LOOP PROGRAM TERMS & CONDITIONS OF USE
YOU MUST ACCEPT THESE TERMS AND CONDITIONS OF USE BEFORE USING THE LOOP SERVICE.
By using the website located at talkingloop.com and talkingloopapp.com, (the “Website”), or by using the Program, you agree to be bound by these Terms and Conditions (“Terms”), whether you are a patient or a person acting on behalf of a patient (a "Registered Guest") or a health care provider (a "Registered Provider"). These Terms are entered into between you and Loop Corporation, its subsidiaries and affiliates (collectively, “LOOP” or “we” or “us”), the operator of talkingloop.com and talkingloopapp.com (the "Website") and the Talking Loop Mobile Application (the "App") and the provider of the related service(s) (the "Service"), collectively, the "Program". If you are accepting these Terms on behalf of an organization (a "Subscribing Entity"), you represent and warrant that you are an authorized representative of the Subscribing Entity with authority to bind the Subscribing Entity to these Terms.
If you do not agree to these Terms, you should not use any portion of the Program.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
Data collected by the Program is stored and processed on servers located in the United States and will be used by LOOP in accordance with these Terms and as permissible by law. By using any portion of the Program, you consent to the collection and use of data as provided in these Terms and as permissible by law.
PURPOSE OF THE PROGRAM
The Program is offered by LOOP to allow individual dentists and/or dental practices ("Subscribing Entity") to better respond to their patients' after hours' needs. Each individual dentist registered for the Program as well as each individual dentist affiliated with a Subscribing Entity is referred to in this Agreement as a "Registered Provider".
The Program is designed to allow Registered Guests to contact their Registered Provider for after-hours' issues by entering certain information into the Website or the App. The Program then transmits information to the Registered Provider via the App. The Registered Provider will use the Program to respond to the Registered Guest by phone call or email.
REGISTERED GUESTS, SUBSCRIBING ENTITIES, AND REGISTERED PROVIDERS
Registered Guests. To become a Registered Guest you must complete the account registration process on the Website or in the App, including, providing us with certain personally identifying information, including, for example, your name, date of birth, email address, your dentist's name, your contact information, your payment information, and your dental condition.
Subscription Agreements. The individual registering a Subscribing Entity, or a Registered Provider if not part of a Subscribing Entity, must complete a Subscription Agreement (and related Business Associate Agreement) providing the name of the practice, the contact information for the practice, the names of the individuals authorized to bind the practice and their individual contact information, and the names and the contact information of all Registered Providers associated with the Subscribing Entity or the subscribing Registered Provider.
All Registered Providers, whether subscribed individually or through a Subscribing Entity must complete the account registration process on the Website or in the App, including, providing us with certain personally identifying information and practice information, including, for example, your name, email address, and your contact information.
NO MEDICAL ADVICE
Although medical and health information may be available on or provided through the Program, you agree and acknowledge that such information does not constitute medical advice and is not a substitute for proper medical advice, diagnosis, treatment or care. Always seek the advice of a dentist, physician or other qualified health provider with any questions you may have regarding a medical or dental condition or treatment. We encourage you to review all information you access through the Program and to consult your dentist, physician, or other medical services provider if you have questions. In no event shall LOOP be liable to you or anyone else for any decision or action taken by you in reliance on information available through the Program.
Some of the treatment information provided through the Program and in the Services may be from third party sources. LOOP makes every effort to ensure that the information provided is accurate, up-to-date, and complete, but no guarantee is made to that effect. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient. Please consult with your dentist, your pharmacist or other chosen professional regarding the safety of any drugs or drug combinations.
LOOP DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, DENTISTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED AS PART OF THE PROGRAM. RELIANCE ON ANY INFORMATION PROVIDED BY LOOP, BY REGISTERED PROVIDERS, BY PERSONS APPEARING OR PROVIDING ADVICE ON OR THROUGH THE PROGRAM OR AS PART OF THE SERVICES, OR BY OTHER INDIVIDUALS IS SOLELY AT YOUR OWN RISK.
