The Near Me Dental is an information searching system that is operating in the dental industry. Near Me Dental, LLC (hereinafter “NMD”, “we”, “us”, “our”) processes nearmedental.com and linked websites, applications (collectively referred to as the “Services”). This document contains essential information required for its users working with NMD.
Present terms and conditions (hereinafter referred to as the “Terms of Use”) is a binding agreement entered by and between among users accessing the Services to find providers or book appointments (hereinafter referred to as the “Users”, “you”) with dental offices, dentists, hygienists, dental labs (hereinafter the “Healthcare Providers”, “Healthcare representative”) and NMD.
When you work with the Services, you automatically agree with the Terms of Use. As outlined in the present Terms of Use, the definition “you” implies anyone who accesses NMD Services in any manner.
Whenever you decide to stop using the Services for any reason, Terms of Use apply to you with previous work.
NMD gathers and works with Individual Data described in Privacy Policy.
Whenever NMD has any amendments to Terms of Use, it’s informed Users and Healthcare Providers by email or notification on homepage nearmedental.com.
You hereby acknowledge that the Terms of Use can be amendment anytime without your prior announcement.
If you decide to continue working with the Services after amendments, you accept the new edition of the Terms of Use. If you disagree with any updated Terms of Use provision, you must stop working with it.
Any controversy regarding Terms of Use is regulated by those editions of the Terms of Use which is effective as the date when the dispute arises.
You agree that at any time, NMD may add new or change or suspend the Services in whole or in part. NMD is not responsible for the resulting breaking and/or suspension of the Services.
Terms of Use spread in each new Service. Whenever you sign up for an NMD account and start working with Services, you accept work on your behalf.

SERVICES

NMD provides you with a bounded, universal, revocable, non-sublicense, non-transferable license to work with Services according to the Terms of Use.
Several Services may be accessed without NMD registration.
When you complete registration on nearmedental.com, you automatically allow us to work with your Individual Data as is described in Privacy Policy.
You acknowledge that text, images, photo, video, and audio (collectively “Content”) posted on nearmedental.com cannot be treated as any diagnosis or therapy, or medical advice. This content might be provided as an advertisement.
NMD does whatever is needed to give you accurate Data regarding the Healthcare Providers. Still, we do not provide a guaranty regarding occupational skills, high-grade of work, service cost, or other Healthcare Providers’ information.
NMD is never responsible for any Data which the Healthcare Provider gives.

NMD DOESN’T PROVIDE DENTAL CONSULTATION

NMD is not a dental care provider. The Content that you look through on nearmedental.com regarding the Healthcare Providers, their partners, sponsors, advertiser, licensors is for informational and contact purposes only.
IF YOU NEED EMERGENCY DENTAL, CALL HEALTHCARE PROVIDER AND 911, YOU SHALL NOT USE nearmedental.com. IF YOU NEED ANY MEDICAL OR MENTAL HEALTH EMERGENCY, CALL 911.
YOUR WORK AND ACCESS TO WITH SERVICES ARE SPECIFICALLY AT YOUR OWN PERIL AND RISK.
NMD recommends you conduct a self-reliant check of the Content, requesting the Healthcare Provider, ADA, or other organizations to verify any Data.

NO HEALTHCARE PROVIDER USER RELATIONSHIP

HEALTHCARE PROVIDERS WORK WITH THE SERVICES TO MAKE THEIR CONTENT AVAILABLE TO THE USERS.
YOUR USE OF THE CONTENT IS NOT A HEALTHCARE ADVICE OR SERVICES.
WHEN YOU WORK WITH THE SERVICES, NO LICENSED HEALTHCARE PROVIDER/USER AGREEMENTS ARE CREATED, FOR INSTANCE, USING SERVICE “SEARCH FOR”.
Near Me Dental encourages the Healthcare Providers to work with the Services responsibly. However, NMD will not bear responsibilities for unconfirmed, canceled appointments, faults, or any other negative consequences of therefrom.
NMD provides the Healthcare providers according to the User’s search. User scheduling an appointment is solely responsible for their choice of the respective Healthcare Service Provider.
NMD takes specific actions to ensure that the Healthcare Providers hold an active license, certifications, and other current documentations by the law.
All certified Healthcare Providers are acceptable to work with the Services.

