Effective Date: June 29, 2020
Last Updated Date: June 29, 2020 (Version 1)
I. Introduction and Eligibility
Please read these Terms of Use (“Terms”) carefully before using My Dental Key.
These Terms include My Dental Key’s Privacy Policy, which is incorporated by reference into these Terms. We have included several annotations in boxes to help explain or identify key sections. These annotations are for convenience only and have no legal or contractual effect.
This agreement is a legally binding contract. It may change as our business changes, and by accessing our platform, you are agreeing that you will review it and any updates regularly. We will notify you of material changes and obtain your consent as may be required by law. Your continued use of the Services means you accept any changes.
Binding Agreement. These Terms constitute a binding agreement between you and My Dental Key and its affiliates and subsidiaries (“My Dental Key,” “we,” “us” ). “You” and “users” shall mean all visitors to My Dental Key. You accept these Terms each time you access My Dental Key. If you do not accept these Terms, you must not use My Dental Key. The information on this platform is to be used by licensed dental professionals and dental students only. If you are not licensed or not in the process of obtaining a license as a dentist, dental therapist, or expanded function dental clinician, do not use or access My Dental Key.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of My Dental Key after a change to these Terms constitutes your binding acceptance of these Terms. If we implement changes to these Terms which would materially affect your rights or obligations as set forth in these Terms, we will make reasonable efforts to provide notice and obtain consent as may be required by law.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on My Dental Key.
II. My Dental Key
“My Dental Key” means any website, mobile application, or Internet service under My Dental Key’s control, whether partial or otherwise, in connection with providing the services provided by My Dental Key, including mydentalkey.com. My Dental Key provides an online and mobile platform for content and learning management.
“Personal Information” means information that alone or when in combination with other information may be used to identify or that is identifiable to an individual. Personal Information does not include information that has been anonymized so that it does not allow a third party to easily identify a specific individual. We collect, retain and process Personal Information about you in order to provide My Dental Key.
The content available on My Dental Key is for educational and informational purposes only. We are not responsible for the effects of your reliance upon the content.
Educational Content. The content available on My Dental Key is intended for educational and informational purposes only. We do not guarantee the validity and accuracy of such content. We may, but are not required to, moderate the content to improve its accuracy. We are not liable for the effects of your reliance on such content. You acknowledge that such information may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Participation In Research Studies on My Dental Key. You may choose to participate in research studies conducted on My Dental Key by answering questions in questionnaires. By answering questions in such questionnaires through My Dental Key, you consent to take part in the research study and to have data collected through the questionnaires, including your name and other identifying information, shared with research institutions, such as Harvard University. We may also share aggregate response data (e.g., number of questions answered, accuracy, time spent) with your educational institution. If you are a student at such research or educational institutions, your choice to participate in a research study and aggregate information about your question responses may be used by such institutions and/or professors according to their policies. You should contact your institution or professor for more information about how such information will be used.
Approval as a Contributor. To post content to My Dental Key, you must be approved by the proprietors and administrators, which may include My Dental Key Management Team and educational institution employees. You agree that My Dental Key has the right of final approval for all contributors and that such approval shall be carried out at My Dental Key’s sole discretion.
III. Eligibility to Use My Dental Key
Children. No part of My Dental Key is directed to persons under the age of 16. IF YOU ARE UNDER 16 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS My Dental Key AT ANY TIME OR IN ANY MANNER.
Non-licensed dental professionals. The information on this platform is to be used by licensed dental professionals and students only. If you are not licensed or not in the process of obtaining a license as a dentist, dental therapist, or expanded function dental clinician, do not use or access My Dental Key AT ANY TIME OR IN ANY MANNER.
Agent of a Company, Entity, or Organization. If you are using My Dental Key on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:
- are an authorized representative of that Organization;2. have the authority to bind that Organization to these Terms; and
- agree to be bound by these Terms on behalf of that Organization.
IV. Your Account
You are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on My Dental Key.
You represent and warrant that the information you provide to My Dental Key upon the licensing of My Dental Key and at all other times will be true, accurate, current, and complete.
Your Log-In Credentials. To use My Dental Key, you will have log-in information, including a username and password or social networking log-in credentials. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of My Dental Key and to preserve the confidentiality of your credentials, and any device that you use to access My Dental Key.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify My Dental Key by e-mail to MyDentalKey@gmail.com. You will be solely responsible for the losses incurred by My Dental Key and others due to any unauthorized use of your account.
