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.
Mobiati 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 MOBIATI 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. MOBIATI 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 Mobiati either through the Site or Application (“Mobiati 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.
Patient Representations and Responsibilities
You understand and agree that your access to the Services is subject to this Agreement.
You understand that for all medical emergencies, you need to immediately dial 911.
You understand and agree that you may use the Services for personal use only.
You understand that the medical information you submit to or receive from your Provider through the Services may include medical information considered very personal, including information about disease, drug and alcohol abuse, and mental health. You agree that Mobiati and its employees, officers, and agents, are not liable for any inadvertent disclosure of the above information.
You understand that failure to comply with the terms and conditions of this Agreement may result in the termination of your access to the Services.
You agree that you are responsible for protecting your password to your Mobiati Account. You agree that you will not disclose your password to any third party.
You agree that you will not share your Account with anyone or allow others to access your Account.
You agree that you are responsible for safeguarding physical access to your mobile device or any other of your devices with the Application, including using your devices’ operating system security measures.
You understand that if you lose your device, your personal information, including medical information, may be endangered. You agree that if you lose your device, you will immediately notify Mobiati and your Provider to secure your Account.
You understand that if you use third-party password storing features, using such features may weaken your Account security.
You understand that you may program your settings in your Account to receive SMS messages and push notifications, which may include personal information.
Provider Representations and Responsibilities
You understand that by providing our Services to you, we may transmit or store your patient medical information, and that unauthorized access to your computers and other devices where Mobiati software is installed could lead to unauthorized access to patient medical information. You agree that you are responsible for safeguarding physical access to your computers and other devices where Mobiati software is installed.
You agree that you are responsible for providing accurate information about your loyalty program rewards, ensuring patients can redeem their rewards within a reasonable time, and using commercially reasonable efforts to resolve any issues that patients may have with your loyalty program rewards.
Mobiati reserves the right to investigate and terminate your account if you have misused the Services, or behaved in a way, which could be regarded as inappropriate or is unlawful or illegal.
You agree not to:
- attempt to decompile, disassemble, or reverse engineer any of the software used to provide the Services;
- violate any privacy laws;
- transmit any other person’s private or confidential information, including, without limitation, any other person's credit card information, medical information, social security, or alternate national identity numbers, non-public phone numbers, or non-public email addresses;
- transmit material that you know is untrue, false, or misleading;
- transmit any material that contains software viruses or any other computer code, files, or programs, designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- breach or attempt to breach our security measure or penetrate or attempt to penetrate our computer software, hardware, electronic communication system, or telecommunications systems to access stored data; or
- transmit any material that is unlawful or which threatens or encourages illegal activities or which harms the rights of others.
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.
Ownership of Intellectual Property
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.
Grant of Limited License
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.
No Other Representations
Mobiati provides the Site and Application “as is” and as available, and Mobiati 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) Mobiati 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.
Limitation of Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, MOBIATI 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 MOBIATI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, MOBIATI 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, MOBIATI 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 MOBIATI’S LIABILITY WILL NOT EXCEED $200.00.
Streamlined JAMS Arbitration
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitrate will be determined by arbitration in Seattle, Washington. The arbitration will be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, except where those rules and procedures conflict with the parameters of the dispute resolution provisions of this Agreement. Judgment on the award may be entered in any court having jurisdiction. This clause will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Selection of Arbitrator
The dispute will be heard by one arbitrator. If possible, the parties will agree to a JAMS arbitrator. If the parties cannot agree on an arbitrator, the case manager at Seattle’s JAMS office will select and appoint an arbitrator for the parties.
Hearing and Disclosure Dates
The arbitration hearing will be held no later than 60 days from the date of the Demand for Arbitration. The parties are required to fully disclose and produce all documents and other evidence to be used in support of their case 30 days before the hearing. Failure to disclose and produce documents during this time frame will render them inadmissible.
The parties will maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
The arbitrator will reach his or her decision within 24 hours from the conclusion of the hearing, and the arbitrator’s decision will be final, binding, and non-appealable.
Exchange of Written Settlement Offers
At least 30 days in advance of the hearing, for each claim each party to the claim will submit to each other and to the arbitrator their first written settlement offers. At least 14 days in advance of the hearing, for each claim each party to the claim will submit to each other and to the arbitrator their second written settlement offers. If at any point only one party timely submits their offer, that party will be awarded the submitted offer.
Baseball Style Arbitration
At least seven days in advance of the hearing, for each claim each party to the claim will submit to the arbitrator their last, best offers. If only one party timely submits their offer, that party will be awarded the submitted offer. Once the arbitrator has an offer from each party to the claim, the arbitrator will distribute the offers to the parties. The arbitrator will be limited to awarding only one of the offers submitted. This method of arbitration is sometimes referred to as “baseball arbitration.”
The party whose offer is accepted by the arbitrator will be awarded the costs and attorney’s fees reasonably incurred in connection with the claim.
We may send notices pursuant to this Agreement to you via your e-mail address listed on your account, and such notices will be deemed received by you three days after they are sent. You may send notices pursuant to this Agreement to us at email@example.com and such notices will be deemed received by us three days after they are sent.
Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
Assignment & Successors
You may not assign this Agreement or its right or obligations under this Agreement, without our prior written consent. Any attempt by you to assign this Agreement, without our prior written consent, will be void. Mobiati may assign this Agreement at its sole discretion. This Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
Choice of Law & Jurisdiction
This Agreement will be governed solely by the internal laws of the State of Washington, without reference to any principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts in King County, Washington.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then (a) the provision will be interpreted, construed, or reformed to the extent reasonably required to render the provision valid, enforceable, and consistent with the original intent underlying such provision; (b) the provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) the invalidity or unenforceability of the provision will not affect any other portion of this Agreement.
This Agreement is the entire agreement of the parties and supersedes all prior agreements as to the use of the Services. If you have any questions or concerns regarding any of the terms above, please feel free to contact us at firstname.lastname@example.org.
1880 25th AVE NE #209
Issaquah, WA 98029
Last updated: 5/6/2019