Amelia Island Periodontics Terms of Use 

Last Updated: [INSERT DATE] 

 

PLEASE READ THIS ENTIRE TERMS OF USE CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND, AND ABIDE, BY THESE TERMS OF USE. 

THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND THE LIABILITY OF OUR PARTNERS AND SERVICE PROVIDERS AND REQUIRE YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION. 

Welcome to the Amelia Island Periodontics website, which is provided to you (“you,” “your”) by Amelia Island Periodontics (“Amelia Island Periodontics,” “we,” “us,” or “our”). Your use and access of the Website is governed by and subject to the following Terms of Use (these “Terms”). 

The “Website” means (i) www.ameliaperio.com, (ii) any other website operated by or on behalf of Amelia Island Periodontics that links to these Terms, and (iii) the Content (defined below), functionality, features, and online services offered through (i) or (ii). “Services” means the appointment request, new patient and referral form, insurance and scheduling inquiry, contact, feedback, practice communication, and informational content functions made available through the Website. 

If you do not agree to these Terms or are not at least eighteen (18) years old, do not use the Website. By using the Website, you represent and warrant that you agree to these Terms, are at least eighteen (18) years old, and possess the legal right and authority to agree to these Terms. Consistent with the “Children’s Information” section of our Privacy Policy, we do not knowingly collect Personal Information through the Website from persons under the age of 18, and Website forms should be submitted by a parent or legal guardian on behalf of a minor patient. 

Changes to Our Terms of Use 

Please review these Terms often as we may update these Terms from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. When we make changes, we will update the “Last Updated” date at the top of this document. Changes are effective upon posting. Your continued use of the Website following the posting of updated Terms indicates your acceptance of the updated Terms. 

Privacy 

We will treat any Personal Information collected or received from you through the Website in accordance with our Privacy Policy, available at [INSERT PRIVACY POLICY URL], which is incorporated by reference. “Personal Information” means any information that identifies you or that we reasonably can link to information that identifies you or your household. Please review the Privacy Policy before you use the Website. 

Protected Health Information 

These Terms and our Privacy Policy do not apply to Protected Health Information (“PHI”), as defined in the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended (collectively, “HIPAA”). For information regarding how we collect, use, and disclose PHI as a covered entity under HIPAA, please see our HIPAA privacy notice at https://www.ameliaperio.com/hipaa-notice-of-privacy-practices/. Information you submit through the Website, including an appointment request or referral form, may become PHI once it enters your patient record, and at that point the information is governed exclusively by that notice rather than these Terms. 

You may contact us with any questions regarding the privacy of your Personal Information by using the details in the “Contact Us” section below or by emailing [INSERT EMAIL ADDRESS]. 

Intellectual Property 

As between you and Amelia Island Periodontics, the Website, including all associated Content, is owned exclusively by us and/or our affiliates and licensors. “Content” means all text, images, graphics, audio, video, software, data, and any other materials that are available on or through the Website. The Content is protected in a manner consistent with applicable copyright law, trademark law, international conventions, and other intellectual property laws. All rights not expressly granted by us to you are hereby reserved. 

The Content may be viewed and the Website may be accessed only for your personal, non-commercial use, provided that all copyright and other proprietary notices are retained. Content may not be downloaded, republished, retransmitted, reproduced, copied, adapted, modified, distributed, licensed, sold, transferred, transmitted, streamed, broadcasted, exploited, or otherwise used without our prior express written permission.  

All trademarks, service marks, names, and logos referenced or appearing on the Website are our property or the property of their respective owners and may not be used in any manner or for any purpose without our prior express written permission. Any unauthorized use of the Content is strictly prohibited and may be subject to legal action by Amelia Island Periodontics. 

Feedback 

Amelia Island Periodontics will treat any suggestions, questions, comments, data, materials, or the like, other than Personal Information and Protected Health Information (collectively, the “Feedback”) sent to Amelia Island Periodontics as non-confidential and non-proprietary information. By providing Feedback to Amelia Island Periodontics through the Website, you represent and warrant that you have the legal right to provide such Feedback and that Amelia Island Periodontics’s use of such Feedback does not and will not infringe any third-party rights. You are solely responsible for all Feedback that you upload, post, or otherwise transmit via the Website. Please do not include detailed health or treatment information in Website forms or Feedback; if you submit health information, it will be handled consistently with our HIPAA privacy notice. 

Amelia Island Periodontics shall have no obligation of any kind to you or a third party with respect to such Feedback. You agree that Amelia Island Periodontics shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute such Feedback to others without limitation and without providing payment of any kind, or any consideration, to you or a third party. You further agree that Amelia Island Periodontics shall be free to use and exploit any ideas, concepts, know-how, or techniques contained in such Feedback for any purpose without your or a third party’s consent, including but not limited to improving the Website and our Services. 

Acceptable Use Policy 

When using the Website, you agree to use the Website only for lawful purposes and in accordance with these Terms. You are not allowed to: 

Accessing the Website 

We reserve the right to withdraw or amend the Website, in whole or any part, in our sole discretion, at any time, with or without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of, or the entire, Website. 

To access the Website, or some parts of the Website, you may be asked to provide certain information, which may include Personal Information. You represent and warrant that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to us through the Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

We have the right to modify, disable, block, or terminate your access to the Website or portions of the Website, at any time, temporarily or permanently, with or without notice to you in our sole discretion, including if you have violated any provision of these Terms. 