USER INFORMATION EXCHANGED
Registered Guests choosing to use the Program, acknowledge and agree that you are submitting information, including any personally identifiable information or health information that you include to the Program, and receiving any responses from a Registered Provider, through the Program, and that such information will be transmitted via electronic, cellular and/or wireless communications. You acknowledge and agree that no one, including LOOP or the Registered Provider can guarantee such communications will be secure, private or confidential, and YOU EXPRESSLY CONSENT to use of the Program to transmit such information in such format and method between you and the Registered Provider.
Registered Providers using the Program acknowledge and agree that you are submitting information, including any personally identifiable information or health information about your patients, through the Program and receiving information, including any personally identifiable information or health information from your patients, through the Program. You acknowledge and agree that such information will be transmitted via electronic, cellular and/or wireless communication methods, and that no one, including LOOP can guarantee such communications will be secure, private or confidential, and YOU EXPRESSLY CONSENT to use of the Program to transmit such information between you and your Registered Guests, and you agree that you will take all reasonable steps to preserve the confidentiality of the communications with your Registered Guests, despite the electronic, wireless or cellular communication methods.
GENERAL PROGRAM OVERVIEW
Subject to a Registered Guest's or Registered Provider's express consent to transmission of data via the Program, you may be allowed to:
Initiate Requests: Registered Guests will initiate use of the Program by submitting their name, date of birth, payment information, contact information and a summary of the incident or condition requiring attention (each an "Inquiry") via the Website. For each Inquiry, Registered Guests will be required to include sufficient information to identify the patient as a Registered Guest and to identify the patient's Registered Provider, to describe the incident or condition that caused you to seek services through the Program, and to confirm that your payment information and contact information is up-to-date. By logging into the Program and submitting the information for an Inquiry, you consent for such information to be transmitted to your Registered Provider by electronic means, as described in these Terms and you consent to receiving one or more telephone calls or emails from your Registered Provider or other individual designated by your Registered Provider to respond to your inquiries.
Receive Inquiries: Registered Providers will receive Inquiries submitted by Registered Guests who select them as their Registered Provider via the App. Those Registered Guests may or may not be established patients of the Registered Provider’s practice. All details of an Inquiry, except for payment method information, will be provided to the Registered Provider for review and analysis.
Initiate responses: Registered Providers will make recommendations based on the information submitted in the Inquiry and may instruct Registered Guests to take certain self-help actions, to come to the Registered Provider's office, to go to an emergency room, or to take such other action as appropriate based on the details reported in the Inquiry. By responding to such Inquiries, the Registered Provider consents to the information contained in the response being transmitted to the Registered Guest who initiated the Inquiry by electronic means, as described in these Terms and to receiving one or more telephone calls or emails from the Registered Guest as a follow-up to the response. LOOP will not disclose a Registered Provider's personal email, phone number or mobile number to a Registered Guest or other party at any time.
By submitting an Inquiry, Registered Guests agree that the details of an Inquiry will be forwarded to the designated Registered Provider, the Registered Provider will review the information submitted and respond as he or she determines is appropriate (via email, or telephone). The responses from your Registered Provider may include instructions to go to an emergency room, instructions to come to the Registered Provider's office, instructions to undertake certain self-care, instructions to come to the Registered Provider's office at a time in the future, or other instructions that the Registered Provider deems appropriate.
LOOP may add features or functionality to the Program at any time, but is not required to do so. If you do not agree to the updated Terms, you should stop using the Program.
The Website and the App contain material that is protected by copyright and trademark laws. No one may modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any information, content or material from the Website or the App. Registered Guests may download material from the Website or the App only for personal, non-commercial use, provided all copyright and other proprietary notices remain intact on all downloaded materials. You may not sell any of the information, content or materials from the Website or the App for any reason.
The Program, the Website and the App as well as all accompanying content, features, functionality (including, but not limited to information, software, text, images, videos, audio, displays, and trademarks) are owned by LOOP, and Users do not receive any rights in or to such items as a result of use of the Program.
