SHOPADOC
CLIENT/PARTICIPATING DENTIST TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SHOPADOC SITE
ShopADoc, Inc., (“ShopADoc”), is a secure electronic reverse auction website (“Site”) that has been designed to allow Clients in search of reasonably priced dental services the opportunity to receive such services in a more transparent marketplace. For Participating Dentists, ShopADoc provides an opportunity to provide competitively priced dental services to individual Clients seeking such services. Use of this Site by either Clients or Participating Dentists is totally voluntary. The terms “You” or ”Your” refers to either Client and/or Participating Dentist as applicable. The terms “We” or “Ours” refers to ShopADoc. In order to use this Site you must agree to these Terms of Use.
1. General Terms of Use
Your use of ShopADoc is governed by these Terms of Use. You represent and warrant that You are at least eighteen(18) years of age and that You have the legal right and ability to enter into these Terms of Use. You agree to provide accurate and complete information when using the Site. By enrolling for the services provided by this Site, as either a Client or Participating Dentist, You agree to be bound by these terms without modification. If You do not agree with these Terms of Use You should not use this Site. ShopADoc contains moving images, graphics, video, and sound effects to enhance the user experience. If You have health conditions that may be aggravated or triggered by such effects, You should not use this Site.
2. Client Acknowledgement
Client agrees and acknowledges that this Site does not provide dental, medical and/or health care advice or service of any sort. ShopADoc makes no representations, express or implied, as to the type of services that the Client may or may not receive from a Participating Dentist nor does ShopADoc make any representations of the quality of any services that may be provided by a Participating Dentist. Client agrees and acknowledges that while ShopADoc expects Participating Dentists to honor any quote for services, ShopADoc has no involvement in any financial transactions between the Client and Participating Dentist. While ShopADoc requires Participating Dentists to attest that they are currently licensed and are in good standing to practice dentistry in the location in which services may be delivered, ShopADoc does not evaluate and/or credential any Participating Dentist’s qualifications to practice dentistry. Client acknowledges and agrees that it is Client’s obligation to confirm that any Participating Dentist that the Client may use is properly licensed and otherwise competent to render the care being sought. Reliance on any information from this Site is “as is” and is solely at Your own risk.
3. Participating Dentist Acknowledgement
Participating Dentist agrees and acknowledges that he/she is licensed and in good standing in any state and the District of Columbia in which Participating Dentist seeks to deliver services to a prospective Client. Participating Dentist agrees and acknowledges that failure to be properly licensed in the location in which services are to be provided may be considered a crime. Participating Dentist understands that if ShopADoc learns that Participating Dentist is not properly licensed, Participating Dentist will be barred from the Site and a referral will be made to the appropriate regulatory agency. ShopADoc makes no representations, express or implied, that Participating Dentist will receive the opportunity to provide services to any Client seeking services on this Site. Participating Dentist acknowledges and agrees that all payment arrangements between Participating Dentist and any Client that selects Participating Dentist for services are between such parties, ShopADoc in no way guarantees payment for any services provided. While all payment terms are between Participating Dentist and Client, Participating Dentist agrees and acknowledges that he/she will honor the price quoted for any Client accepting Participating Dentist’s bid for services, extenuating circumstances excepted.
4. No Insurance
The services provided on this Site are not designed for use by individuals with dental insurance, medical insurance and/or other third-party sources of payment. Client and/or Participating Dentist acknowledge and agree that any services obtained and/or provided via this Site are not eligible for insurance and/or third-party coverage. Violation of “House Rules” will result in the violator being banned from further use of the Site.
5. Not a Referral for Health Care Services
This Site does not refer Clients for the provision of any health care service, rather this Site provides a platform for Clients seeking dental services to request services from Participating Dentists that are seeking to provide services. ShopADoc treats both Clients and Participating Dentists in a consistent and equitable manner and the decision to obtain and/or provide treatment, if any, is solely between the Client and the Participating Dentist. ShopADoc receives no success or placement fee, nor does it receive any portion of the any fees paid by a Client to a Participating Dentist. ShopADoc only receives the flat fees listed for Clients and/or Participating Dentists. The payment of such fees are to utilize the ShopADoc Site and do not vary based on whether or not any services are ever actually provided.
