Welcome to EDI-Health Group, Inc. ("EHG"). EHG is
comprised of various web sites and web pages operated by
EDI-Health Group, Inc. or its business partners
("Partners"). These include: dentalxchange.com,
edihealth.com and webclaim.net as well as other web sites we
may add in the future.
With respect to your access and use of the EHG Sites, EHG
provides its services to you subject to the following Terms of
Use ("TOU"), which may be updated by EHG from time to
time without notice to you, and which updates become effective
when posted. You are responsible for regularly reviewing these
terms and conditions.
In addition, when using particular EHG web sites or services,
you and EHG shall be subject to any posted guidelines or rules
applicable to such sites or services that may be posted from
time to time. All such guidelines or rules are hereby
incorporated by reference into these TOU. In the event that any
of the terms, conditions, and notices contained herein conflict
with such guidelines or rules, then these terms shall control.
You agree to be bound by these TOU, and indicate such
agreement by any use of EHG Sites and services.
If
you do not agree to these TOU, do not access and use the EHG
Sites and services.
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PERMITTED USE. Subject to these TOU, EHG
hereby grants you the right to access and use the EHG Sites.
Unless otherwise specified herein, or agreed-upon by EHG, the
EHG Sites are for your personal, non-commercial use only. EHG
retains all rights with respect to the EHG Sites except those
expressly granted to you in this Agreement. You agree not to
duplicate, publish, modify, or otherwise distribute the
material on the EHG Sites unless specifically authorized in
writing by EHG to do so. You agree not to frame, or assist
third parties in framing, any of the web pages contained in
the EHG Sites. Such framing is strictly prohibited under this
Agreement. The content and software on the EHG Sites are the
proprietary property of EHG and/or its suppliers and Partners
and are protected by U.S. and international copyright and
other intellectual property laws. dentalxchange.com,
DentalXChange, Better Tools for Your Practice, the tooth logo
and ClaimConnect™ are the trademarks of EHG. The names
of actual companies and products listed on the EHG Sites may
be the trademarks of their respective owners.
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LINKS TO THIRD PARTY SITES. The EHG Sites may
contain links or produce search results that reference links
to third party web sites ("Linked Sites"). EHG has
no control over these Linked Sites or the content within them.
EHG cannot and does not guarantee, represent, or warrant that
the content contained in the Linked Sites, including, without
limitation, other links, is accurate, legal, and/or
inoffensive. EHG does not endorse the content of any Linked
Site, nor do we warrant that a Linked Site will not contain
computer viruses or other harmful code that can impact your
computer or other web access device. By using the EHG Sites to
search for or link to another site, you agree and understand
that such use is entirely at your own risk, and that you may
not make any claim against EHG for any damages or losses
whatsoever resulting from such use. However, if you experience
a problem with a Linked Site, please let us know by contacting
us at (949) 852-0825 (or by writing us at EDI-Health Group,
Inc., 17701 Cowan, Suite 250, Irvine, CA 92614), and we will
investigate the link and take appropriate action.
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NO UNLAWFUL OR PROHIBITED USE. As a condition
of your use of the EHG Sites, you warrant to EHG that you will
not use the EHG Sites for any purpose that is unlawful or
prohibited by these TOU. You agree not to use the EHG Sites in
any manner that could damage, disable, overburden, or impair
the DentalXChange Sites or interfere with any other party's
use and enjoyment of the EHG Sites. You may not obtain or
attempt to obtain any materials or information through any
means not intentionally made available or provided for through
the EHG Sites.
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USE OF EHG COMMUNITY SERVICES. If you
participate in any directory listings, chat rooms, bulletin
boards, or other forum (collectively "Community
Services") within the EHG Sites, you agree that any
information, including, without limitation, directory
listings, discussion posts, chat posts, IM posts, web links,
advertisements, articles, white papers, and reviews, posted by
you:
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shall not be false, inaccurate or misleading;
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shall not be fraudulent;
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shall not infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or
rights of publicity or privacy;
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shall not violate any law, statute, ordinance or regulation
(including without limitation those governing export
control, consumer protection, unfair competition,
anti-discrimination or false advertising);
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shall not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing;
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shall not be obscene or contain child or other pornography;
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shall not contain any viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines
that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data
or personal information;
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shall not create liability for EHG, or cause us to lose (in
whole or in part) the services of our ISPs or other
suppliers and Partners; and
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shall not link directly or indirectly to links you do not
have a right to link to or include.