THE SERVICES AND CONTENT ARE INFORMATIONAL RESOURCES

Any Data posted on nearmedental.com is of an informational nature for the Users and Healthcare Providers. NMD does not bear obligation or assume responsibility in regards to the Content.
Healthcare Provider is responsible for the posted Content that is for general reference and information but does not constitute a public. Offer.
Also, the Content of the Healthcare Provider might be gathered from any sources without approval by Healthcare Provider before “claim and update your profile” on nearmedental.com.
NMD encourages Healthcare Providers to post factual, truthful information and update it whenever needed, but NMD has no obligation regarding outdated, incorrect, or insufficient Data. By posting the Content on nearmedental.com, NMD does not give recommendations or provide advice about the Healthcare Provider’s services, qualifications, and skills.
NMD reserves the right to enter into agreements, contracts, or otherwise to advertise the Healthcare Providers or providers another services, works, or goods.
NMD does not charge User fees. Searching results are based on the Data provided by the Healthcare Providers.
NMD might show advertisements through the Services or in other spaces on nearmedental.com, including cramming the search results. NMD may receive additional fees for advertising.
Showing advertisement NMD is not support, promote, or recommendation of anything to anyone.
Advertisements are marked as “AD”, “Sponsored”, “Featured”.
All information about Healthcare Provider’s services is presented for the informational purposes of the User. NMD is not responsible for the safety, practical, or other side effects of healthcare providers’ services.
For further meaning and understanding, terms are “Personal information” or “Individual Data”. They mean detailing information regarding yourself, for instance, First and Last names (or if you have a middle name), DOB, age, gender, race, ethnicity, height, weight, the color of eyes, hair color, mail/E-mail address, phone number, billing information and otherwise. To review information about types of your personal information which NMD  may process, please familiarize yourself with our Privacy Policy.

YOUR RESPONSIBILITIES

Healthcare Providers NMD Account Credentials:
During creating your NMD Account, you provide us with your email and password (collectively, “Credentials”). Your Credentials have to be kept private. Anytime when your Credentials have been compromised, you shall send a warning to the following email: service@NearMeDental.com.
Also, you can create Credentials using Google LLC (“Google”) or Apple Inc. (“Apple”) services.
Whenever you use third-party services, you agree with using NMD of your Data through these Services.
NMD is not responsible for compliance with third party’s privacy policies and other conditions outlined in such documents.
Disputes Between Users, User and Healthcare Providers, Healthcare Providers:
If the Healthcare Service Provider has a dispute with any of the Users of the Service, NMD does not assume any responsibility under such disputes or controversies. NMD does not relate to any claims for damages or claims or proceedings of another kind arising out of a dispute between the Healthcare Service Providers and Users.

TELEMEDICINE SERVICES

For the convenience of the Users and Healthcare Providers, NMD allows working with video features of the Service.
During the provision of access to the video service, NMD does not assume responsibility for any information received from the Healthcare Providers or for any of their acts or omissions.
NMD is independent of and does not relate to the Healthcare Providers and cannot control the Healthcare Provider’s services, including the specified video service.

THIRD-PARTY LINKS AND SERVICES

Links to Other Websites:
When you use the Services, you might encounter links to other websites. These links are provided for your convenience only, and NMD doesn’t endorse these sites or the products and services they provide. You acknowledge and agree that NMD is not responsible or liable for the content or accuracy of these other websites. Although NMD attempts to link to trustworthy websites, they may contain objectionable, unlawful, or inaccurate materials, and NMD shall not be responsible or liable for the legality or decency of material contained in or accessed through such other websites. By using the Services, you release and hold NMD’s harmless from any and all liability arising from your use of any third-party website or Service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealing, are solely between you and such organizations and/or individuals. It would be best if you made whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that NMD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

Third-Party Software

NMD might incorporate third-party software as part of certain Services, including third-party open-source software without limitation. Your use of such third-party software is subject to any and all applicable additional terms and conditions governing such use provided by the third-party software provider. Where appropriate, additional notices relating to the third-party software can be provided by us, which can contain attribution and disclaimer notices applicable to the third-party software.

Mobile Application

You accept and consent that the availability of the NMD mobile application is subject to the third-party providers from which you download the application (for instance, the Apple App Store, Google Play) (hereinafter, the “Application Provider”). Every Application Provider might offer its own terms and conditions. Before downloading the mobile application, you have to agree with them. Whenever terms and conditions of the respective Application Provider are fewer limiters than terms and conditions of these Terms of Use, or conflict with these Terms of Use, you agree to apply these Terms of Use.
Whenever you access the Mobile Application through the Application Provider, you accept and consent that:

• present Terms of Use is the binding agreement between you and NMD;
• responsibility for the Services bears on NMD;
• an Application Provider has no responsibility and obligation for maintenance and support of the Services or claims according to the Services;
• an Application Provider is a third-party beneficiary of the present Terms of Use as connected to your work with of the Mobile Application;
• an Application Provider will have the right or will be considered to have accepted the right to impose present Terms of Use as related to your work with of the Mobile Application against you;
• whenever any third party claims you infringe that third party’s intellectual property rights while using the Mobile Application, NMD will have to take the investigation and delete such Content if you confirm a claim.

SUBSCRIPTIONS

NMD offers Free or Paid Services (hereinafter the “Paid Subscriptions”) for the Healthcare providers.

Paid Subscriptions provide features that are not available for free. NMD reserves the right to modify, change, or otherwise add the Paid Subscriptions, including changing or added prices anytime. Paid Subscriptions might be subject to additional Terms of Use.