6. Privacy and Security Measures
All online communications concerning Your personal information carry some risk of disclosure. We cannot guarantee that Your personal information will not be at risk of disclosure; however, We have taken certain steps to substantially reduce such risk. The following are a few of those steps:
- All interaction via the Site will be appropriately secured;
- Your email address is confidential and protected information. With Our best effort We will protect this information including health care information and other personal information;
- We will never purposely share Your information with any third party;
- All access to Our internal computer networks are password protected. We have taken appropriate steps to comply with industry security requirements.
However, You also share in the responsibility of protecting Your information. Accordingly, Your communications via the Site should be in a manner that reduces the likelihood of unintended disclosure of Your personal information. Some helpful things to keep in mind include:
- Do not store, send or access messages on Your employer-provided computer or handheld device. Personal information is normally accessible by Your employer;
- Do not store, send or access messages from public access terminals like those found in public libraries or hotels;
- Use a screen saver or close Your messages so that others nearby cannot read them;
- Keep Your username and password safe and private;
- If You think someone has learned your password, You should promptly change it using the Site.
Additional information regarding how We maintain Your privacy and/or use Your personal information may be found by reviewing Our Privacy Policy.
7. Site Content
All content on the Site is protected by applicable copyright laws with title to all content remaining with ShopADoc. ShopADoc authorizes Client and/or Participating Dentist to use Site content for the express purposes of seeking dental services and/or providing dental services. No other use of any of the content found on this Site is approved. Neither Client nor Participating Dentist may use or distribute any of the content on the Site without the express written permission of ShopADoc.
8. Disclaimer of Warranties
Client and/or Participating Dentist acknowledge and agree that They are using this Site “as is”. To the fullest extent allowed by law, ShopADoc disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability and/or fitness for a particular purposes. Additionally, ShopADoc makes no representations or warranties regarding the following:
- The competency or quality of any service provided to Client by a Participating Dentist;
- The success of Client in securing services from a Participating Dentist and/or the success of Participating Dentist in securing Clients seeking services;
- The accuracy or reliability of any information contained on this Site and/or the ability of this Site to operate in a continuous and uninterrupted manner; and
- The accuracy or reliability of any information, including images, provided by either a Client or Participating Dentist relating to request for and/or provision of services facilitated via the Site. The parties acknowledge and agree that additional images and/or information may be required for the provision of any services sought via the Site. The decision to request and/or provide additional information are solely the responsibility of the Client and Participating Dentist;
- Any statutory and/or regulatory requirements relating to the services offered by ShopADoc. Client and/or Participating Dentist agree and acknowledge that it is Their responsibility to be aware of and comply with the applicable laws in Their specific jurisdiction.
9. Limitations of Liability
Neither ShopADoc, nor any of its officers, directors, employees, or agents shall be liable for losses or damages arising from input errors or misuse of the Site, negligent handling or sharing of any password, leaving a computer or device unattended during an online session or failure to sign off at the end of Your session, compromise of any password or account privacy arising from security problems with any computer or device You use to access the Site, or Your failure to report a known incident of unauthorized account access or incorrect information. Further, while the Site has been designed to allow for the secure communication of information, ShopADoc shall not be liable for breaches of Site security beyond ShopADoc’s reasonable control. IN NO EVENT SHALL SHOPADOC OR ANY OF ITS OFFICERS DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY/WRONGFUL DEATH, LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SHOPADOC WEB SITE OR THE SERVICE PROVIDED, WITH THE DELAY OR INABILITY TO USE THE SHOPADOC WEB SITE OR THE SERVICE PROVIDED, OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF THE SHOPADOC WEB SITE OR THE SERVICE PROVIDED, EVEN IF SHOPADOC KNOWS OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SHOPADOC WEB SITE, OR THE SERVICE PROVIDED, OR ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SHOPADOC WEB SITE, OR THE SERVICE PROVIDED. As to losses and damages, if any, arising from Your use of the Services and the Software and from Your access to this Web Site would be difficult, if not impossible to assess, You agree that THE TOTAL LIABILITY OF SHOPADOC ITS OFFICERS DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, IF ANY, FOR ACTUAL LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY YOU FOR USE OF THE SHOPADOC WEB SITE OR, IF NO AMOUNTS HAVE BEEN PAID BY YOU, ONE U.S. DOLLAR ($1.00 US).
