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Terms & Conditions

Effective Date: November 1, 2019

Welcome to Online Dental Consult (the “App” or “Website”), operated by Astra Health Solutions, LLC (“Astra”, “we”, “our”, or “us”). These Terms of Use (“Terms”) constitute a legally binding agreement (“Agreement”) between you, which includes Providers and users of provider services (“you” or “your”) and Astra, governing your access to and use of the website, our mobile, tablet and other smart device applications, application program interfaces, and any other website sponsored, owned or operated by Astra or its affiliates (collectively, “Application”) and all associated Services (as defined below).

Your access to and use of the Application is subject to the following Terms. Please read these Terms carefully before accessing or using the Application, so that you fully understand your rights and responsibilities.

By using the Application, you signify your assent to these Terms. If you do not agree to all of these Terms, do not use this site!

About Us and Services

The Application is an online platform that enables users (the “Provider Users”) to search for medical care providers (the “Providers”) listed in our database using various parameters, view information about the Providers, contact the Providers, book and pay for appointments with the Providers, as well as access Content (as defined below) (collectively the “Services”).

NOTHING CONTAINED IN THE APPLICATION IS INTENDED TO BE MEDICAL ADVICE FOR DIAGNOSIS OR TREATMENT AND SHOULD NOT BE RELIED UPON AS SUCH; ASTRA DOES NOT PROVIDE MEDICAL ADVICE OR INFORMATION AND SUCH INFORMATION MAY ONLY BE PROVIDED BY A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER. PROVIDER USERS SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING PROVIDER USERS MAY HAVE READ ON THE APPLICATION.

THIS APPLICATION DOES NOT CONTAIN MEDICAL ADVICE AND WE DO NOT MONITOR THIS APPLICATION OR COMMUNICATIONS FROM THIS APPLICATION FOR MEDICAL DIAGNOSTIC OR EMERGENCY HEALTH CARE PURPOSES.

Astra does not recommend or endorse any specific Providers, tests, physicians, products, procedures, opinions, Content or other information that may be mentioned on the Application. Any decision to meet with a Provider or reliance on any information provided by Astra, Astra employees, or other visitors to the Application is solely at your own risk.

Accounts and Security

If any part of the Application or Services require you to open an account, you must complete the registration process by providing Astra with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Astra which is untrue, inaccurate, not current or incomplete, Astra reserves the right to terminate the Terms and your continued access and use of the Application and/or the Services.

As part of the registration process, you may be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Astra immediately of any unauthorized use of your account or any other breach of security. Astra will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Astra or another party due to someone else using your account or password.

By creating an account with us or by sending e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the Application. You consent to receive communications from us electronically. Further, you agree that all communications including but not limited to agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Service Providers

Astra does not endorse and is not responsible or liable for any Provider action, Provider content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Provider. You agree that should you use or rely on such Content, Provider content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Provider, Astra is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Provider exclusively and do not involve Astra. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Providers.

Third parties and Providers may link or otherwise direct Internet users to our Application and Services for the purpose of utilizing one or more of the Services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Provider websites. Astra does not control or operate any such third party or Provider websites. Any information you provide to these third party or Provider websites while on these third party or Provider websites is subject to the respective policies of those third parties or Provider, and not Astra’s policies. It is your responsibility to review such third party or Provider policies, including any relevant privacy policies. You agree that Astra will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Astra does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Provider sites. You use these third party or Provider websites at your own risk.

You agree that Astra is not responsible for the accessibility or unavailability of any Provider or for your interactions and dealings with them, you waive the right to bring or assert any claim against Astra relating to any interactions or dealings with any Providers or Provider Users (as applicable), and release Astra from any and all liability for or relating to any interactions or dealings with Providers or Provider Users (as applicable). Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Providers found on or through the use of the Application, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Astra shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Provider Users or Providers on the Astra Application.

Regulation of Our Services

  1. We do not guarantee the availability of any particular Provider at any particular time. The duration of the consultation is at the discretion of the individual Provider.
  2. The Application has not been developed to meet your individual requirements. It is therefore your responsibility to ensure that the facilities and functions of the Application meet your requirements.
  3. We may suspend your access to services or terminate your account with us if your use of services breaches any of these terms.
  4. Providers are not screened or vetted by Astra in any way and Provider Users’ use of such Providers is at their own risk.

Publication and Distribution of Content

Astra does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Application. You acknowledge that Astra simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content, if any, and for the publication and distribution of any content posted by Providers in response to Content (“Provider Content”). You understand that all Content and Provider Content posted on, transmitted through or linked through the Application, are the sole responsibility of the person from whom such Content originated. You understand that Astra does not control and is not responsible for Content or Provider Content made available through the Application, and that by using the Application, you may be exposed to Content or Provider Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content and Provider Content.