You may review and update your personal data in your account by clicking the [“Update My Profile”] icon on your membership page. If you have any questions about our treatment of your data, or if you wish to update your personal data, you can email us at MyDentalKey@gmail.com.
V. Communications
We may send you push notifications and text messages, with your permission and you are responsible for all associated charges.
We may communicate with you by email or by posting notices on My Dental Key. You may request that we provide notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for customer service-related purposes. You may also receive push notifications and/or text messages for both content delivery and customer service-related purposes. DO NOT VIEW OR ANSWER THESE WHILE DRIVING OR OPERATING HEAVY MACHINERY. Do not access My Dental Key while driving or operating heavy machinery.
Push Notifications from My Dental Key. By accessing and/or downloading the My Dental Key web platform and/or mobile app and requesting that we communicate information to you by push notification, you consent to receive push notifications on your mobile device (e.g. smartphone or tablet) as requested. In addition, standard messaging, data, and other fees may be charged by your wireless service carrier. You are responsible for these charges. You may turn off these notifications by navigating to the Settings page of the app and disabling the push notifications.
We are not responsible for the timeliness or final delivery of the push notification, as this is out of our control and is the responsibility of network relays.
Text Messages from My Dental Key. By providing us your mobile telephone number and requesting that we communicate information to you by text message, you consent to receive commercial text messages at that number as requested. In addition, standard messaging, data, and other fees may be charged by your wireless service carrier. You are responsible for these charges. You may turn off or unsubscribe from these messages by texting UNSUBSCRIBE in reply to text messages from My Dental Key. You may also be able to change your text message preferences using My Dental Key.
We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.
Electronic Notices. By using My Dental Key or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of My Dental Key. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on My Dental Key or sending an email to you. You may have a legal right to receive this notice in writing. To enable the receipt of free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at MyDentalKey@gmail.com.
VI. My Dental Key’s Content Ownership and Use
My Dental Key owns or has rights to all of the content we make available through My Dental Key, but you may access it as you use My Dental Key. You cannot use our logos, illustrations, or other content without our written permission.
The contents of My Dental Key include: designs, text, graphics, images, videos, information, logos, button icons, software, audio files, computer code, and other My Dental Key content not covered under the Creative Commons license described below (collectively, “My Dental Key Content”). All My Dental Key Content and the compilation (meaning the collection, arrangement, and assembly) of all My Dental Key Content are the property of My Dental Key or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use My Dental Key and the My Dental Key Content solely for the purpose of personal use. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the My Dental Key Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original My Dental Key Content on any copy you make of the My Dental Key Content.
My Dental Key Marks. “My Dental Key,” the My Dental Key logo, and other My Dental Key product and service names are or may be trademarks of My Dental Key (the “My Dental Key Marks”). You agree not to display or use in any manner the My Dental Key Marks without our prior written permission for each use and subject to the terms of such permission.
VII. Intellectual Property and Your License to Use
You, or the people who allow you to use their content, own all of the content you post using My Dental Key. However, by making the content “public,” we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.
It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
My Dental Key Claims No Ownership. My Dental Key may provide you with the ability to create, post, or share content (“Your User Content”). My Dental Key claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through My Dental Key. You are responsible for protecting those rights.
My Dental Key’s Use of Posted Content on My Dental Key. By creating, posting, or sharing Your User Content and making it “public” on or through My Dental Key, and subject to My Dental Key’s Privacy Policy, you grant My Dental Key a world-wide, non-exclusive, royalty-free license to use, modify, remove, publish, transmit, sub-license, or display Your User Content for any purpose without compensation to you, including for the purpose of promoting My Dental Key and its services. This same license applies to all question responses. By creating, posting, or sharing Your User Content and keeping it “private” on or through My Dental Key, you grant My Dental Key a world-wide, non-exclusive, royalty-free license to use, modify, remove, publish, transmit, or display such content on My Dental Key for the sole purpose of providing the My Dental Key services. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. My Dental Key reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion. Within a reasonable time after you terminate your account, your Personal Information will be deleted and will no longer be stored by My Dental Key. The license you grant My Dental Key under these Terms includes My Dental Key’s use of aggregated information from your account in the manner described in these terms and in the Privacy Policy even after it is canceled.
