We reserve the right to modify this Agreement. Any modifications will be effective upon posting an updated version of this Agreement at www.modento.io/terms and on the Application. You are responsible for regularly reviewing this Agreement, and your continued use of the Site, Application, or Services after any changes have been made will constitute your consent to such changes. You can reject any new, revised, or additional terms by discontinuing use of the Site, Application, and Services we provide.
You must be at least 18 years old to use the Site, Application, or Services. By using the Site, Application, or Services, you represent and warrant that you are at least 18 years old and have the authority and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement. Any use by anyone under 18 is expressly prohibited.
Modento provides an online platform where patients (“Patients”) and authorized third party dental service providers (“Providers” and the services they offer are “Provider Services”) can interact and transact directly with each other regarding the Provider Services, including scheduling a visit, filling out patient forms, setting appointment reminders, accessing information about Providers, receiving personal medical record information, making payments for Provider Services, and tracking loyalty program points. YOU UNDERSTAND AND AGREE THAT MODENTO IS NOT A MEDICAL SERVICE PROVIDER AND IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PATIENTS AND PROVIDERS. THE CONTENT CONTAINED IN THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. MODENTO HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS.
To access and make use of the Site, Application, or Services, you may be required to create an account with Modento either through the Site or Application (“Modento Account”). By registering an account, you agree to provide accurate, current, and complete information about yourself as prompted. When registering for an account, you will be required to select a username and password that will be used to access your account. You are responsible for protecting your password. You agree that you will not disclose your password to any third party.
You are solely responsible for your conduct and any data and other materials that are transmitted and uploaded through the Service. You agree to comply with all laws, rules, and regulations applicable at the local, provincial, state, and federal levels.
We retain all rights to the Site and Application, including without limitation all software we created to provide the Site and Application and all intellectual property, including, without limitation, all ideas, logos, copyrights, or trademarks. This Agreement does not grant you any intellectual property rights in or to the Site or Application, or any of the components of the Site or Application, including any software used in the Site or Application.
We may make certain software available to you from the Site or Application. If you download software from the Site or Application or if we install software for you, the software, including all files and images contained in the software, and accompanying data (the “Software”) will be licensed to you by us for your personal, noncommercial use only, unless we have a separate agreement with you that expressly states otherwise. We do not transfer title to or the rights in the Software and all components of the Software. We retain all rights to the Software and any intellectual property associated with the Software.
You may not sell, redistribute, or reproduce the Software, or reverse-engineer, disassemble, or otherwise convert the Software in any way or in any form. All trademarks and logos associated with the Software are owned by us or its licensors and you are not granted any rights to use them for any purpose.
You agree to fully indemnify us, our employees, members, directors, officers, agents, and affiliates, from any claims or damages resulting from your breach of this Agreement, your use or misuse of the Services, your negligence, or your willful misconduct, including, without limitation, attorney’s fees and costs incurred by us.
We use reasonable information security protections. However, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. YOU EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF OUR SERVICES.
Modento provides the Site and Application “as is” and as available, and Modento disclaims all warranties, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non infringement of intellectual property rights, to the fullest extent permitted by applicable law. We disclaim any warranty or representation regarding the completeness, accuracy or appropriateness of any information provided through the Services.Without limiting the general nature of the previous sentence,(a) Modento has no obligation to indemnify or defend you against claims related to infringement of intellectual property rights; (b) although we make our best efforts to keep the site up and running, we do not warrant that the Site and Application will perform without error or immaterial interruption; (c) although we make our best efforts to keep the Site and Application free of any viruses or other harmful components, we cannot make any guarantees, thus we do not warrant that the Site and Application will be free of viruses or other harmful components.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, MODENTO WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, APPLICATION, OR SERVICES, WHETHER BASED ON A BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, INJURY, DEATH, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT MODENTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, MODENTO IS NOT LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM YOUR RELATIONSHIP OR TRANSACTIONS WITH PROVIDERS, OR RELIANCE ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY INFORMATION PROVIDED BY PROVIDERS. IF NOTWITHSTANDING THE TERMS, MODENTO IS FOUND LIABLE FOR ANY DAMAGES OR LOSS, WHICH AROSE OUT OF OR IS ANY WAY CONNECTED WITH USE OF THE SITE, APPLICATION, OR THE SERVICEs, YOU AGREE THAT MODENTO’S LIABILITY WILL NOT EXCEED $200.00.
1880 25th AVE NE #209
Issaquah, WA 98029
Last updated: 5/6/2019