PreViser® Terms of Use

Please read the following Terms of Use (“Terms”) carefully. These Terms of Use set forth the terms and conditions governing your use of the Software. Do not use the Software until you have carefully read the following Terms. By downloading, accessing or using the Software, you agree that you have read, understand, and accept these Terms. These Terms apply to any updates, support services, or internet services for the Software, unless other terms accompany those items. The Software may be distributed with components from other vendors that are subject to other terms.

PreViser reserves the right to make changes to the Software and to these Terms at any time. Any modifications to these Terms will be effective upon posting. Your continued use of the Software following posting of any revised Terms will constitute acceptance of the modified Terms. If you do not agree with these Terms, do not use the Software.

“Software” is defined as the Oral Health Information Suite (“OHIS”) Clinical Assessment computer program, The PreViser Self-Assessment computer program and any updates or maintenance releases thereto. The use by you of any services or content accessible through the Software may be subject to your acceptance of separate agreements with PreViser or third parties.

Use of the Software

Subject to these Terms, you are granted a limited, revocable, non-exclusive and non-transferable license to install, access and use the Software only for Internal Business Purposes. “Internal Business Purposes” means use of the Software for the sole purpose of obtaining scores and data to assess oral health and disease risk or severity for individual patients. Additional and optional services that may supplement the Software may be added from time to time, and may be subject to separate Terms of Use. You may be asked to agree to such separate Terms of Use before access to such additional and optional services is granted.

You acknowledge that the Software does not make final clinical, medical or other decisions and is not a substitute for competent, properly trained and knowledgeable staff who bring professional judgment and analysis to the information presented by the Software and that you are solely responsible for verifying the accuracy of all patient information and determining the data necessary for you to make medical and diagnostic decisions, as well as for complying with all laws, regulations, and licensing requirements applicable to your delivery of healthcare services. By using the Software, you acknowledge by such use that you understand and accept that all calculations of disease risk or severity, and all treatment option recommendations made by the Software are made purely as a supplement to your best clinical judgment, and are not intended to replace, supplant or influence your best clinical judgment except to the extent that you deem at your sole discretion to allow such influence to affect your treatment planning decisions. This Software is designed to provide information with the understanding that PreViser is not engaged in rendering definitive medical or clinical advice.

The Software may include information regarding PreViser, as well as reports, articles, information regarding dentists/physicians, dental health information and/or other information and materials proprietary to PreViser or its licensors, as well as links to third party websites. You may download, view, copy and print such information and materials and any other aspect of the Software (i) solely for your Internal Business Purposes; and (ii) provided that neither the information or materials, nor any proprietary notices or disclaimers therein, are modified, obscured or altered.

Restrictions on Use of the Software

You agree that you will not aggregate or compile data or scores generated by the Software. You agree that you will not communicate any data or scores generated by the Software to any person other than the patient to whom the data or score pertains, that patient’s insurer or dental plan administrator subject to an agreement between PreViser and the insurer or dental plan administrator, or your clinical staff for coverage or treatment purposes. You may not share any data or scores generated by the Software with any third party. You may not share your User Account and Password, if any, with other businesses. You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder.

You agree you will not interfere in any way with others’ use of or access to the Software and will not attempt to gain unauthorized access to the computer system of any other Software user. You further agree not to take any other action in connection with your use of the Software which violates any local, state, national, or international law, rule, regulation, or order of any court in conjunction with your use of the Software.

You agree that you will not use any robot, spider, or other automatic device, manual process or application, or data mining or extraction tool to access, monitor, copy, or use the Software. You also agree not to take any other action that imposes an unreasonable or disproportionately large load on the Software.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way, the Software or any portion thereof or any information or content on the Software, without the prior written permission of PreViser.

The Software in its entirety is protected by the copyright laws. PreViser retains all ownership and intellectual property rights to the Software. You agree that you will not reverse engineer, de-compile, disassemble or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the Software, or modify, adapt, translate or create derivative works based on or copy the Software. You agree that you will not disable any functionality which limits the use of the Software, or disclose confidential interfaces to the Software. You may not modify, adapt, translate, rent or sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis), assign, loan, resell for profit, or distribute the Software, or related materials. You may not remove, modify or alter any copyright, trademark or other proprietary notice from any part of the Software, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments otherwise created by PreViser.