You further acknowledge that, other than as provided under these Terms, Astra has no obligation to screen, preview, monitor or approve any Content or Provider Content, or Content posted or submitted by any other Astra user or any Provider. However, Astra reserves the right to review and delete any Content or Provider Content that, in its sole judgment, violates the terms and conditions of these Terms. By using the Application, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Application. Under no circumstances will Astra be liable in any way for any Content or Provider Content, including, but not limited to, any Content or Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Provider Content submitted, accessed, transmitted or otherwise conveyed via the Application. You waive the right to bring or assert any claim against Provider relating to Content or Provider Content, and release Astra from any and all liability for or relating to any Content or Provider Content.

You may, however, report Content that you believe violates these Terms or is otherwise unlawful by sending an email to onlinedentalconsult@astrahealthsolutions.com (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking the advice of an attorney.

You agree that Astra may establish general practices, policies and limits, which may or may not be published, concerning the use of the Application and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Application and Services in a given period of time. You agree that Astra has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Application and Services. You agree that Astra has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Submitting Content

As a condition of submitting any Content or other materials to the Application or Services, you agree that:

  1. you grant to Astra a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
  2. you grant to Astra all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Application and Services;
  3. you grant to Astra all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
  4. your name and report information may be made available to the public and to the Providers on which you report;
  5. you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Astra, and others as described and otherwise contemplated in these Terms;
  6. you represent and warrant that each person identified, depicted, or shown in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms;
  7. you are solely responsible for your reviews and ratings;
  8. Astra may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
  9. you will not submit any reviews that may be considered by Astra to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
  10. all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
  11. all of your reviews and ratings of the Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
  12. you do not work for, own any interest in or serve on the board of directors of, any of the Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Provider is an individual) to any of the Providers for which you submit reviews or ratings;
  13. you have not received any form of compensation to post reviews and ratings;
  14. you will submit thorough and thoughtful reviews of the Providers you review;
  15. you will not submit reviews that comment on other users or the reviews of other users;
  16. you will not submit reviews with hyperlinks; or
  17. the reviews and ratings that you provide do not reflect the views of Astra, its officers, managers, owners, employees, agents, designees or other users.

Trademarks and Copyrights

Astra, and other sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Astra in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all Content and material made available on the Application and Services is protected by copyright law. Aside from user-submitted Content, all other materials and other information on the Application and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Astra and/or its licensors and are protected by all United States and international copyright laws.

User Conduct

As a condition of your access and use of the Application and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, Provider Content or other materials on the Application and Services, (which explicitly excludes items of Providers for which they own the intellectual property rights) (collectively, the “Content”), you agree not to use the Application and Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Astra. By way of example, and not as a limitation, you agree not to:

  1. violate these Terms, other applicable agreement with Astra, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
  2. use the Application and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
  3. use the Application and Services or its Content for any purposes not authorized by these Terms, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
  4. reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Application and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Astra, which consent may be withheld by Astra in our sole discretion;
  5. post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Application and Services or any activities conducted on the Application and Services;
  6. harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Astra, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
  7. knowingly provide or submit false or misleading information;
  8. use the Application and Services if you are under the age of 13 except as provided for in these Terms or otherwise determined by applicable law;
  9. take any action that would undermine the review and rating process under the Application and Services;
  10. attempt to gain unauthorized access to the Application and Services, other user accounts, or other computer systems or networks connected to the Application and Services;
  11. use the Application and Services in any way that could interfere with the rights of Astra or the rights of other users of the Application and Services;
  12. attempt to gain unauthorized access to any portion or feature of the Application and Services, or any other systems or networks connected to the Application and Services or to any server used by Astra by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Application and Services user;
  13. sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms;
  14. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Application and Services;
  15. access, download, monitor, or copy any information contained on our Application and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process), or in any way reproduce or circumvent the navigational structure or presentation of the Application and Services or any Content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Application and Services; or
  16. probe, scan or test the vulnerability of the Application and Services or any network connected to the Application and Services, nor breach the security or authentication measures on or of the Application and Services or any network connected to the Application and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Application and Services, or any other customer of Astra, including any Astra account not owned by you, to its source, or exploit the Application and Services or any service or information made available or offered by or through the Application and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Astra and provided for by the Application and Services.

Modifications Of Terms Of Use

Astra may, in its sole discretion, modify these Terms at any time effective upon posting the modified Terms on and in connection with the Application and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Application and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Application and Services and to provide Astra notice to remove you from any distribution lists or other communication list that are available to you through your use of the Application and Services. YOUR CONTINUED USE OF THE APPLICATION AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