Whenever Healthcare Providers commence using the Paid Subscription, they will be responsible for giving current payment information, such as credit card details or banking data for the Paid Subscription payment. Any Healthcare Provider who uses Paid Subscription agrees to pay all charges according to the choice of Paid Subscription. Healthcare Provider who uses the Paid Subscription agrees to make a payment upon receiving any notice or claim. Healthcare Providers agree to make auto payments of the Paid Subscription until unsubscribing. In accordance with the Healthcare Provider agreement, NMD automatically charges a fee for the Paid Subscription until Healthcare Provider unsubscribe.

Healthcare Provider agrees that NMD might pass payment data or Individual Data (as these terms defined in the Privacy Policy) to our Partners, who provide services for processing your payments.

Any Paid Subscription or other service charges are sole of sales or other taxes.

REVIEWS

Every User working with the Services might leave feedback about Healthcare Providers regarding the work done or using nearmedental.com. The chapter “How Reviews Work on Near Me Dental” details how to use this function. Any review sent to NMD is publicly accessible and is not subject to any intellectual property rights. Whenever User makes on NMD any review, the respective User gives NMD at the same time nonexclusive, global, royalty-free, irrevocable, sublicense, termless license to work with and publish review out of any compensation.

USE OF CONTENT

All Content is the property of NMD or NMD licensors and is protected by law: Copyright Law of the United States, United States trademark law, United States patent law, Trade Secret Law, and other laws or treaties.

NMD permits to work with any Content on nearmedental.com for personal use only, wherein NMD does not grant any intellectual property rights to Users or Healthcare Service Providers. By accessing the Service, you might print, download or save information from the website. NMD prohibits copy, spread, sell, or another use of the Content for any commercial purposes.

DISCLAIMER

NMD was created to provide informational services to encourage comfortable cooperation between Healthcare Service Providers and Users operating in the dental industry. You acknowledge that while working with Services, NMD has no control over persons or entities using the Services, what impact the Content might have on you, what activity you can have after using the Services. Whenever you use the Services, you release NMD from any liability to you regarding Content. NMD has no fiduciary duty to you.

NMD disclaims any guarantees regarding services obtained through the use of nearmedental.com. NMD does not guarantee that the Services will operate without interruptions, errors, other defects or losses of information, computer viruses, or other harmful items.

LIMITATION OF LIABILITY

NMD under no circumstances will be held liable for damages, direct or indirect, incurred through using the Services. In several jurisdictions, the limitation of liability can not apply; that is why if you are a resident of such jurisdiction, this section does not apply to you.

In accordance with the applicable law, you agree to release of and give up any demands and claims to NMD or personally to employees, partners, officers, agents from any loss (direct or indirect), costs, charges (including litigation costs, lawyer’s fees) emerging from or otherwise related to the Services. California’s residents accessing the Services waive the right set forth by California Civil Code, chapter 6, section 1542 “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party”.

TERMINATION

NMD reserves the right to delete the Healthcare Provider’s profile in case of a third party claim regarding intellectual property rights is raised, or whenever has been a violation of Terms of Use, Privacy Policy, or other NMD documentation.

INDEMNIFICATION

Healthcare providers agree to reimburse loss (direct or indirect), costs, charges (including litigation costs, lawyer’s fees) emerging from or otherwise related to use the Services, violations of NMD documentation, such as Terms of Use, Privacy Policy and violations of intellectual property rights of the third party, for instance, using Credentials without agreement.

DISPUTE

All disputes between NMD and Users, Healthcare Providers, or others are resolved through negotiations and agreements of the parties. If the parties cannot resolve the dispute, it will further be submitted to the binding arbitration according to the rules and laws of New York State. The arbitration decision will be binding on the parties.

MISCELLANEOUS

Whenever User or Healthcare Provider works with the Services, such access or use constitute the User’s or Healthcare Service Provider’s electronic signature making the binding agreement with the following NMD documentation: Terms of Use, Privacy Policy, Admissible Use Policy, Cookie Policy, Corrections Policy, Community Standards, Do Not Sell My Personal Information.

Whenever a User or Healthcare Provider gives NMD a cell phone number and/or e-mail, NMD can use it to reach out to you by phone, SMS/MMS/E-mail messages, including using automated dialing technology to text you at the cell phone number. NMD can send any information that might be of interest, that might be informative or provide advertisements to you. Users and Healthcare Providers acknowledge and agree with receiving these messages/calls for any purposes. Rates for mobile messages/calls are subject to the mobile provider which you use.

Users and Healthcare Providers acknowledge and agree to update contact information anytime when it has been changed.

You understand and agree that any claims related to the Services can be brought no later than one year from the cause of the said claim arose.

The present Terms of Use are supposed to and have been used in accordance with the rules and laws of New York State.

Terms of Use and all other NMD documents were drafted in the English language.