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Terms and Conditions (“Terms”)

  1. YOUR ACCEPTANCE

    Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using OrthoInTouch (the “Service”) operated by OrthoInTouch (“us”, “we”, or “our”).  These Terms of Use are a legal document designed to protect your (“you”, or “the Subscriber”) rights and the rights of OrthoInTouch, with regards to the OrthoInTouch Service, software, website, documentation, and incidental intellectual property. Using the Service constitutes acceptance of these terms.  If you do not agree to any of these terms or the OrthoInTouch Privacy Policy, you may not use the Service.
  1. SUBSCRIBER’S RIGHTS AND RESPONSIBILITIES
  • Subscriber will provide accurate data requested by OrthoInTouch upon signing up for the Services and at subsequent times as requested by OrthoInTouch
  • Subscriber is solely responsible for maintaining the confidentiality of their Account Information and Credentials.
  • Subscriber shall not give account information to third parties
  • Subscriber shall immediately notify OrthoInTouch if any unauthorized use of Subscriber’s account has occurred or of any other breach of security.
  • Subscriber shall at all times be responsible and liable for any transmissions or activities that originate from Subscriber’s account.
  • Subscriber understands and agrees that Subscriber and, if applicable, Subscriber’s company will assume all financial responsibilities for use of the Services originating from Subscriber’s account by Subscriber or others.
  • Subscriber is solely responsible for any and all activity that occurs with respect to Subscribers account including but not limited to initiating inbound and or outbound email and text messages, contact information data, and message content.
  • Subscriber is responsible for obtaining and maintaining up-to-date contact information of those they will use OrthoInTouch services to contact.
  • Subscriber is responsible for obtaining consent / permission of those they will use OrthoInTouch services to contact.
  • Subscriber is strictly prohibited from using OrthoInTouch Service in connection with the delivery or transmission of unsolicited messages, commercial or otherwise or for spamming.
  • The transmission of text messages for sales solicitation, advertising and/or marketing purposes is strictly prohibited.
  • Subscriber shall be fully and solely liable for any email or text message transmission and fully responsible for compliance with applicable federal, state and local laws including but not limited to federal, state and/or local laws or rules regulating or prohibiting the transmission of emails and/or text messages
  1. ORTHOINTOUCH’S RIGHTS
  • OrthoInTouch service plans and rates are posted at the OrthoInTouch website, as may be amended by OrthoInTouch from time to time
  • Subscriber may not grant any sub-license, leases or other rights in the Services to any third party.
  • Subscriber may not, nor allow any third party, to copy, sell, or reverse engineer any portion of the Services.
  • All rights not expressly granted under this Agreement are retained by OrthoInTouch.
  1. TERMINATION
  • Either party may terminate this Agreement immediately upon notice to the other party for any reason or for no reason.
  • OrthoInTouch reserves the right to suspend, deny or terminate Subscriber’s Service if OrthoInTouch, in its sole discretion, believes Subscriber is using or plans to use OrthoInTouch Services in a manner that is unlawful, abusive, prohibited by these Terms and Conditions or if Subscriber’s use or planned use of OrthoInTouch Services creates or could create a potential adverse impact to OrthoInTouch’s ability to provide the Services to others (a “misuse”).
  • In the event of a termination for Misuse, any amounts already paid by Subscriber to OrthoInTouch shall immediately become forfeit and the property of OrthoInTouch, regardless of whether or not the Services to be provided in connection with such initial payment had been provided.
  • Upon termination, Subscriber shall immediately cease to use the Services and OrthoInTouch shall have no further obligations whatsoever to Subscriber.  Any amounts owed by Subscriber for Services rendered by OrthoInTouch prior to such termination shall continue to be due and payable regardless of such termination.
  • OrthoInTouch shall not be liable to the Subscriber or any third party for terminating this Agreement.
  1. LIMITATION OF LIABILITY
  • In no event shall OrthoInTouch be liable to Subscriber or any third party for special, indirect, incidental or consequential damages whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability whether arising out of Subscriber’s use of the website associated with these terms and conditions, the Services, or otherwise. OrthoInTouch’s liability for damages, regardless of the form of the action, shall not exceed the license fee paid by Subscriber for the Services, if any. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
  1. DISCLAIMER
  • The Services licensed hereunder are licensed “as is” and “as available” and OrthoInTouch makes no warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any similar warranty whether said warranty arises under provisions of any law of the United States or any state thereof. OrthoInTouch makes no representations or warranties that the Services are free of rightful claims of any third party for infringement of proprietary rights. The entire risk associated with the use of the Services shall be borne solely by Subscriber.
  • OrthoInTouch makes no warranty that the Services will meet Subscriber’s requirements, or that the Services will be uninterrupted, timely, secure, error free or that any defects in the Services will be corrected.
  • OrthoInTouch does not make any warranty pertaining to any goods or Services purchased, obtained, secured or acquired through the Services or any transaction entered into through the Service.
  • Subscriber has not relied and will not rely on any representation or warranty implied or expressed by OrthoInTouch or any persons associated with OrthoInTouch other than those expressly set forth as part of these Terms and Conditions.
  • Subscriber understands that OrthoInTouch cannot and does not guarantee or warrant that any files available for downloading from the internet or the website associated with these Terms and Conditions will be free of viruses or other destructive code. Subscriber is responsible for implementing sufficient procedures and checkpoints to satisfy Subscriber’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the website associated with these Terms and Conditions for any reconstruction of any lost data.
  • OrthoInTouch will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect subscriber’s computer equipment, computer programs, data or other proprietary material due to subscriber’s use of the website or any services or items obtained through the website or to subscriber’s downloading of any material posted on it, or on any website linked to it.
  1. INDEMNIFICATION
  • Subscriber shall indemnify and hold harmless OrthoInTouch, its owners and employees from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees), and damages resulting from any negligent acts, omissions or misconduct by Subscriber, Subscriber’s use of the Services or any breach of the Terms and Conditions of this Agreement by Subscriber.
  1. MODIFICATION TO SERVICES
  • During the term of this Agreement, OrthoInTouch may modify or discontinue/terminate one or more of the Services.
  • OrthoInTouch shall not be liable to the Subscriber or any third party for any reason for OrthoInTouch modifying or terminating of such Services.
  • The Subscriber is responsible for creating a back-up copy of any important or critical information that is otherwise to be stored by OrthoInTouch in connection with the provision of the Services.
  1. MODIFICATION TO AGREEMENT
  • OrthoInTouch may automatically amend these Terms and Conditions at any time by (i) posting a revised agreement on the OrthoInTouch website, and/or (ii) sending information regarding the Terms and Conditions amendment to the email address Subscriber provides to OrthoInTouch.  Subscriber is responsible for regularly reviewing the OrthoInTouch website to obtain timely notice of such amendments. Subscribers will be deemed to have accepted the amended Terms and Conditions if Subscriber continues to use OrthoInTouch Service(s) after such amended Terms and Conditions have been posted or information regarding such amendment has been sent to Subscriber. Otherwise, these Terms and Conditions may not be amended except in writing signed by both parties.
  1. RULES AND REGULATIONS