Creative Commons Licenses. A user may view User Content from contributors provided under a Creative Commons license. Certain Creative Commons licenses, such as Attribution-NonCommercial-ShareAlike (BY-NC-SA), prohibit its use for commercial purposes without prior written approval and require attribution to My Dental Key and the content author. For more information about this Creative Commons license, click here. You may not use such content for commercial purposes unless you have the written consent of My Dental Key. If you want to reproduce such content you must properly attribute My Dental Key and the content author. Some content, such as lecture slides, course syllabi, and professors’ notes, may not be covered by the Creative Commons license. Such content may not be shared. Please contact us at MyDentalKey@gmail.com if you have questions about what content may be shared.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of My Dental Key, any right, title, or interest in or to such content delivered via My Dental Key or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through My Dental Key or otherwise have the right to grant the licenses set forth in these Terms, (ii) the posting and use of Your User Content on or through My Dental Key does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, creative commons license, or any other rights of any person, and (iii) the posting of Your User Content on My Dental Key does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through My Dental Key. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
My Dental Key contains original content and content from users. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through My Dental Key.
VIII. Copyright Policy
Tell us if you think a user has violated your copyright using My Dental Key, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on My Dental Key infringe your copyright, you (or your agent) may send My Dental Key a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on My Dental Key are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow My Dental Key to locate the material on My Dental Key;
- Your name, address, telephone number, and email address(if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send My Dental Key a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to My Dental Key should be sent to mydentalkey@gmail.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
IX. Suggestions and Submissions
We appreciate your comments. If you provide us creative ideas, we may acknowledge your input, but we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding My Dental Key. Please be advised, however, that if you provide us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
- own, exclusively, all now known or later discovered rights to the creative ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- been titled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
X. Privacy
Privacy Policy. Our information collection and use policies with respect to the privacy of your Personal Information are set forth in My Dental Key’s Privacy Policy. You further acknowledge and agree that you are solely responsible for: (i) the accuracy and content of Personal Information and (ii) if you are providing Personal Information about a third party to us, for obtaining any consents and authorizations of the applicable third party that may be required by applicable law before providing such Personal Information to us.
Data Protection Legislation. Personal Information provided to us through My Dental Key may include “personal data” as defined by and subject to any national law of an EU member state adopted pursuant to Regulation (EU) 2016/679 (“Personal Data”). With regard to our processing of Personal Data: (a) if you are a user who purchases and uses My Dental Key directly, we serve as the “controller” of the personal data you provide to us; and (b) if you are a an entity such as one of our University Customers (as defined in our Privacy Policy), we process the personal data that you and your users provide to us on your behalf as a “processor” of such personal data. If you are an entity such as one of our University Customers (i) you acknowledge and agree that you are the controller of such Personal Data and we are a processor of such Personal Data under the Terms of Use, (ii) you will comply with your obligations as a controller under applicable law, and (iii) you and we agree to comply with the Data Processing Agreement. In the event Personal Data processed by us is transferred from any EU member country to the United States, (A) if you are an individual, you explicitly consent to the transfer of your data to the United States and (B) if you are an entity, you and we agree to comply with the Standard Contractual Clauses.
XI. User Content Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on My Dental Key or content available on My Dental Key.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using My Dental Key you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on My Dental Key. My Dental Key does not endorse any, nor is it responsible for, User Content on My Dental Key. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
So that everyone can continue to enjoy learning from our site, please do not do bad things with, try to break, or steal content from My Dental Key.
You agree to use My Dental Key only for its intended purpose. You must use My Dental Key in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of My Dental Key are prohibited. You may not:
attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to My Dental Key, user accounts, or the technology and equipment supporting My Dental Key;
- frame or hot link to MyDentalKey or content available on MyDentalKey without permission;
- use data mining on any content other than content provided under a Creative Commons license;
- use robots or other data gathering devices on or through MyDentalKey, without our permission;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or harass, abuse, or post objectionable material;
- post offensive and/or unreasonably graphic material, such as text or images to which the average user base would take offense (e.g., posting educational anatomy photographs depicting nudity to medical education modules is acceptable, while posting gratuitous and pornographic images is not);
- post questions taken from other sources, such as preparation books and academic institutional exams;
- post plagiarized content;
- sell, transfer, or assign any of your rights to use My Dental Key to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use My Dental Key in an illegal way or to commit an illegal act in relation to My Dental Key or that otherwise results in fines, penalties, and other liability to My Dental Key or others; or
- access My Dental Key from a jurisdiction where it is illegal or unauthorized.