10. Client and Participating Dentist Site Usage
You agree that Your usage of the Site is strictly limited to either seeking dental services and/or providing dental services. You authorize ShopADoc to contact You as needed for Site related clarifications and notices. You permit ShopADoc to exchange Your contact information within a congratulatory email, sent to both Client and Participating Dentist, following a successful paring at the conclusion of any auction. You acknowledge and agree that this Site may not be used for any other purpose. You agree that You will not use this Site for any unintended purpose nor will You engage in any conduct that infringes or violates the rights of any person. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except for information You provide, all content on the Site is copyrighted by ShopADoc. You may download and/or print a copy of information provided on this Site for Your personal use only, provided You keep all copyright and trademark notices intact. All marks displayed on the ShopADoc Site are trademarks or service marks (both registered and unregistered). No right license or interest in such marks is granted to You under this Agreement. You agree that You will not assert any such right, license or interest with respect to such marks.
11. Payment for Site Services
You understand that once Site registration is initiated, as either a Client or Participating Dentist, that there will be no refund of any payment for any issues outside of the sole control of ShopADoc. Additionally, ShopADoc disclaims any responsibility for credit card/debit card issues involving any 3rd party processor.
As a promotion, ShopADoc may make available a promo code to discount the dentist registration fee. All registrations will renew at the regular non-discounted rate.
Participating Dentist may deactivate the auto-pay registration renewal feature through the “Update Card on File” within the dentist drop down menu. Deactivation must be prior to the registration anniversary date to avoid charges.
12. External Links and Websites
We may provide, or third parties may provide, via the Site, links to other World Wide Web sites or resources. Because We have no control over such sites and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. Changes to Terms of Use
We reserve the right to change these Terms of Use at any time. If the Terms of Use changes You will be notified upon Your next login, and Your continued use of the Site constitutes Your agreement to the Terms of Use as they appear at the time You use the Site.
14. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHOPADOC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, ACTIONS OR DEMANDS, LIABILITIES, AND SETTLEMENTS, INCLUDING BUT NOT LIMITED TO, REASONABLE LEGAL AND ACCOUNTING FEES RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THESE TERMS OF USE OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING BUT NOT LIMITED TO USE OF THE SITE, INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR ACCOUNT.
15. Term and Termination
Either We or You may terminate Your right to use the Site at any time, with or without cause, upon notice. We reserve the right to terminate or suspend Your right to use the Site without prior notice, but We will confirm such termination or suspension by subsequent notice. In addition, We may withdraw, suspend or discontinue any functionality or feature of the Site. The provisions of these Terms of Use concerning Disclaimer of Warranty, Limitation of Liability, Indemnification, Term and Termination and General Legal Provisions shall survive any termination of these Terms of Use.
16. Electronic Signature
You agree that Your electronic signature is the legal equivalent of Your handwritten signature. You will not repudiate the meaning of Your electronic signature or claim it is not legally binding.
17. Legal Remedies
These Terms of Use will be governed by Florida law for all purposes, including the use of the Site or services available from the Site, without regard to or application of choice of law rules or principles. You hereby consent to the jurisdiction and venue of the courts of Florida with venue being proper in Orange County, Florida. You should be aware that some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion for incidental or consequential damages that are contained in this Terms of Use. By agreeing to be bound by these Terms of Use, You may be waiving legal rights that could be available to You in another jurisdiction.
18. Severability
If any provision of these Terms of Use or of any other legal notices posted by Us on this Site is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Terms of Use should remain in full force and effect.
19. Waiver
Our failure to exercise or enforce any right or provision of these Terms of Use or other legal notices posted by Us on this Site shall not constitute a waiver of such right or provision. No waiver of any of these Terms of Use or of any other legal notices posted by Us on this Site shall be deemed a further or continuing waiver of such term or condition or any other term or condition. No Modification by Course of Conduct or Trade Practice. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use or of any other legal notice posted by Us on this Site.
20. Assignment
We may assign our rights and duties under these Terms of Use to any person at any time without notice to You or Your approval.
21. Notices
If You have questions or comments regarding this Site, please contact us.
22. Complete Agreement
These Terms of Use and all other legal notices (including but not limited to these Terms of Use and the Privacy Policy) on this Site constitute the complete agreement between You and ShopADoc with respect to the use of the Site, the Service and the Software. Your use of the Site and Services provided via the Site is also subject to the Our Privacy Policy.