Use of Your Personal Information

We use your personal information in accordance with our Privacy Policy. Please take the time to read it as it includes important details about how we secure and process your data.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASTRA IS NOT RESPONSIBLE FOR THE ACTIONS OR INACTIONS OF ANY PROVIDERS. THE LISTING OF PROVIDERS PROVIDED BY ASTRA IS PROVIDED AS A CONVENIENCE, MAY BE BASED ON UNVERIFIED THIRD-PARTY INFORMATION AND IS NO WAY AN ENDORSEMENT OF SUCH PROVIDER OR GUARANTEE OF THEIR ABILITY TO SUCCESSFULLY TREAT YOUR SYMPTOMS. FURTHERMORE, ALL RATINGS OF PROVIDERS ARE PROVIDED BY OTHER USERS OF THE APPLICATION AND ARE IN NO WAY REVIEWED, VERIFIED, ENDORSED OR GUARANTEED BY ASTRA.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASTRA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ASTRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE APPLICATION OR SERVICES, EXPLICITLY INCLUDING ANY INTERACTIONS (INCLUDING CONSULTATIONS) WITH ANY PROVIDER OR PROVIDER USERS, AS APPLICABLE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE APPLICATION OR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE APPLICATION; (E) STATEMENTS OR CONDUCT OF ANY PROVIDER, PROVIDER USERS OR OTHER THIRD PARTY THROUGH THE APPLICATION; (F) ANY OTHER MATTER RELATING TO THE APPLICATION; (G) ANY BREACH OF THIS AGREEMENT BY ASTRA OR THE FAILURE OF ASTRA TO PROVIDE THE SERVICES UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY PROVIDERS OR CLIENTS, AS APPLICABLE (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

Warranties and Disclaimers

You acknowledge that Astra has no control over, and no duty to take any action regarding: which users gain access to or use the Application and Services; what effects the Content on or in connection with the Application and Services may have on you; how you may interpret or use the Content on or in connection with the Application and Services; or what actions you may take as a result of having been exposed to the Content on or in connection with the Application and Services. You release Astra from all liability for you having acquired or not acquired Content or information through the Application and Services. The Application and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Astra makes no representations concerning any content contained in or accessed through the Application and Services, and Astra will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Application and Services. Astra makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE APPLICATION AND SERVICES AT YOUR OWN RISK. THE APPLICATION AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ASTRA NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE APPLICATION AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ASTRA, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL ASTRA OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL ASTRA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE APPLICATION AND SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASTRA OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, ASTRA DOES NOT REPRESENT OR WARRANT THAT (I) THE APPLICATION AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE APPLICATION AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ASTRA LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

ASTRA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ASTRA HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Astra has no control over and no duty to take any action regarding: other users’ behavior; what effects Content or Provider Content may have on you; how you may interpret or use Content or Provider Content; or what actions you may take as a result of having been exposed to Content or Provider Content. You release Astra from all liability for you having acquired or not acquired Content or Provider Content through the Application and Services. Astra makes no representations concerning any Content or Provider Content, including the accuracy thereof, contained in or accessed through the Application and Services, and Astra will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Application and Services.

The Application and Services may display links to other Internet sites or resources. Because Astra has no control over such sites and resources, you acknowledge and agree that Astra is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

You further acknowledge and agree that Astra shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Indemnity

You agree to indemnify, defend and hold harmless Astra, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms by you; (b) the inaccurate or untruthful Content, Provider Content or other information provided by you to Astra or that you submit, transmit or otherwise make available through the Application; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another Astra will have sole control of the defense of any such damage or claim.

Termination of Access

Astra may terminate your privilege to use or access the Application and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Application and Services and agree not access or make use of, or attempt to use, the Application and Services. Furthermore, you acknowledge that Astra reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Application and Services. You understand that Astra may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Astra.

All provisions of these Terms which by their nature should survive termination shall survive the termination of your access to the Application and Services, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the Application infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Astra (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Astra’s agent for copyright issues relating to this web site is as follows:

onlinedentalconsult@astrahealthsolutions.com

In an effort to protect the rights of copyright owners, Astra maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Application who are repeat infringers.

Complaints and Disputes

Should you have a complaint about our Application or Services or disagree with us regarding anything to do with these Terms:

  1. You can give us feedback on our services by calling or emailing us via the details provided in these Terms.
  2. If you are not satisfied with any of the Services, we would like to resolve it as soon as possible. Please tell us about your complaint as soon as you can so that we can do this.
  3. If you wish to make a formal complaint about our services, you should do so as soon as possible by calling or emailing us via the details provided in these Terms. We may ask you for certain details about you and your complaint in order to address it. Please provide these as soon as you can so that we can resolve your complaint quickly.
  4. We will tell you the outcome of our investigation into your complaint and give you the chance to discuss it with us.
  5. If any disagreement between you and us arises in connection with these terms, we will attempt to resolve it by discussing it with you.

Jurisdictional Issues

Astra makes no representation or warranty that the content and materials on the Application and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Application or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Astra reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Application and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.

Entire Agreement

These Terms and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Astra. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Astra regarding the subject matter contained in these Terms. Additional terms and conditions may exist between you and third parties, including but not limited to, Providers, Clients and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to Astra under these Terms.

General Information

These Terms constitute the entire agreement and understanding between You and Astra and governs your use of the Application and the Services, superseding any prior agreements between you and Astra. These Terms and the relationship between you and Astra shall be governed by and construed in accordance with the laws of State of California, United States, without regard to its conflict of law provisions. You and Astra irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Sacramento County, in the State of California, United States, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Astra 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 unlawful, void or for any reason unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of any remaining provisions. The section titles in these Terms are for convenience purposes only and have no legal or contractual effect. These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign these Terms to any third party whom we choose without your consent. No waiver by Astra of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

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