This iPhone mobile application (the "Application"), as made available through the Apple, Inc. ("Apple") App Store is licensed, not sold, to you. As used herein, "You" and "Your" refer to the individual or entity that wishes to use the Application. Your license to this Application is subject to your prior acceptance of these Mobile Application Terms and Conditions ("Terms and Conditions") and you agree that these Terms and Conditions will apply to this Application. Your license to this Application under these Terms and Conditions is granted by Dentist Owl Company ("Licensor") in consideration of purchasing a license to the Application on the App Store. Licensor reserves all ownership and intellectual property rights in and to the Application. This Application supports the iPhone (the "Apple Devices"), and enables users to access, review and use certain data (and perform certain actions with such data) where such data is collected by a third party under a separate agreement with Licensor.
1. SCOPE OF LICENSE. This license granted to you for the Application by Licensor is limited to a non-exclusive, non-transferable, non-sublicensable, revocable limited license to run the Application on your Apple Devices solely for the purpose of performing those functions and tasks available to you as an end user of the Application who is using any Apple Device that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the "Usage Rules"). This license does not allow you to use the Application on any Apple Device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law. You may not use, access, reproduce, license, subscribe, sell, lease or distribute the Application or services performed or provided by the Application (the "Application Services") except in a manner consistent with personal reference or informational use as set forth in Sections 3 and 4 of the Terms and Conditions. Any attempt to do so is a violation of the rights of the Licensor. If you breach this restriction, you may be subject to prosecution and damages. You are not permitted to use the Application for any purpose other than as expressly permitted under these Terms and Conditions. You acknowledge that the Licensor may audit your use of the Application.
3. PURPOSE. This Application is provided to educate you on terms and issues in the dental profession to assist dental professionals with their practice and others with their daily lives. This Application is intended to solely provide educational materials and does not constitute the practice of any dental, medical, or other professional dental or health care advice, diagnosis or treatment in any way.
4. THIS APPLICATION DOES NOT PROVIDE MEDICAL ADVICE. (a) The contents of the Application, such as text, graphics, images, data, graphs, audio, videos, computer programs and other material and information (collectively the "Content"), are for informational or personal reference purposes only. The Content has been collected from a third party publisher and was not authored by Licensor. Licensor provides this Content in this Application with the sole intent for it to be used as one source of reference. Dentists and other medical professionals using this Application for their practice are responsible for independent verification of any information provided in the Content. Licensor shall not be liable for any misuse or misinterpretation of the Content. While the Licensor will strive to maintain and update the information provided in the Content of the Application as often as possible, Licensor provides the Content subject to its disclaimers in Section 9 below. Licensor provides no guarantee that the Content is true and accurate.
(b) THE CONTENT PROVIDED IN THIS APPLICATION IS NOT A SUBSTITUTE FOR THE ADVICE OF YOUR PROFESSIONAL PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. YOU ARE RESPONSIBLE FOR INDEPENDENT VERIFICATION OF DIAGNOSES, TREATMENTS, INDICATIONS, CHOICE OF DRUGS AND DRUG DOSAGES. ALWAYS SEEK THE ADVICE OF YOUR DENTIST, PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL SYMPTOM OR A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL DENTAL OR MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR SEEN IN THIS APPLICATION. IF YOU THINK YOU HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY, CALL 911 OR GO TO THE NEAREST HOSPITAL.
5. CHANGES AND UPDATES. Licensor may revise the information in this Application, or otherwise change or update the Application including these Terms and Conditions, without notice to you. Licensor may also make improvements and/or changes in services and functionalities or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of this Application will signify your continued agreement to these Terms and Conditions as they may be revised.
7. PASSWORDS. Licensor has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to the Application password or account. It is your sole responsibility to (a) control the disclosure and use of your activation codes and password; (b) authorize, monitor, and control access to and use of the Application account and password; and (c) promptly inform the Licensor of any need to deactivate a password.
8. SECURITY AND CONFIDENTIALITY. We afford the same degree of confidentiality to medical information stored on the Application as is given to health information stored by Licensor in any other medium. Licensor is committed to protecting the confidentiality of your health information. We limit our employees’ access and ability to enter or view health information based upon their role in your care. We have taken steps to make all health information we receive as secure as possible against unauthorized access, use, or disclosure.