    OrthoInTouch may set numerical limits to the amount of transactions a Subscriber may send through the Services. Subscriber agrees to abide by all applicable local, state, federal, national and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber’s Username and Password, including the content of Subscriber’s transmissions through the Service. By way of example, and not as a limitation, Subscriber agrees not to:
  • Use the Service in connection with the delivery or transmission of unsolicited messages (commercial or otherwise) or spamming.
  • Create a false identity, caller id, or forged email address, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message.
  • Impersonate any other person or entity or misrepresent Subscriber’s affiliation with any other person or entity.
  • Use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, or illegal.
  • Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
  • Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity.
  • Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs.
  • Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service.
  • Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
  • Interfere with another member’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services.
  • Unlimited use does not mean unreasonable use. Subscriber may not use OrthoInTouch services in a manner that may interfere with other OrthoInTouch Subscriber’s use of OrthoInTouch services or disproportionately impact OrthoInTouch resources. If we determine, at our sole discretion, that the Subscriber’s use of OrthoInTouch services is in violation of these Terms and Conditions, or is conducted in any other manner that we deem to be unreasonable or excessive, then we may interrupt or terminate Subscriber’s service, decline to renew Subscriber’s service, or offer Subscriber a different service plan. Notwithstanding the foregoing, OrthoInTouch reserves the right to deny service or cancel existing service to anyone for any reason at any time, at OrthoInTouch’s sole discretion.

    Further, Subscriber will abide by all rules, regulations, procedures and policies of OrthoInTouch and any policies of the networks connected to the Services.
  1. COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS
  • Subscriber shall be fully and solely liable for any text messages sent through the Service and fully responsible for compliance with applicable law.
  • Subscriber acknowledges that OrthoInTouch has absolutely no involvement in the acquisition, or development of Subscribers call list(s) or control over the creation, content of any transmission or the destination such transmission will be sent or in the execution of any audio or text message disseminated by Subscriber, nor will OrthoInTouch be liable for such content.
  • Subscriber is fully and solely responsible to be aware of, understand, and comply with all of the rules and regulations applicable to Subscriber’s use of OrthoInTouch Service including but not limited to Federal Trade Commission rules and regulations, Federal Communication Commission rules and regulations, National Do Not Call Registry rules and regulations and individual state Do Not Call rules and any applicable individual state or local regulations, CAN-SPAM, the Controlling the Assault of Non-Solicited Pornography and Marketing Act, along with any other federal, state, or local laws that may be applicable to Subscribers use of OrthoInTouch Service. Subscriber agrees not to violate these, or any other federal, state, or local law and represents and warrants that Subscribers use of OrthoInTouch will not cause OrthoInTouch to violate these or other similar laws.
  • Subscriber agrees that it is the sole responsibility of the Subscriber to abide by any laws defined by the State or Federal Government in which Services will be applicable. Subscriber understands and agrees that OrthoInTouch will not be held responsible for damages to the Subscriber or any third party incurred due to Subscriber’s failure to abide by state and/or federal laws and will seek indemnification from Subscriber for damages it sustains from Subscriber’s breach of this provision.
  1. PAYMENT FOR RECURRING SERVICES
  • All charges for recurring OrthoInTouch Service will be charged to the credit card number Subscriber provides the Payment Gateway when signing up for OrthoInTouch recurring Services.
  • Monthly service charges are paid via payment gateway and cover service for that month.
  • In the event credit card or other form of payment is denied, OrthoInTouch may discontinue Service immediately.
  1. CANCELLATION OF ORTHOINTOUCH SERVICE
  • Subscriber’s may be cancel service by contacting sales at orthointouch dot com