Third-Party Service Providers 

Some parts of the Website may be provided by our third-party service providers. As described in our Privacy Policy, we do not sell your Personal Information, do not share it for cross-context behavioral advertising, and do not disclose it to advertising partners or any third party for their own marketing purposes. By using the Website, you acknowledge and consent to us sharing Personal Information with service providers that are bound by contract to use Personal Information only to provide services to us, for the purpose of providing the Website and Services to you and as described in these Terms and our Privacy Policy. Services provided by our service providers via the Website may include: 

Your use of any of these third-party providers’ services is subject to your agreement to, and continued compliance with, their terms and conditions. You are responsible for the confidentiality of any account information you provide through the Website. We are not responsible for any loss you may incur if someone misuses your account information. 

SMS/Text Messaging 

If you provide your phone number and expressly opt in to receive SMS/text messages from Amelia Island Periodontics, we may send messages limited to appointment scheduling, appointment reminders, and communications about our practice, as described in the “SMS/Text Messaging” section of our Privacy Policy. Message and data rates may apply, and message frequency varies. You may opt out at any time by replying STOP to any message you receive from us, and for help you may reply HELP or contact us using the information in the “Contact Us” section below. Phone numbers and SMS opt-in consent data will not be sold or shared with third parties or affiliates for marketing purposes. 

Links to External Websites 

Consistent with the “Third Party Links” section of our Privacy Policy, the Website may include links to other websites whose privacy practices may differ from ours. If you choose to follow these links, you may leave the Website, and if you submit Personal Information to any of those sites, your information is governed by their privacy policies. We do not control or endorse these third-party websites and are not responsible for their content. We have not reviewed these third-party websites or their content, and we make no representations about them, their information, software, products, materials, or any results that may be obtained from using them. We encourage you to carefully read the privacy statement and terms of use of any website you visit. Accessing any third-party websites linked to by the Website is done entirely at your own risk, and we assume no liability for such access. 

Our Relationship with You 

Please note that our online relationship is at our discretion and may be terminated at any time. Our relationship is not that of an agent, franchisor, franchise, employee, representative, owner, or partner of the other. Nothing in these Terms shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and Amelia Island Periodontics. 

Content Licensing and User Submissions 

Certain features of the Website may allow you to submit, upload, or post content, including but not limited to comments, questions, or other materials (“User Content”), excluding Personal Information and Protected Health Information. By submitting User Content, you grant Amelia Island Periodontics a non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such User Content in connection with the Website and our Services. We will not sell User Content or share it for cross-context behavioral advertising. 

You represent and warrant that you own or have the necessary rights to submit User Content and that your User Content does not infringe the intellectual property or other rights of any third party. Amelia Island Periodontics reserves the right to remove any User Content at any time and for any reason, without notice. 

Disclaimer of Warranties 

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED AS-IS AND AS AVAILABLE, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Amelia Island Periodontics NOR ANY PERSON ASSOCIATED WITH Amelia Island Periodontics MAKES ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO ACCURACY, COMPLETENESS, SECURITY, OR TIMELINESS CONCERNING THE CONTENT CONTAINED ON OR LINKED THROUGH THE WEBSITE, AND YOU SHOULD NOT ASSUME THAT SUCH CONTENT IS ACCURATE, COMPLETE, VALID, OR THE MOST UP-TO-DATE INFORMATION AVAILABLE. WE UNDERTAKE NO OBLIGATION TO VERIFY OR KEEP THE CONTENT CURRENT OR ERROR-FREE. WE SHALL NOT BE LIABLE FOR ANY LOSS, CLAIM, OR DAMAGES CAUSED IN WHOLE OR IN PART BY YOUR USE OF ANY OF THE CONTENT CONTAINED ON, OR LINKED THROUGH, THE WEBSITE. 

THE CONTENT ON THE WEBSITE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE WEBSITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OF SUCH USE OF THE WEBSITE. 

TO THE FULLEST EXTENT PERMITTED BY LAW, Amelia Island Periodontics HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMELIA ISLAND PERIODONTICS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF SERVICES, OR DAMAGES TO YOU OR YOUR HARDWARE OR SOFTWARE, EVEN IF AMELIA ISLAND PERIODONTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR YOUR RELIANCE ON THE CONTENT, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER FAULT OF AMELIA ISLAND PERIODONTICS, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OF LEGAL LIABILITY. NOTHING IN THESE TERMS LIMITS LIABILITY FOR THE PROVISION OF PROFESSIONAL DENTAL SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION. 

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO THE WEBSITE IS TO STOP USING THE WEBSITE. IN NO CASE SHALL THE TOTAL AGGREGATE LIABILITY OF US, OR OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU IN CONNECTION WITH THE WEBSITE EXCEED ONE HUNDRED DOLLARS (US$100). ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION. 

Indemnification 

You agree to defend, indemnify, and hold harmless Amelia Island Periodontics, its service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Website, or your use of any information obtained from the Website, including, but not limited to, your use of the Website other than as expressly authorized in these Terms. 

 

Arbitration and Class Action Waiver 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 

You and Amelia Island Periodontics agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. 

This section (the “Arbitration Section”) is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before your agreement to these Terms or any prior agreement; and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. By agreeing to these Terms, you agree to resolve any and all disputes with Amelia Island Periodontics as follows: 

General Provisions 

Contact Us 

If you have any questions, concerns, or requests regarding these Terms, please contact Amelia Island Periodontics at: 

 

We are here to assist you and address any issues you may have.