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Symbyos makes this website, or portions thereof, available, in exchange for any required fees (“Access Fees”) as may be agreed upon and charged to Subscribers and Approved Dental Schools, to help educate patients and dental students about oral health and dental treatment.
Access to ToothIQ is controlled by a login and password, and requires all Subscribers and Educational Users to agree to all of the terms and conditions set forth in this Agreement.
By accessing the login areas of this website, Subscriber or Educational User as applicable agrees to all terms and conditions of Agreement. If Subscriber or Educational User does not agree to the terms and conditions of this Agreement, they should immediately cease all usage of this website. Symbyos reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Such modifications and amendments shall become effective immediately upon being posted on this website.
Educational Users may use Content as part of their Approved Dental School’s educational curriculum to learn or teach about diagnoses and procedures; to educate patients in the student dental clinics of Approved Dental Schools, and to educate immediate family members of patients in the student dental clinics of Approved Dental Schools.
Subscribers, and Authorized Users may use Content only to educate individual patients of an individual dental practice; individual persons who may reasonably become patients of an individual dental practice; and immediate individual family members of patients of an individual practice.
Subscribers, Authorized Users and Educational Users may not use the ToothIQ email system, or any other system to email Content to more than one person at a time, and may not copy emails sent by the ToothIQ email system for purposes of emailing multiple recipients with third party email systems.
Subscribers and Authorized Users my not use the ToothIQ email system for any purpose other than to email Subscriber’s patients, prospective patients, or immediate family of Subscriber’s patients (“Authorized Recipients”) Clinical Content made available through ToothIQ, for the sole purpose of communicating oral health-related information to such Authorized Recipients.
Educational Users may use the ToothIQ email system solely to email patients and immediate family of patients of the dental clinics within their Approved Dental School any Clinical Content made available through ToothIQ, for the sole purpose of communicating oral health-related information. Availability to, and any use of the ToothIQ email system by Educational Users shall be subject to the approval of appropriate officials of Approved Dental Schools.
Subscriber’s or Educational User’s continued use of ToothIQ after modifications or amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications and amendments. For avoidance of doubt, Subscribers and Educational Users will be notified through the login process when this Agreement has been modified, before continued access to ToothIQ is allowed.
Subscriber’s or Educational User’s sole remedy for not agreeing to all of the terms and conditions of Agreement as modified from time to time shall be discontinuation of Subscriber’s or Educational User’s login account and billing account (if applicable).
Subscribers, Authorized Users and Educational Users may not share, award, supply, transfer, delegate, sublicense or otherwise assign any Login Account information, whether or not for gain, with or to any third party for any purpose, and shall use all reasonable safeguards to protect the confidentiality of such Login Account information. Sharing, awarding, supplying, transferring, delegating, sublicensing or otherwise assigning any Login Account information with any party not authorized to access ToothIQ as explicitly set forth under this Agreement may be construed as theft, which will result in prosecution to the fullest extent allowed by law.
Violation of any of the Use provisions or other terms of Agreement by any Subscriber or Authorized Users shall result in termination of the violating party’s Login Account. Violating the intellectual property rights of Symbyos will result in prosecution to the fullest extent allowed by law.
Symbyos cannot guarantee that a person who opens an email sent by the ToothIQ email system is the intended recipient, or that the email sent by System is delivered or deliverable, and all Subscribers and Educational Users assume any responsibility for following up with intended recipients of emails to verify that such intended recipient actually received the intended email.
Symbyos shall have the right to terminate any Login Account of any Subscriber or Educational User at any time for any reason. Subscriber’s sole remedy in the event of Login Account termination shall be termination of billing of such Subscriber if applicable, and any pro-rata refunds as may be applicable. Under no circumstance shall any such refunds as may be applicable exceed the Access Fee paid by Subscriber for a Login Account during the current billing period. Educational User’s sole remedy in the event of Login Account termination shall be non-use of ToothIQ.
Access to additional ToothIQ Content is provided via a login account (“Login Account”) to Subscribers and Educational Users, and access may be extended by Subscribers and Educational Users to certain other Authorized Users on behalf of Subscribers and Educational Users as specifically set forth herein.
ToothIQ users may also provide their email address to access the login protected areas of the website. Further, all communication from Symbyos servers with ToothIQ Subscribers and Educational Users occurs through the Subscriber’s or Educational User’s email address, which are also neither shared with, nor sold to anyone outside of Symbyos.
Access to additional ToothIQ Content is restricted to licensed dentist Subscribers who pay any agreed upon Access Fees for a Login Account, and the direct employees and agents of such Subscribers, who may use ToothIQ only as explicitly set forth in this Agreement, in the fulfillment of their job descriptions on behalf of Subscribers (“Authorized Users”), and whose full compliance with all of the terms and conditions of this Agreement shall be the sole responsibility of Subscriber.
Educational Users of any Approved Dental School may also access Clinical Content if any agreed upon Access Fees have been paid by, or on behalf of such Approved Dental School. The term “Authorized Users” shall extend to include the employees of any Approved Dental School, who in the fulfillment of their job descriptions on behalf of Approved Dental School may use ToothIQ only as explicitly set forth in this Agreement, and whose full compliance with all of the terms and conditions of this Agreement shall be the sole responsibility of the Approved Dental School employing such Authorized User.
