New Benevis, Inc. PATIENT INFORMATION WEBSITE TERMS OF USE
Welcome to the Benevis Patient Information website. Benevis provides this web site as a secure, private channel for patient communications with Benevis, its affiliates, or its participating dentists. It may allow you to review patient health information, as well as update patient contact, insurance and appointment information (collectively the “Dental Web Services”).
Terms of Use
1. The Dental Web Services are offered to you under, and you agree to be bound by, the terms and conditions of this Terms of Use. The Dental Web Services are only available to users that have an existing patient-dentist relationship at Benevis, its affiliates, or its participating dentists. We reserve the right to update or change these Terms of Use at any time and for any reason by posting the modified Terms of Use. Your continued use constitutes your agreement to be bound by any such revisions and you should therefore periodically visit this page of the website and print the latest version of the Terms of Use for your records.
2. Use of Services
NOT FOR EMERGENCIES
The Dental Web Services are not for requesting appointments for dental emergencies or urgent situations. IF YOU THINK YOU MAY HAVE A DENTAL EMERGENCY, CALL YOUR DENTIST OR SEEK OTHER MEDICAL ASSISTANCE IMMEDIATELY.
Cost
You will not be charged for your use of the Dental Web Services.
Your Account
You represent and warrant that you are at least eighteen years of age and that you possess the legal right and ability to enter into this Terms of Use, register on the Dental Web Services under your own name and to use the Dental Web Services in accordance with this Terms of Use and abide by the obligations hereunder. If you use the Dental Web Services for dependents, you are extending this Agreement and the terms herein, as applicable, to your dependents. You are solely responsible for maintaining the confidentiality of your password, and for all activities that occur under your password. You agree to prohibit anyone else from using your password and immediately notify Benevis of any unauthorized use of your password or other security concerns of which you become aware.
3. Privacy
Benevis respects your privacy and takes privacy very seriously. By accepting this Terms of Use, you consent to the use and disclosure of personally identifiable information provided to us, including the use of "cookies." For further information please review our Privacy Policy, which is incorporated herein by reference, at
this link.4. General Legal Provisions
Third Party Sites
Although the Benevis may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link does not imply endorsement of the linked site by Benevis, its affiliates or its participating dentists. Benevis takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. Nor does Benevis take responsibility for the privacy policies and practices of these third-party links.
Operation and Record Retention
Benevis reserves complete and sole discretion with respect to the operation of the Dental Web Services. Benevis may, among other things withdraw, suspend or discontinue any functionality or feature of the Dental Web Services. Benevis is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. Benevis reserves the right to maintain, delete or destroy all communications through the Dental Web Service pursuant to its internal record retention and/or destruction policies.
Limitations on Use
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Benevis AND THEIR RESPECTIVE AFFILIATES FROM AND AGAINST ALL LOSSES, LIABILITY, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RELATED TO ANY BREACH OF THIS TERMS OF USE OR ANY NEGLIGENT OR WRONGFUL USE OF THE BENEVIS WEB SERVICES BY YOU OR ANY OTHER PERSON ACCESSING YOUR ACCOUNT.
Indemnity
YOU AND YOUR DEPENDENTS AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BENEVIS AND THEIR RESPECTIVE AFFILIATES FROM AND AGAINST ALL LOSSES, LIABILITY, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RELATED TO ANY BREACH OF THIS TERMS OF USE OR ANY NEGLIGENT OR WRONGFUL USE OF THE BENEVIS WEB SERVICES BY YOU OR ANY OTHER PERSON ACCESSING YOUR ACCOUNT.
Term and Termination
This Terms of Use shall commence upon the date you first access or use the Dental Web Services and/or complete the registration process. Either you or Benevis may terminate this Terms of Use and your right to use the Dental Web Services at any time, with or without cause. This Terms of Use and the licenses granted hereunder shall terminate without notice in the event you (or any authorized person using your account) fail to comply with the terms and conditions of this Terms of Use, or the rules for use of the Dental Web Service as amended from time to time.
Notice
Benevis may provide notice by e-mail to the e-mail address you provided in registration, by a general notice on the Dental Web site, or by written communication delivered by first class U. S. mail or express courier to your address on record. In the event that we must notify you regarding a potential unauthorized disclosure of your personal health information, we may do so via email. You may give notice to Benevis at any time via electronic mail to ComplianceTeam@Benevis.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to Benevis, Attn: Compliance Department, 1090 Northchase Parkway, Suite 150, Marietta, Georgia 30067.
Severability
The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.
Assignment
You may not assign, transfer or delegate this Terms of Use or any part of it without Benevis’s prior written consent. Benevis may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.
Waiver
Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.
Governing Law
This Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any choice of law rules or principles. Any cause of action or claim you may have with respect to this Terms of Use must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the Dental Web Services or web site.
By clicking "I Agree" below and accessing or using the Dental Web Services, you agree to be bound by the terms and conditions of this Terms of Use. If you do not wish to be bound by this Terms of Use, you are not authorized to access or use the Dental Web Services and/or any of its components.