Welcome to referralDDS, and thank you for choosing our services!We strive to provide you with a great user experience. Our services are industry specific to facilitating patient referrals between dental offices and to provide dental care providers an efficient way to communicate. referralDDS INC. TERMS OF SERVICEPlease read the “Terms of Service” and “Business Associate Agreement” carefully before using our services. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE AND BUSINESS ASSOCIATE AGREEMENT, DO NOT USE OUR WEBSITE OR THE SERVICES WE PROVIDE. You agree to these terms by using Our Services. USER AGREEMENT YOU(a User of Our online referral system) ARE ENTERING INTO A LEGALLY BINDING AGREEMENT with ReferralDDS Inc.,a California Corporation(Us). As a User of Our System, some segments of Your patients health records are transmitted through Our on-line System. By signing up with an account or with use of the ReferralDDS SYSTEM and WEBSITE, You agree to the Term of Service and confer legal obligations. Do not click “Sign up” or continue use of Our System unless you agree fully with the terms of the User Agreement set forth. Right of Use We grant You a personal, nontransferable, non-exclusive limited right to use and access Our online web-based System and a limited license to use Our software on any computer during the Term, subject to Your compliance with Our Terms and Conditions in this Agreement. We do not grant you the right to modify Our Software, Services or System or to combine it with any other software or services not approved by Us. No rights are granted to the System itself. Qualification Your use of the System is subject to verification by Us of Your identity and credentials as a dentist/health care practitioner and to your ongoing qualification as such. We use and disclose Your Personal Information for such purposes without limitation and including making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to Us such information as We may request f, and You will hold them and Us harmless from any claim or liability arising from request for or disclosure of such information. Termination of Your access to or use of the System for any reason at any time may be made by Us, including but not limited to the inability to verify Your qualifications and credentials. Use Permits We authorize You to access the System and to use the Services for referring Your patients to other health care providers and/or receiving referrals from other health care providers, and for communication between You and other health care providers regarding Your mutual patients or for a patient whom a provider has a treatment relationship with has requested a professional consultation from You, or from whom you have received authorization to use their health information. You agree that You will not access the System or use the Services for any other purposes.
Clinical Content The System provides a platform for healthcare providers to exchange health information. We are not responsible for the accuracy or completeness of clinical content available from or through our site. You agree to indemnify and hold Us harmless from the use by You of any health information provided through the System. Information is provided by Users of the System and is not generated by Us, but only conveyed through our System. We accept no liability for the consequences to you or your patients of your use of the System or the Services. We make no representations concerning the completeness, accuracy or utility of any information in the System, or concerning the qualifications or competence of individuals who placed it there. You assume all risk and responsibility for the use of the information You obtain from or through this Site. You agree that ReferralDDS Inc. is not responsible or liable for any claim, loss, or liability arising from the use of the information. No recommendation is made of any provider or health-related products, items or services, and the appearance of materials and services on this site is not an endorsement or recommendation of them. All warranties are disclaimed, whether expressed or implied, including any warranty as to the accuracy and suitability of the information provided through the System. Protections You will place and maintain appropriate security measures with regard to all personnel, User IDs, systems, and administrative processes used by You and members of Your Workforce to access, transmit, store and process patients electronic health information through use of Our System. You will protect against unauthorized access of the System by implementing and maintaining appropriate physical, technical and administrative processes. Any breach or suspected breach of the security of the System of which You become aware of must be immediately reported to us. You will take appropriate action to mitigate the breach or suspected breach and will cooperate with Us in investigating and mitigating the breach as We may direct.
Compliance You are solely responsible for the use of the System by You and Your Workforce, and that the use of the System complies with the terms of this Agreement. Also, You are solely responsible for ensuring that Your use of the System and the Services, including making health information available through the System, complies with all applicable law. You will not undertake or permit any unlawful use of the System. No assurance is made that Your use of the System and the Services under the terms of this Agreement will not violate any law or regulation applicable to You under state and federal guidelines. You shall indemnify Us and hold Us harmless from any claim, cost or liability arising from such use of the System.