XII. Consequences of Violating These Terms
If you do not act acceptably, we may prohibit your use of My Dental Key.
We reserve the right to suspend or terminate your account and prevent access to My Dental Key for any reason, at our discretion. We reserve the right to refuse to provide My Dental Key to you in the future.
My Dental Key is under no obligation to review any User Content. Notwithstanding the above, My Dental Key may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of My Dental Key.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of My Dental Key.
XIII. My Dental Key’s Liability
We are not liable for the actions of users when they use My Dental Key. We may also change My Dental Key at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using My Dental Key or other websites.
Changes to My Dental Key. We may change, suspend, or discontinue any aspect of My Dental Key at any time, including hours of operation or availability of My Dental Key or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using My Dental Key. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release My Dental Key of all claims, demands, and damages in disputes among users of My Dental Key. You also agree not to involve us in such disputes. Use caution and common sense when using My Dental Key.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of My Dental Key. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through My Dental Key. Use My Dental Key at your own risk.
Third-Party Websites. My Dental Key may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of My Dental Key.
Released Parties Defined. “Released Parties” include My Dental Key and its affiliates, officers, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES You use My Dental Key at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF My Dental Key IS AT YOUR SOLE RISK, AND My Dental Key IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON My Dental Key, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) My Dental Key WILL MEET YOUR REQUIREMENTS, (ii) My Dental Key WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF My Dental Key WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON My Dental Key WILL MEET YOUR EXPECTATIONS, OR (iv) ANY ERRORS IN My Dental Key WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF My Dental Key IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of My Dental Key. If you use My Dental Key in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF My Dental Key HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE My Dental Key; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF My Dental Key; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON My Dental Key; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO My Dental Key. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH My Dental Key OR YOUR USE OF My Dental Key CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any My Dental Key Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
C. EDUCATIONAL PURPOSES ONLY, NOT MEANT AS MEDICAL ADVICE
My Dental Key does not provide medical or dental advice. My Dental Key and the content available on My Dental Key’s properties (My Dental Key.com, YouTube, Instagram, Facebook, Twitter, and other channels) do not provide a diagnosis or other recommendation for treatment and are not a substitute for the professional judgment of a health care professional in diagnosis and treatment of any person or animal. The determination of the need for medical or dental services and the types of healthcare to be provided to a patient are decisions that should be made only by a physician, dentist, or other licensed healthcare provider. Always seek the advice of a physician, dentist, or other qualified healthcare provider with any questions you have regarding a medical or dental condition.
XIV. General Terms
These Terms constitute the entire agreement between you and My Dental Key concerning your use of My Dental Key. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
XV. Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in Delaware, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of My Dental Key.
These Terms and the relationship between you and My Dental Key shall be governed by the laws of the state of Delaware without regard to its conflict of law provisions. You and My Dental Key agree to submit to the personal and exclusive arbitration of any disputes relating to your use of My Dental Key under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Delaware. You covenant not to sue My Dental Key in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of My Dental Key or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
XVI. Miscellaneous
Billing. You may purchase a Paid Subscription directly from My Dental Key or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the My Dental Key Service for a specific time period (“Pre-Paid Period”).
My Dental Key may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the My Dental Key Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
Renewal; Cancelation. Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to My Dental Key or the third party through which you received the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by clicking here if you purchased the Paid Subscription through My Dental Key, or if you purchased the Paid Subscription through a third party, by canceling the Paid Subscription through such third party. The cancellation will take effect the day after the last day of the current subscription period, and you will lose access to the My Dental Key platform. We do not provide refunds or credits for any partial monthly Paid Subscription periods.
Log In Issues. In the event that you forget your username/password or are unable to log in, please e-mail us at MyDentalKey@gmail.com.
Product Notifications. In the event that we need to send out a product notification, e.g. an app recall or another issue, we will notify you via our mailing list. You may also contact us at MyDentalKey@gmail.com to learn more or for any reason.
Requesting Personal Information. If you would like to access information about your usage of My Dental Key, please email us at MyDentalKey@gmail.com.
My Dental Key may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the My Dental Key Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
CONTACT INFORMATION
My Dental Key
MyDentalKey@gmail.com