ACCEPTABLE AND LAWFUL USE
All users, whether Registered Guests, Registered Providers, Subscribing Entities or other individuals or entities (each a "User") agree to use the Program solely for lawful purposes. Users' agree not to upload or transmit through the Program any material which (a) is false, inaccurate or misleading; (b) violates or infringes in any way upon the rights of others; (c) is obscene, threatening, abusive, defamatory, vulgar, pornographic, profane, indecent, invasive of privacy or publicity rights; (d) contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) is otherwise objectionable; or (f) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law. Users may not use the Program in any way that restricts or prevents any other User from using or enjoying the Program, and LOOP shall have the right to deny access to any User that LOOP deems unfit to use the Program for any reason. Notwithstanding the above, LOOP has no obligation to monitor the use of the Program; however, it reserves the right to do so.
You may not use any robot, spider, scraper, or other automated means to access the Website or the App, the Services or content provided through the Program for any purposes. You shall not attempt to make the Program unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by other Users, or collect information about other Users, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions.
By posting messages, uploading files, inputting data, or engaging in any other forms of communication through the Program, you are granting LOOP a royalty-free, perpetual, non-exclusive, unrestricted worldwide license to use, copy, publish, sublicense, adapt, transmit and display any such communication or to sublicense third parties to exercise any of the foregoing rights.
CONFIDENTIALITY OF AND RESPONSIBILITY FOR CREDENTIALS
Each User is responsible for maintaining the confidentiality of his or her account, including his or her user ID and password (your “Credentials”), and all Users are fully responsible for all activities that occur under their personal account with or without the User's knowledge. If a User knowingly provides his or her Credentials to another person, the User's access to the Program may be suspended temporarily or terminated. Each User agrees to immediately notify LOOP of any unauthorized use of your Credentials, your account or any other breach of security.
TERM OF AGREEMENT
These Terms shall remain in full force and effect for as long as you retain the right to and do access and use the Program. You may terminate your membership at any time by providing us with notice via email at firstname.lastname@example.org. LOOP may terminate your membership and/or access to the Program at any time for any reason, and upon terminating your access to the Program, will send you an email (to the email address you have on file) confirming that your access has been terminated. All decisions regarding termination of membership, accounts or access shall be made in the sole discretion of LOOP. The provisions of these Terms related to confidentiality and your representations and warranties, indemnification obligations and payment obligations will survive any termination of these Terms until such obligations are fully performed.
LOOP'S RIGHT TO SUSPEND OR TERMINATE
Each User agrees that LOOP may, with or without cause, at any time immediately terminate a User's access to or use of the Program including, a User's status as a Registered User or Registered Provider. Without limiting the foregoing, the following may lead to a termination by LOOP of a User's access to and use of the Program: (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity.
Data On Termination or Suspension
If your access to the Program is suspended or terminated for any reason at any time, the data and information that you have previously submitted through the Program will remain in our database and may be used by us in accordance with these Terms and applicable law; however, the data will no longer be available to you via the Website, and such data will remain accessible through the App only as long as the App is installed on your existing mobile device. Once you delete the App from that device, the data will no longer be available on that device. LOOP has no obligation to maintain or store the information or data that you have submitted through or received from the Program.
CONSENT TO NOTICES
By registering for an account with LOOP, you agree that LOOP may send notices to you by email at the email address you provided when you registered (or which you later update).
Information Collected and How It Is Used
LOOP does not use the Program to collect or track personally identifiable information or health information, unless Users voluntarily provide such information to LOOP through the Program either as part of the registration process or as part of submitting or responding to an Inquiry; however, Registered Guests should be aware that their Registered Providers may voluntarily provide personally identifiable information about them through the Program in addition to the personally identifiable information that the Registered Guests provide directly. While submission of any personally identifiable information or health information is always voluntary, certain features of the Program may not be accessible or may not operate correctly, or a Registered Provider may not be able to fully respond to an Inquiry, if you choose not to provide such information.