In the event of your violation of these Terms, or in the event of any illegal and/or unauthorized use of the Software by you, PreViser reserves the right to terminate your access to the Software. PreViser may also take such other legal action as it deems appropriate, including without limitation, seeking temporary or permanent injunctive relief, instituting an action for damages, or making a referral to law enforcement. PreViser’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless PreViser agrees to such waiver in writing.

DISCLAIMER OF LIABILITY

EXCEPT AS PROVIDED ABOVE, THE SOFTWARE AND ANY RELATED SERVICES OR CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED “AS-IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PREVISER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, RELATED MATERIALS AND ANY SUCH SERVICES OR CONTENT, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR SECURITY, THEIR MERCHANTABILITY, THEIR CLINICAL VALIDITY OR THEIR NONINFRINGEMENT. PREVISER DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DOES PREVISER WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE SOFTWARE OR CONTINUED ACCESS TO THE DEMONSTRATION MODE OF OPERATION OF THE SOFTWARE OR TO THE DATA ENTERED INTO THE DEMONSTRATION MODE OF THE SOFTWARE. PREVISER FURTHER EXPRESSLY DISCLAIMS LIABILITY, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY INCORPORATED THIRD PARTY PRODUCT OR ANY LINK CONTAINED IN THE SOFTWARE.

LIMITATION OF LIABILITY AND DAMAGES

IN NO EVENT SHALL PREVISER OR ANY OF ITS AFFILIATES OR LICENSORS OR THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF PREVISER AND ITS AFFILIATES AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SOFTWARE, OR ANY REPORTS, INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IF APPLICABLE LAW DOES NOT PERMIT ALL OR ANY PART OF THE FOREGOING LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS SHALL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to indemnify and hold PreViser harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses of any nature whatsoever (including without limitation reasonable attorneys’ fees, disbursements, and court costs) arising from or in connection with (i) your use of the Software, or any reports, content, information, materials or services contained, displayed or available therein; (ii) your violation of these Terms of Use; and/or (iii) your violation of any rights of any third party in using the Software.

Consumer and Patient Information and Privacy

For details about PreViser’s privacy policies, please refer to the PreViser Privacy Policy at www.previser.com. By using the Software, you acknowledge that you are solely responsible for compliance with the provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and PreViser warrants that it is in full compliance with those provisions of HIPAA that pertain to the patient or clinical information collected by the Software and resident on or transmitted by the servers of PreViser Corporation. In compliance with the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-06 and 16 C.F.R. §§ 312.1-312.12, we do not permit children under 13 years of age to use the Software. By using the Software, you represent that you are not under 13 years of age.

Trademarks and Copyrights

PreViser, the PreViser logo and other marks displayed in the Software are the proprietary trademarks or service marks of PreViser. PreViser’s marks may not be used in connection with any product or service that is not PreViser’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit PreViser. All other trademarks and service marks not owned by PreViser that appear in the Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PreViser. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing in the Software without the express written permission of the respective owner thereof.

All content of the Software, including, but not limited to, works of authorship, design, text, graphics, photos, logos, button icons, images, reports, articles, information, and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content of the Software, is the property of PreViser and is protected by United States and international copyright and other intellectual property laws.

Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of PreViser or any other person.

General Provisions

These Terms set forth PreViser’s entire liability and your exclusive remedy with respect to the Software. You acknowledge that these Terms are a complete statement of the agreement between you and PreViser with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software. If any portion of these Terms is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions.

These Terms shall govern any services or content related to the Software, unless such services or content are subject to a separate written agreement between you and PreViser. However, the limitations of liability and disclaimer of warranties in these Terms apply to PreViser with respect to such content or services except to the extent provided otherwise in a separate written agreement approved by PreViser between you and PreViser.

The laws of the State of New Hampshire will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of these Terms shall be brought in state or federal court in U.S. District Court in Concord, New Hampshire, and you consent to the jurisdiction of such courts. YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SOFTWARE TO ACHIEVE YOUR INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF THE SOFTWARE AND FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THE SOFTWARE. PREVISER DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

Copyright (c) 2001-2018 PreViser Corporation. All rights reserved.

PreViser Corporation
PO Box 2002
One Delta Drive
Concord, NH 03302-2002