Practice Booster Terms of Service
Notice: If you are using our website for the one hour Test Drive, you agree that you will not download or print out any material during your test drive and that you will obey the Terms of Service for www.practicebooster.com as outlined in the remainder of this document.
This agreement is in effect as of Sep 13, 2011.
You, the User, agree that any information received from www.practicebooster.com or any support call will not be construed as legal, consulting, accounting, or medical advice. Always seek the advice of a professional to determine the ramification of the use of any information obtained at this website.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
We also reserve the right to modify or discontinue this website at anytime with or without notice. Further, we reserve the right to charge a subscription fee in connection with the use of the restricted areas of the website, and may at any time, with or without notice change the subscription fee required for said use. By agreeing to these terms, you are agreeing that you will not hold PracticeBooster Analytics, LLC, or any affiliate company of PracticeBooster Analytics, LLC, liable for said changes of content, fees, or the discontinuation of this website. You further agree that any and all liability is restricted solely to the refund of the User’s unexpired subscription.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
c. You will be allowed access for one IP address per license per login session. If you do not logout, each session will expire after a nine (9) hour period from login. You may login immediately thereafter to regain access for an additional (9) hour period, but only one IP address will be permitted per login. You agree that you will not attempt to login from multiple IP addresses per active session.
d. You will be limited to submitting forty (40) code inquiries per nine (9) hour session. You agree that we may log your IP number, page view activity, article downloads, and other activities and that misuse is subject to the limitations outlined herein. The website and its content is protected copyrighted material. We may use Third Party administrators to monitor any suspicious activity related to its use in lectures, articles, webinars, or coding certification.
e. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
f. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
g. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
h. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
i. You agree that your licensed use of the website is not for the benefit of any other third-party or another business entity or practice at your location, but is solely for your personal or company use. You may establish WIFI access for your individual person or company to use mobile devices and computers on the same IP address but any outside business entity or person is prohibited from using your access. You agree to control your WIFI access point by password.
j. We may provide various communication tools on our website, such as forums and message boards. You understand that generally we do not pre-screen or monitor the content posted by Users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Forum, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any PracticeBooster Analytics, LLC, Dr. Charles Blair & Associates, Inc., or American Dental Support, LLC employees or representatives;
- Contains any virus, Trojan horse, Easter egg, time bomb, spyware, worm, or any other coding that is intended to harm, hijack, or damage any hardware or software equipment.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. We also reserve the right to terminate your subscription(s) to www.PracticeBooster.com with a refund of the unused portion with or without cause.
l. You agree to indemnify and hold harmless PracticeBooster Analytics, LLC, and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us. You further agree to indemnify and hold harmless the American Dental Association (“ADA”) and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, which may arise from a violation of this User Agreement, use of, or inability to use the CDT-2011-2012: Current Dental Terminology (“CDT”), or the failure to fulfill any obligations relating to the use of your account incurred by you or any other person using your account.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
- the use of our Resources will meet your needs or requirements.
- the use of our Resources will be uninterrupted, timely, secure or free from errors.
- the information obtained by using our Resources will be accurate or reliable, and
- any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
- any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- no information or advice, whether expressed, implied, oral or written, obtained by you from PracticeBooster Analytics, LLC, or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
- the CDT is provided “AS IS” without any warranty of any kind.
Furthermore, you understand and agree that:
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. PracticeBooster Analytics, LLC, will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. Further, you agree and understand the that ADA will not be liable for any damages, whether direct, indirect, incidental, consequential or exemplary, which may be incurred by you or anyone with access to your account, as a result of this agreement, the use of the website, or the use or inability to use the CDT or other documentation owned, copyrighted and trademarked by the ADA.
By using this website or Resources, you, the User, agree that interpretation and final judgment for each code is to be made by each individual User and his/her supporting staff. American Dental Support, LLC and PracticeBooster Analytics, LLC, are in no way responsible for any interpretation or final judgment made in conjunction with the information obtained from this website.
Also be aware insurance codes and code interpretations are constantly changing, with CDT updates, which are now released every two (2) years. Your practice should always rely on the most recent CDT version when reporting any dental procedure. Each CDT update includes new, deleted (if applicable), and revised procedure codes. It is necessary that the practice reports exactly “what you do” and adhere strictly to reporting the current CDT code set. Historically, insurance companies have not been consistent in code interpretations, and UCR (usual, customary and reasonable) or MPA (maximum plan allowance) fees vary widely among payors, from contract to contract. The level of reimbursement is set by the employer through a desired premium level or reimbursement schedule. American Dental Support, LLC and PracticeBooster Analytics, LLC, has made a good faith, best effort attempt at accuracy, but generalizations must prevail, as there are endless variations from contract to contract, and payor to payor. Please contact each individual insurance company or the employer for a specific contract if you are unsure of its policies, reimbursement or exclusions. Additionally, benefits coverage is getting more difficult to predict due to numerous and subtle exclusions, limitations, and alternative benefits designed to fall within the employer’s demanded lower premium level, or limitations to a current premium increase.
All content and materials available on www.practicebooster.com, including but not limited to text, graphics, website name, code, videos, images and logos are the intellectual property of PracticeBooster Analytics, LLC, and are protected by applicable copyright and trademark law, regardless if distinguished by ®, ™, “SM” or neither. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by PracticeBooster Analytics, LLC. All information and materials contained in the website shall remain the property of PracticeBooster Analytics, LLC, or any other holder of an exclusive copyright.
Some portions of the website, or some information referenced or quoted, is the exclusive property of the American Dental Association and is evidenced by a copyright, license or trademark. The Code On Dental Procedures and Nomenclature as published in Current Dental Terminology, with the current edition CDT-2011/2012, (the CDT), is the sole property of the ADA, copyright © 2010 American Dental Association, with all rights reserved, and is used with the permission of the ADA. A royalty is paid to the ADA for the use of the codes. The ADA retains all rights in the CDT and any modified or updated versions, new editions, or derivative works of the publication. The ADA further owns all rights of commercialization, rental or sale of the CDT or any part thereof, the right to make derivatives of the CDT and the right to distribute the CDT and copies thereof. The use of this ADA copyrighted material does not convey to you a proprietary interest in the CDT, or any portion thereof.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by PracticeBooster Analytics, LLC, from our offices located in the state of North Carolina, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of North Carolina, by accessing our website, you agree that the statutes and laws of North Carolina, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Gaston County, North Carolina. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Third Party Beneficiary
By agreeing to these terms of service, you agree that the ADA is a direct and intended third party beneficiary of these terms. The rights of the ADA under these terms shall be limited to a violation arising from the use of any ADA licensed information.
UNLESS OTHERWISE EXPRESSED, PracticeBooster Analytics, LLC, EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
PracticeBooster Analytics, LLC
P.O. Box 986
Belmont, North Carolina 28012