LOOP may monitor usage of the Program through "Visitor Statistics" for the App or the Website. Visitor Statistics include the type of device(s) that you use to access the App, the browser and device(s) you use to access the Website, which portions of the App or Website you use, and how long you spend accessing each portion of the App or Website. Visitor Statistics are used to track usage of the Program and may be used to enhance and improve the Program in the future. Visitor Statistics do not include personally identifiable information or health information.
Either the App or the Website may at times place tracking files on a User's device. These files are used to enhance navigation on and usage of the App or the Website. The tracking files do not by themselves track personally identifiable information, but it is possible the information collected by the tracking devices can be associated with other data making it personally identifiable. By accepting these Terms and using the App or the Website, you agree that the App or the Website may place such tracking files on your device for this purpose.
The App is not designed or intended to attract children under the age of 18 (or the age at which an individual may consent to medical treatment in his or her state, whichever is younger)(the "Age of Consent"). LOOP does not collect any personally identifiable information, whether or not such information is voluntarily provided, from any person it actually knows is under the age of 13, without parental or guardian consent. If a parent or guardian accesses the Program as a Registered Guest acting on behalf of a person under the Age of Consent, that parent or guardian is responsible for protecting that child's personally identifiable information, and by utilizing the Program on behalf of the person under the Age of Consent, the Registered Guest consents to the collection of personally identifiable information on behalf of the person under the Age of Consent.
Geographic Use Restrictions
There is no fee to sign up as a Registered Guest or to access the Website or the App. Depending on the nature of each Inquiry, the Registered Provider reserves the right to charge a fee for responding to the Inquiry. The Registered Provider or Subscribing Entity may or may not provide you with guidelines for charges you will incur. If you have any questions regarding your Registered Provider's or Subscribing Entity's billing policy as it relates to the Program, you should contact them before submitting any Inquiries.
If the Registered Provider or Subscribing Entity submits a bill for the Inquiry, we will facilitate payment of the bill by processing payment to the payment method that you maintain on file with the Program. Payment processing is handled by a third party payment processor who maintains separate terms and conditions regarding use of their system and we reserve the right to change payment processors at anytime. You will be required to set up an account with that payment processor. The current payment processor is Stripe, Inc., and the payment processor’s terms and conditions can be accessed www.Stripe.com. You are responsible for keeping your payment information up to date in the records maintained by the payment processor at all times when you are using the Program. Once paid, all charges are final, nontransferable and nonrefundable, and any disputes regarding the charges must be resolved with your Registered Provider. LOOP will not process or be responsible for submitting documentation to insurance or other third party payers.
Registered Providers and Subscribing Entities will pay a fee to register for the service. Fees are based on the number of Registered Providers affiliated with a Subscribing Entity and the number of Registered Providers at a single facility. The applicable fees will be specified in each Registered Provider’s Subscription Agreement. All fees are final, nontransferable and nonrefundable, except in the event of demonstrated clerical errors.
WARRANTY AND DISCLAIMER
THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LOOP DOES NOT MAKE, AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE PROGRAM, OR ANY ADVICE OR SERVICES PROVIDED AS PART OF THE PROGRAM. LOOP DOES NOT WARRANT THAT ACCESS TO THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PROGRAM WILL BE CORRECTED.
LOOP DOES NOT VET, APPROVE OR ENDORSE THE ADVICE, RECOMMENDATIONS, INFORMATION, OR CONCLUSIONS THROUGH THE PROGRAM BY OTHER USERS OF THE PROGRAM OR BY REGISTERED PROVIDERS OR OTHER PROFESSIONALS. YOU USE SUCH INFORMATION AT YOUR OWN RISK.
ALL REGISTERED PROVIDERS USING THE PROGRAM REPRESENT AND WARRANT THAT THEY ARE PROPERLY LICENSED PRACTITIONERS IN THEIR JURISDICTION WITH FULL RIGHTS TO PROVIDE THE DENTAL / MEDICAL ADVICE THAT THEY PROVIDE TO REGISTERED GUESTS THROUGH THE PROGRAM.