Insurance You will obtain and maintain such policies of general liability and professional liability insurance as is usually carried by health professionals covering the Term of this Agreement. Indemnification You agree to defend, indemnify, and hold harmless Us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to Your or Your Workforce access to the Site or Services or the violation of this Agreement (including without limitation the Terms of Use, the Privacy Policy, and the Additional Terms), or from any email or other communication generated or sent through Our Services or any content contained therein, whether or not in breach of this Agreement. System Purpose The purpose of the System is to facilitate referrals to and from health care providers to assist patients in getting proper and timely care from health care providers to whom and from whom they are referred by with the aid of an on-line platform for storing and organizing Your Patients Health Information. The system will allow for sharing of information among Users and their Authorized Workforce. You make Your patients Health Information accessible to other Users through the System for referral purposes. You authorize Us to use and disclose You Patients Health Information, subject to the recipient’s acceptance and agreement to Terms of Service, and with applicable laws and regulations relating to the use and disclosure of health information. Electronic Referral Forms By creating an electronic referral form, We make an on-line health record for the patient You designate accessible to another User of the System whom You have consented to. You may revoke Your consent with respect to any User at any time. An approved User may view and edit any health record You have designated for his or her use. Upon Your revoke, the approved User will continue to have the ability to view health records in the form in which it existed at the time You revoked consent, but unable to edit or to see changes. The same rules apply to your use of another user’s record that approves access for you.
Information Security The security of Your Personal Information and that of Your Patients Health Information is important to us. We endeavor to follow generally accepted industry standards to protect the information You submit to Us during transmission and in storage. We apply the standards of the Privacy Rule in permitting access to the System. You acknowledge that other federal and state laws may impose additional restrictions on the use and disclosure of certain types of health information, or health information pertaining to certain classes of individuals. You agree that you are solely responsible for ensuring that Your Patients Health Information may properly be disclosed for the Purpose of System subject only to the Privacy Rule. In particular, You will not make available through the System any information subject to any restriction on use, and You will obtain any necessary consents, authorizations or releases from individuals required for making their health information available through the System.
Product and Service Notifications Advertisements concerning products and services of third parties may be placed on Our Website, so that You see them when You use the System, for free Basic Accounts. We may receive remuneration from the suppliers of these products and services for placing their advertisements. However, We will not disclose to any third party any information that identifies You, unless You give Your consent. Marketing You agree that We may refer to You by name, business name, and profession with a brief description of Your practice and Your use of ReferralDDS system for advertisement and promotion of ReferralDDS to Your colleagues. Individuals’ Rights You shall be solely responsible for affording individuals their rights with respect to Personal Health Information including the rights of access and amendment. Termination Upon termination We will, if feasible, return and/or destroy all Protected Health Information received from You or created by us on Your behalf that We still maintain. If return and/or destruction of such records are not feasible, We extend the protections of this Agreement to the information and limit further uses and disclosures to those Users that You had approved access to Your on-line Electronic Referral Forms. We will continue to make those records available to the approved or formerly approved User until needed. Fees All services are on a month to month basis with no long term contracts. You agree to pay the fees for the different account types We offer at the time You sign up for Our Services. Non-standard services such as a customized Electronic Referral Form will have additional charges. You will be notified of any additional fees (Non-standard Charges) before providing the services. Current fees and charges are listed at ReferralDDS.com, or can be obtained by emailing accounts@referralDDS.com or calling 415-608-9747. Accounts You will be prompted periodically during Your one-time free 90-day trial use of the “Prime Account” via email used to create Your account to provide a valid credit card number before the end of the 90-day trial in order to maintain Your “Prime Account” status. Once the free trial period is over, Your account will change to a “Basic Account” if not upgrade to a paying account before the end of the free trial period. The “Basic Account” will have limited features and capabilities compared to a “Prime Account”. Loss of some content and features will occur with downgrading Your account to a “Basic account”. Billing You will be billed for your first month immediately upon upgrading to a paying account. All Services are billed in advance on a monthly basis or annually if so desired. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with a paying account. To treat everyone equally, exceptions will not be granted unless You are unable to utilize Our Services for technical reasons that We have been unable to resolve within 30 days of setting up a new account. Online Payments Online payments through the Websites with Your credit card information will be and is protected by encryption, such as with the Secure Socket Layer ("SSL") protocol. The SSL protocol makes it difficult for Your credit card information to be stolen or intercepted during transmission. ReferralDDS may also use a service company to process its credit card transactions. Money Back Guarantee If You have technical problem and have contacted our technical support team and still are unable to utilize Our System, We will refund You with a 30-day money back guarantee from the date You purchased Our Services. “Non-standard Charges” are not refundable. Taxes All fees are exclusive of federal, state, municipal, or other government excise, sales, use, occupational, or like taxes now in force or enacted in the future. You agree to pay any tax that We may be required to collect from You from the sale of Services purchased under this Agreement. Cancellation and Termination You are responsible for canceling Your account. You can cancel Your account by logging into Your account clicking the admin link at the top of Your screen. Upon cancellation of Your account all Content in Your account will be deleted and You cannot recover the information.
