowledge that DDSLink uses substantial labor and effort to connect contracting practices with service providers and DDSLink services to be rendered to the Users are of special and unusual character which have a great value to DDSLink. Users represent and warrant that they will not circumvent or attempt to circumvent DDSLink’s User Terms, DDSLink’s other policies and procedures, (c) DDSLink’s Website Terms of Use, or in any way to procure Professional Services from a Service Provider or DDSLink User outside of the DDSLink Platform without DDSLink prior written consent. In view of (i) the unique value to DDSLink of the services of Users for which DDSLink entered into this Agreement and (ii) the confidential information to be obtained by or disclosed to Users and (iii) the fact that attraction and retention of current and future Users to DDSLink, and the attraction and retention of current and future employees of DDSLink are mutually understood and acknowledged to be a fundamental asset of DDSLink, and as a material inducement of DDSLink to retain the services of its Users and to deliver services to the Users the rendered for the Users by DDSLink, all Users of DDSLink covenants and agrees as follows:
1. During the duration that any User of DDSLink creates an active account or has access to an active or inactive account with working DDSLink User login credentials shall not solicit, attempt to solicit, or cause to be solicited, any previous, active or inactive User of DDSLink, patient or employee of DDSLink and for a period of twenty-four (24) months after requesting to cancel or after deleting the User’s DDSLink account. If any User violates the terms of this restriction on solicitation or non-circumvention, the User agrees that damages resulting from a breach of paragraph 11.1 would be difficult to establish with certainty and that a reasonable calculation of damages for a single breach of this paragraph 11.1 is no less than Twenty-Four Thousand Dollars ($24,000) for the solicitation of any one User or Employee of DDSLink or the circumvention of DDSLink services. Therefore, the parties herby agree that for each instance in which the User is found to have violated 11.1, the User shall be liable for damages based on the foregoing figures, and for reasonable costs and attorney’s fees incurred as a result of such breach. The parties agree that any such damages are intended to compensate the party for damages that would be difficult to establish with certainty, and are not intended to punish the party for any breach of this paragraph 11.1.

At DDSLink’s discretion, any User taking actions such as to cause a violation of the non-circumvent terms listed above may have substantial restrictions placed on their account, which may meaningfully limit their usage of DDSLink service including but not limited to being suspended from the DDSLink site for a period of time to be determined solely by DDSLink.

DEFINITIONS

The following terms are used throughout these Terms of Use and have specific meanings. You should know what each of the terms means.
  1. “Site Services” refers to the services provided by DDSLink, including without limitation access to DDSLink online community; communication tools; scheduling tools, profile management tools, and others. DDSLink does not employ Service Providers or Contracting Practices, and does not deliver or contract to deliver Professional Services.
  2. “Agreement” (which may also be referenced herein as these “User Terms”) refers, collectively, to all the terms, conditions, and notices contained or referenced in this document.
  3. “Website” refers to DDSLink website located at https://www.DDSLink.com, all subpages and subdomains, and all content, services, and products available at or through the Website.
  4. “DDSLink,” “We” and “Us” refer to DDSLink, LLC, as well as our affiliates, members, managers, directors, subsidiaries, officers, and employees. Neither Contracting Practices nor Service Providers are part of DDSLink.
  5. “The User,”, “You” and “Your” refer to the person, company, or organization that has visited or is using the Site and/or the Site Services. “User” refers to any user of DDSLink, whether or not that user has actually registered as a Contracting Practice or Service Provider.
  6. “Professional Services” refers to dental services, oral surgery services, medical services, and related services, including support services and follow-up care, that may be provided by a Service Provider. DDSLink does not provide Professional Services.
  7. “Contracting Practice” refers to a dental or medical practice, or licensed professional of such practice, desiring to contract for third-party Professional Services. DDSLink is not a Contracting Practice.
  8. “Service Provider”, refers to licensed dentists or oral surgeons in the relevant jurisdiction who seek to provide Professional Services to third parties. DDSLink is not a Service Provider.
  9. “Users” refers any user of DDSLink, the Site, or the Site Services,
  10. “Content” refers to content featured or displayed through the Site, including without limitation text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Website. Content includes, without limitation, User-Generated Content, which may be submitted by any DDSLink User (including Contracting Practices or Service Providers).
  11. “Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with DDSLink.
  12. “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or another jurisdiction.
  13. “Service Credit’ refers to a credit accounted to a User by DDSLink and available to apply to DDSLink service fees. Service Credits have no cash value and are not redeemable for cash.
  14. “Site” means, collectively, the DDSLink platform, the Website located at www.DDSLink.com, all affiliated websites and applications, including mobile websites and DDSLink Mobile Applications (“apps”), owned and operated by us, our predecessors or successors in interest, or our affiliates.
  15. “Site Services” means, collectively, all services, applications and products that are accessible through the Site.
  16. “User-Generated Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, Service Requests, information you submit regarding your personal profile, practice, licensure, education, experience, and any disciplinary actions, or other information that you or any User posts to any part of the Site or provides to DDSLink, including such information that is posted as a result of questions.
  17. “You” means any person who accesses our Site, including a Site visitor or User and including any entity or agency on whose behalf any such person accesses or uses our Site.

    CONTRACTING PRACTICE, SERVICE PROVIDER, USER. AND ANY PERSON WHO USES THIS SITE ACKNOWLEDGES THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE ALONG WITH THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT, AND THERFORE WILL BE BOUND BY THESE AGREEMENTS.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

  1. DDSLink is committed to participating in a consumer-friendly dispute resolution process. This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in the United States; or (ii) your Country of Residence is not in the United States, but bring any claim against DDSLink in the United States.
  2. Agreement to Arbitrate. You and DDSLink mutually agree that any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement or interpretation thereof between you and DDSLink, or to the use of the DDSLink Service (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). The binding arbitration shall be conducted by an arbitrator located in Dallas, Texas. The parties shall mutually agree to a sole Arbitrator. If the parties cannot mutually agree, an Arbitrator will be chosen for them by American Arbitration Association. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and DDSLink agree that the arbitrator will decide that issue.
  3. Exceptions to Arbitration Agreement. You and DDSLink each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
  4. Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, DDSLink agrees that any required arbitration hearing may be conducted, at your option, by telephone, online, or based solely on written submissions; (b) the arbitration may not involve any personal appearance by the parties unless otherwise mutually agreed by the parties. Each party has the right to present witnesses at arbitration in favor of their case.
  5. Modification of AAA Rules - Attorney’s Fees and Costs. You and DDSLink each agree that either party may be entitled to seek an award of attorney fees and expenses if they prevail in arbitration, to the extent provided under applicable law and the AAA rules.
  6. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The Arbitrator’s decision is final and binding on all the parties.
  7. Jury Trial Waiver. YOU AND DDSLINK ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AS TO ALL DISPUTES THAT ARE AGREED AS DISPUTES BEING DEALT WITH BY ARBITRATION.
  8. No Class Actions or Representative Proceedings. You and DDSLink acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and DDSLink both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
  9. Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
  10. Changes and/or Revisions. Notwithstanding the provisions (“Modification of these Terms”), if DDSLink changes this Section (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these User Terms (or accepted any subsequent changes to these these User Terms), you may reject any such change by sending us written notice (including by email) within three (3) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of DDSLink’s notice to you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and DDSLink in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these User Terms (or accepted any subsequent changes to these User Terms).

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