Subscribers, Educational Users and Authorized Users acknowledge and accept that Symbyos does not guarantee continuous, uninterrupted or secure access to ToothIQ, and operation of ToothIQ may be interfered with or adversely affected by numerous factors or circumstances outside of its control. Symbyos shall not be required to pay any party paying for access to ToothIQ any amount for temporary interruptions in the availability of ToothIQ.
Symbyos agrees in good faith to notify any party paying for access to ToothIQ at least 30 days prior to discontinuing the availability of ToothIQ, following which the billing accounts of such paying parties will be suspended. Paying party’s rights in event of such termination on Symbyos’ part shall be limited to a pro-rata refund of Access Fees if applicable, as set forth in Section 1 (Description).
Hardware and software requirements
Subscribers and Approved Dental Schools are responsible for providing any necessary hardware and software to allow Subscribers and Educational Users to access ToothIQ through their Login Account. Such hardware and software consists miminally of a Web-enabled device, a browser with installed Flash v10.0 (or higher) plugin, and an Internet connection. Alternatively, an iPad® (iPad is a registered trademark of Apple Computer, Inc.) with Internet connectivity may be used.
A broadband Internet connection with at least 1Megabit/s continuously available download bandwidth is recommended for ideal streaming of any video content for each user who is simultaneously streaming video from a single Internet connection. Updated operating system software, and browsers are also recommended. Subscribers and Approved Dental Schools are responsible for ensuring that access to ToothIQ is compatible with their combination of Web hardware and software.
Access Fees, Login Accounts and Termination
Subscribers must pay the agreed upon Access Fees reasonably established by Symbyos. Subscriber’s subscription may be terminated by either Symbyos or Subscriber at any time for any reason, including non-payment of Access Fees due. Payment is made in advance for the forthcoming billing period as set forth by Symbyos.
Approved Dental Schools must pay the agreed upon Access Fees reasonably established by Symbyos on behalf of Educational Users, according to the terms set forth in a separate agreement between Symbyos and Approved Dental Schools. Symbyos reserves all right to terminate an individual Educational User’s Login Account at any time for violating any of the terms of this Agreement, or at such time as Educational User’s affiliation with Approved Dental School terminates, without affecting the agreed upon Access Fees or requirements to pay such Access Fees by such Educational User’s Approved Dental School.
Termination of Subscriber Login and billing accounts
If Subscriber shall terminate Subscription during any billing period for which Access Fees have been paid, Symbyos shall have no obligation to prorate or refund any portion of Subscriber’s Access Fees. For avoidance of doubt, Symbyos agrees in good faith to enable continued access to ToothIQ’s Content and Systems for such terminating Subscriber for the full duration of the current billing period, for which any Access Fees have been paid, following notice of termination by Subscriber, unless Symbyos, at its reasonable discretion, shall deem continued access for such terminating Subscriber a liability to Symbyos, the Clinical Content, or the Systems; or if immediate account termination has been ordered as a matter of law, statute or other regulatory directive.
If Symbyos terminates Subscriber’s Subscription prior to the end of a pre-paid billing period for any reason, Subscriber may be entitled to a pro-rata refund of the Access Fee. Notwithstanding the foregoing, Symbyos shall make all reasonable commercial attempts to supply all Subscribers with access to ToothIQ for the full paid duration of Subscriber’s billing period. Under no circumstance shall any pro-rata refunds such as may be applicable exceed the value of the Access Fee paid by Subscriber for a Login Account during the current billing period.
Trial subscriptions and complimentary access
Symbyos may at its reasonable discretion offer a Trial Subscription, free of Access Fees, in order to allow Subscribers to evaluate ToothIQ for up to 7 (seven) days without financial obligation on the part of Subscriber. Further, Symbyos may at its reasonable discretion offer complimentary access to certain content for an indefinite period. During any Trial Subscription period, or any other period of complimentary access to all, or any portion of ToothIQ, Subscriber shall continue to be bound by all of the terms and conditions of Agreement.
Subscribers who elect to purchase ongoing access to ToothIQ beyond any free Trial Subscription, or to any non-gratis portion of ToothIQ, must pay the required Access Fees on the required interval established by Symbyos, and agree to comply with all terms and conditions of Agreement.
Failure to pay any Access Fees that are due and payable shall result in (i) contact by Symbyos of Subscriber for attempted collection of the required Access Fee; or (ii) termination of delinquent Subscriber’s Info Pro ABC Login Account, denying further access to ToothIQ.
Symbyos shall have no obligation whatsoever to create a Login Account for any party that it deems inappropriate for Subscription to ToothIQ.
Access Fee adjustments
Upon 30 (thirty) days advance notice of the expiration of Subscriber’s current billing period, Symbyos may at its reasonable discretion adjust Access Fees in response to market conditions, operating costs, or other factors. Subscriber’s sole remedy for not agreeing to any revised Access Fees for the forthcoming billing period shall be termination of Subscription and deactivation of Subscriber’s Login and billing accounts.
Symbyos has made its email feature purposely generic to prevent any communication containing personal identifying, or protected health information. As a convenience, Subscribers and Educational Users can override the generic system message and subject line content in order to personalize the message to patients. Symbyos recommends that you do not use the email feature of this website to send personal identifying information of any kind to patients.
To comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), do not send protected health information of any kind via this website’s email feature. Clicking or tapping the email feature’s “Send” button authorizes our email servers to send the information you have typed and by doing so, you release Symbyos from any violation of HIPAA compliance.
Page last updated: September 26, 2016
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