Carrier Lines The System is provided over “Carrier Lines” (routers, switches, local exchange, internet etc.) of various facilities and providers maintained and owned by third parties beyond Our control. We confer no liability as to the integrity and security of any information while in transmission over the Carrier Lines or as to their delay, loss or corruption. YOU ASSUME ALL RISK FOR USE OF CARRIER LINES. No Warranties WE PROVIDE THE SITE AND ACCESS TO THE SYSTEM “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. NO expressed or implied Warranties or Guarantees are given about Our services. We disclaim all warranties and liability for any special, indirect, consequential, or exemplary damages including all statutory Warranties, pertaining to the System, the Site and its Services without limitations, such as but not limited to loss of revenue, use, or data whether or not a claim is based for such damages or liability is base on negligence or breach of contract. We cannot guarantee access to the system at times or locations of Your choosing. ReferralDDS Inc. does not warrant that the System or Site to operate bug-free and are free from viruses, defects, contaminants or other harmful items. Conditions for Breach We will not be in violation of this Agreement unless We have failed within thirty (30) days of receipt of Your written notice either to cure the problem, and if cure within such period is not practical, to be working diligently to cure the problem. Limitation of Liability The entire risk resulting from the use of ReferralDDS website and/or System rests with the Users. In no event shall ReferralDDS, content providers, officers, owners, directors, or employees be liable for any and all damages arising from the use of the System and Website, or online assets including but not limited to software, SMS, email and web databases and directories. OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM. Termination upon Notice We or You may terminate this Agreement at any time without cause upon thirty (30) days prior written notice to the other Party. We retain the right to immediately terminate, suspend, or amend this Agreement, on notice to You, without liability: (a) to comply with any order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of law. Changes You will be given a 30 days’ notice of any substantial and material changes or updates to the Services and Terms of Service. ReferralDDS will post notices of such changes on its Website. Applicable Law Any disputes arising out of or relating to this Agreement will be governed by the laws of the State of California, excluding California’s conflict of laws rules. If any claims are brought on or in connection with the services or terms this Agreement, the venue shall be exclusively the federal or state courts of City of Santa Rosa and County of Sonoma, California. ARBITRATION This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of California as applied to contracts, without giving effect to the state’s conflicts of law statute. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. Authority The individual or individuals entering into this Agreement represent and warrant that they are competent and capable of entering into a binding contract. Contact: referralDDS Inc. Mail: 1420 Guerneville Road, #2, Santa Rosa, Ca 95403 Phone: (415)608-9747 E-mail: support@ReferralDDS.com By accessing the referralDDS Website and System you are agree to use the Services provided in compliance with the terms of this User Agreement. DefinitionsWe/Us: ReferralDDS Inc. or ReferralDDS You/User: any person or persons using of the ReferralDDS System or Website to conduct patient referrals. Parties: You (the User) and We (referralDDS). Users: registered Users of ReferralDDS. Authorized Workforce: members of Your Workforce who are individually authorized by You and Us to access the ReferralDDS System to assist You in dental referrals of your patients. Workforce: Your employees, agents and independent contractors. System: referralDDS online patient referral network system, including all hardware and software used or provided by Us. User Generated Content: content created and provided by Users and their associates or employees. Electronic Referral Form: part of the ReferralDDS System in which Your Patient Health Information is available to other Users of the System or Health Information of other Users of the System is made available to you. Patient Health Information: protected Health Information that You or Your Workforce enter into the System. HIPAA: Health Insurance Portability and Accountability Act of 1996. HITECH Act: Heath Information Technology for Economic and Clinical Health Act of 2009. Policies and Procedures: Our rules, regulations, policies and procedures for access to and use of the System. Privacy Rule: standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. Protected Health Information: the meaning given to it in the Privacy Rule and includes any individually Identifiable Health Information concerning Your patients that You provide to the System. Security Rule: the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR part 160 and part 164, subparts A and C. Term: the initial term and all renewal terms of this Agreement as provided in Term Section. Implementation Date:date on which You start using the ReferralDDS System. Words and terms not defined above will have definitions assigned as in HIPAA. |
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