EHG has no obligation to monitor the Community Services.
However, EHG, reserves the right to review materials posted
to a Community Service and to remove any materials in its
sole discretion. EHG reserves the right to terminate your
access to any or all of the Community Services at any time
without notice for any reason whatsoever. EHG does not
control or endorse the content, messages, or information
found in any Community Service, and, therefore, EHG
expressly disclaims any liability with regard to the
Community Services and any action resulting from your
participation in the Community Services. All such
participation is solely at your own risk.
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PRIVACY AND DISCLOSURE OF INFORMATION. If you
post any content to the EHG Sites, by electronic mail or
otherwise, we will treat it as non-confidential and
non-proprietary to you. By posting any content on the EHG
Sites, you authorize us to use and allow others to use,
distribute, and reproduce the content.
EHG reserves the right at all times to disclose any
information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit,
refuse to post, or to remove any information or materials, in
whole or in part, in EHG's sole discretion.
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OWNERSHIP OF SUBMITTED CONTENT. You agree
that any and all information and content that you provide to
the EHG Sites becomes the exclusive property of EHG, and you
irrevocably assign all rights of ownership, including, without
limitation, intellectual property rights, to EHG upon
submission of the information and content. You represent and
warrant that you are the owner of such information and content
and are authorized to make such assignment of rights.
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WARRANTY DISCLAIMER. EHG does not promise
that the EHG Sites will be error-free, uninterrupted, nor that
the EHG Sites will provide specific results from your use of
any content, search or link on them. The EHG Sites and all
content contained within them are delivered on an "AS
IS" and "AS AVAILABLE" basis. EHG does not
warrant or represent that files you download from the EHG
Sites will be free of viruses or other harmful features. EHG
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND
FITNESS FOR A PARTICULAR PURPOSE.
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LIMITATION OF LIABILITY. UNDER NO
CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF
CONTRACT, TORT OR NEGLIGENCE, WILL EHG, OR ITS AFFILIATES AND
PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS)
THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE EHG SITES.
IN NO EVENT SHALL EHG'S AGGREGATE LIABILITY, OR THE AGGREGATE
LIABILITY OF EHG'S AFFILIATES AND PARTNERS, TO YOU FOR ANY
LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE EHG
SITES EXCEED THE TOTAL AMOUNTS, IF ANY, PAID BY YOU TO EHG FOR
ACCESSING THIS SITE.
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ADDITIONAL REPRESENTATIONS AND WARRANTIES.
You represent, warrant, and covenant that (a) you have the
power and authority to enter into this Agreement; (b) you are
at least eighteen (18) years of age; and (c) you will only use
the EHG Sites in accordance with these TOU.
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INDEMNITY. You agree to indemnify and hold
EHG and its Partners, affiliates, officers, directors, agents,
and employees harmless from any liability to third parties,
including reasonable attorney's fees, arising from or related
to your breach of this Agreement, or the documents it
incorporates by reference, or your violation of any law or the
rights of a third party.
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DESIGNATED AGENT FOR ALLEGED COPYRIGHT
INFRINGEMENT. EHG respects the intellectual property of
others, and we ask you to do the same. If you believe some
content on the EHG Sites has been copied in such as way to
constitute copyright infringement, please contact our
Designated Agent below:
Senior Corporate Counsel
EDI-Health Group, Inc.
17701 Cowan, Suite 250
Irvine, California 92614
Phone: (949) 852-0825
Fax: (800) 692-3445
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GENERAL. This Agreement shall be governed in
all respects by the laws of the State of California without
giving effect to its conflict of laws provisions. Both parties
submit to personal jurisdiction by and venue in the state and
federal courts in the State of California, County of Orange,
and further agree that any cause of action arising under this
Agreement shall be brought in such venue. If any provision of
this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall
be enforced. Headings are for reference purposes only and in
no way define, limit, construe or describe the scope or extent
of such section. Dental Connect, Inc.'s failure to act with
respect to a breach by you or others does not waive its right
to act with respect to subsequent or similar breaches. This
Agreement and the terms and conditions contained herein sets
forth the entire understanding and agreement between us with
respect to the subject matter hereof, and supersedes any prior
or contemporaneous understanding whether in written or oral
form.