9. DISCLAIMER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION AND YOUR RELIANCE ON THE OPERATION, OUTPUT OR RESULTS OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATIFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND APPLICATION SERVICES ARE PORVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REPSECT TO THE APPLICATION AND ANY APPLICATION SERVICES, EITHER EXPRESS, IMPLIED OR STAUTTORY, INCLUDING BUT NOT LIMITED TO, THE IMPIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR APPLICATION SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR APPLICATION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE APPLICATION OR APPLICATION SERVICES WILL BE CORRECTED, OR THAT THE APPLICATION OR APPLICATION SERVICES, INCLUDING THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY, OPERATION OR RESULT OBTAINED FROM THE USE OF THE APPLICATION OR APPLICATION SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR APPLICATION SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APPLICATION TO YOU IF ANY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION.
10. LIMITATION ON LIABILITY. LICENSOR, ITS AFFILIATES, AND SUPPLIERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY (INCLUDING DEATH), LOST PROFITS, CORRUPTION OR LOST DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE APPLICATION, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE APPLICATION, AND/OR ANY THIRD PARTY WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR, ITS SUBLICENSORS, AFFILIATES, AND SUPPLIERS SHALL NOT BE LIABLE FOR THE FAILURE BY YOU TO USE DUE CARE IN THE USE OF THE APPLICATION OR APPLICATION SERVICES, NOR SHALL LICENSOR, ITS SUBLICENSORS, AFFILIATES, AND SUPPLIERS SHALL BE LIABLE FOR ANY MEDICAL TREATMENT PROVIDED BY YOUR PROFESSIONAL DENTIST, PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL, WHETHER OR NOT THE APPLICATION OR APPLICATION SERVICES WERE USED OR REFERENCED IN CONNECTION WITH SUCH TREATMENT. YOU ARE RESPONSIBLE FOR INDEPENDENT VERIFICATION OF DIAGNOSES, TREATMENTS, INDICATIONS, CHOICE OF DRUGS AND DRUG DOSAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS APPLICATION, APPLICATION SERVICES, AND/OR THIRD PARTY WEB SITES IS TO STOP USING THE APPLICATION AND/OR THOSE SERVICES. THESE TERMS AND CONDITIONS ARE GOVERNED BY CALIFORNIA LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) IS ENACTED AS PART OF THE LAW OF THE STATE OF CALIFORNIA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THESE TERMS AND CONDITIONS.
11. PROHIBITED ACTIVITY. You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate or violate any rights of any party. In consideration of being allowed to use the Application, you agree that actions including but not limited to the following shall constitute a material breach of these Terms and Conditions: (a) signing on as or pretending to be another person; (b) using secure messaging for any purpose in violation of local, state, national, international laws or posted Licensor policies; (c) transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others; (d) transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including Licensor personnel) or entity as determined by Licensor in its sole discretion; (e) using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; (f) collecting information about others, including e-mail addresses; (g) intentionally distributing viruses or other harmful computer code; and (h) Licensor expressly reserves the right, in its sole discretion, to terminate a User's access to the Application due to any act delineated above, or any act that would constitute a violation of these Terms and Conditions.
12. TERMINATION. These Terms and Conditions are effective until terminated by you or Licensor. Your rights under these Terms and Conditions will terminate automatically without notice from Licensor if you fail to comply with any of these Terms and Conditions. Upon termination, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
13. COPYRIGHTS. Except as otherwise indicated, all content on the Application, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of Licensor or its licensors and is protected by United States and international copyright laws. Licensor allows you to view or download a single copy of the material on the Application solely for your personal, noncommercial use. The compilation of all content on the Application is the exclusive property of Licensor or its licensors and is protected by United States and international copyright laws. Unless specifically authorized in writing by Licensor, any use of these materials, or of any materials contributed to the Application by entities other than Licensor, on any other Web site or networked computer environment for any purpose is prohibited.
14. TRADEMARKS AND SERVICE MARKS. Other proprietary marks of Licensor or third parties may be designated as such from time to time on the Application through use of the TM, SM, or ® symbols. Application Users are not authorized to make any use of the Marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by Licensor or the applicable third party.
15. EXPORT RESTRICTIONS. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any purpose prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear, missiles or chemical or biological weapons.
16. LICENSOR. The Licensor of the Application is Dentist Owl Company. and is located at 180 Advance Blvd., Unit 3, Brampton, Ontario, Canada L6T 4J4. If you have any questions about the Application, please send an email to [ email address].
17. THIRD PARTY BENEFICIARY. You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to these Terms and Conditions and that upon your acceptance of these Terms and Conditions, Apple will have the right (and will deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
18. GOVERNING LAW; JURISDICTION; ATTORNEYS FEES. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. You and Licensor hereby agree and acknowledge that all disputes arising out of or relating to these Terms and Conditions or Your use of the Application shall be brought exclusively in the Superior Court of San Francisco. The prevailing Party in any action relating to this Agreement is entitled to recover from the other Party its reasonable attorneys’ fees.