ALL REGISTERED GUESTS USING THE PROGRAM REPRESENT AND WARRANT THAT THE INFORMATION THEY PROVIDE VIA THE PROGRAM IS, TO THE BEST OF THEIR KNOWLEDGE, TRUE AND CORRECT AND NOT INTENDED TO MISLEAD A REGISTERED PROVIDER OR INDUCE A REGISTERED PROVIDER TO MAKE INAPPROPRIATE RECOMMENDATIONS.
LIMITATION OF LIABILITY OF LOOP
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL LOOP OR ITS OFFICERS, DIRECTORS, MEMBERS, VENDORS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) DUE TO YOUR USE OF THE PROGRAM, OR DUE TO YOUR RELIANCE ON ANY OF THE ADVICE PROVIDED AS PART OF THE PROGRAM.
When you are using the Program, information that you submit will be transmitted via the internet, including wireless networks and cellular networks. Such transmission is beyond the control of LOOP, and no such transmissions can be completely guaranteed. LOOP assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Program.
Registered Guests agree to defend, indemnify, and hold LOOP, its officers, directors, members, employees, vendors, agents, and representatives harmless from and against any claims, actions, causes of action, demands, liabilities or settlements, including without limitation legal and accounting fees (collectively the "Claims"), resulting from, or alleged to result from, your violation of these Terms, including without limitation, Claims arising out of or resulting from your submission of personally identifiable information or health information.
Registered Providers and Subscribing Entities, jointly and severally to the extent the Registered Providers are affiliated with a Subscribing Entity, agree to defend, indemnify, and hold LOOP, its officers, directors, members, employees, vendors, agents, and representatives harmless from and against any Claims, resulting from, or alleged to result from, your violation of these Terms, including without limitation, Claims arising out of or resulting from your submission of personally identifiable information or health information and Claims arising out of or resulting from the manner in which you respond to any Inquiry and/or the advice you provide in response to any Inquiry.
Trademarks. LOOP and the related logos are trademarks of LOOP. Any other logos such as those of sponsors of the Program or other LOOP services are trademarks of those organizations respectively. You agree not to display or use these trademarks in any manner without prior, written permission from LOOP or the organization(s) that owns such logos or trademarks.
Assignment and Binding Nature. LOOP may assign its obligations under these Terms at any time. You may not assign or transfer your rights or obligations under these Terms to any other person or entity for any reason.
Governing Law. These Terms and your use of the Program shall be governed by and construed in accordance with the laws of the State of Alabama without regard to its conflict of law provisions.
Dispute Resolution. By using the Program, you agree that any dispute arising out of or in conjunction with the Program shall be subject to the exclusive jurisdiction of and venue in the state or federal courts sitting in Jefferson County, Alabama.
JURY WAIVER. YOU HEREBY WAIVE ANY AND ALL RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY PROCEEDING REQUIRED TO RESOLVE A DISPUTE ARISING UNDER THESE TERMS, AND YOU AGREE THAT ANY SUCH DISPUTES SHALL BE RESOLVED BY A JUDGE SITTING WITHOUT A JURY.
Waiver. The failure of LOOP at any time to enforce any provision of these Terms shall not constitute a waiver of such provision or of any other provision hereof or of LOOP's right to thereafter enforce any provision hereof.
Links. The Program may contain links to other apps or websites that are not under the control of LOOP. The inclusion of any link does not imply endorsement by LOOP of such app or website and LOOP is not responsible for the content of such linked apps or websites.
Severability. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be deemed severed from these Terms and the remainder of the provisions shall remain in full force and effect.
Entire Agreement. These Terms represent the entire agreement between you and LOOP with regard to use of the Program.
For any questions or comments, or to report violations of these Terms contact us at:
420 20th Street N
Birmingham, AL 35203
Last Revised August 17, 2018.