Terms of Use

Expresshealthservices.com TERMS OF USE

Acceptance of Terms

www.expresshealthservices.com, including all site-related content and services, is provided by Express Dental Care, LLC d/b/a Express Doctor, Express Hearing Solutions, LLC, Express Health Inc., and Express Eye Care LLC (hereafter “Express Dental,” “we,” “us,” or “our”). Your use of the Web Site is subject to your compliance with the terms and conditions set forth in this Terms of Use agreement (”Terms of Use”), which supplement any additional guidelines or other terms posted by Express Dental in relation to specific Web Site-related services or content or materials. We reserve the right to update or modify the Terms of Use without advance notice by posting a revised Terms of Use to this Web Site. By using the Web Site, you agree to be bound by the version of the Terms of Use then in effect. Express Dental advises you to print and retain a copy of this Terms of Use in hard copy as a record. Express Dental may deny service to you at any time and in its sole discretion, including, in the event you do not adhere to the Terms of Use.

HIPAA Compliance

We adhere to HIPPA Policy developed by the Department of Health and Human Services. For more information about HIPAA, visit the website at http://www.hhs.gov. If you would like to contact us directly about HIPAA, please send an e-mail to compliance@expresshealthservices.com.

Limited License

Express Dental grants a limited, nonexclusive, revocable, nontransferable license to view the contents at www.expresshealthservices.com exclusively on the terms and conditions set forth herein.

Copyright

Copyright on this Web Site, including all materials included in it, is owned by or licensed to Express Dental, and all rights are reserved. You must abide by all copyright notices and restrictions contained on the Site.

You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the Web Site (including audiovisual material, text, graphics or computer programs or other code) ("Site Materials"), except that (1) you may access and view and audiovisual materials pursuant to the terms of the Express Dental End User License Agreement offered during the process of purchasing a license for limited use of the audiovisual content, or (2) you may download one machine-readable copy of the Site Materials (other than audiovisual content) only for personal, noncommercial use. You agree not to alter the text, graphics or audiovisual content, and to refrain from removing any trademark, copyright, or other notice displayed on the Site Materials.

Trademarks

Express Health, Express Dental Care, Express Eye Care, Express Hearing, Express Doctor, their affiliated logos, and any other trademark, trade name, or logo on the Site are trademarks owned by us or under license to us ("Express Dental Trademarks"). You may not use the Express Dental Trademarks in connection with any product or service that does not belong to us, nor in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, nor in any manner that disparages or discredits us.

Links to Third Party Websites

Certain links in this Web Site may connect to other web sites maintained by third parties. Express Dental has no control over these web sites or the information or goods or services provided by such third parties. Express Dental shall have no liability for any use or reliance of a user on these third-party web sites.

Links, Frames, and Metatags

You may link to the home page of the Web Site as long as the link does not cast us in a false or misleading light. You may not link to any subpage of the Web Site. You may not frame the content of the Web Site. You may not use metatags or any other "hidden text" that incorporates the Express Dental Trademarks or our name without our express written consent.

About Our Privacy Policy

Express Dental is committed to your right to privacy and to keeping your personal information private. Because our Web Site includes areas in which individuals can provide personally identifying information, we have developed the Privacy Policy below to inform you of our policies and practices regarding information we collect about you on this site. If you have further questions about our policies or practices, please contact us at the following address:

Express Dental Care, LLC

5100 West Lemon Street, Suite 109

Tampa FL 33609

E-mail: it@expresshealthservices.com

Disclaimer

THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXPRESS DENTAL DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE MATERIALS IS WITH END USER. END USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY. THIS WARRANTY PROVIDES SPECIFIC LEGAL RIGHTS AND THE END USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

The Site may include inadvertent inaccuracies or errors, or information or materials that violate the Terms of Use. Additionally, the possibility exists that a third party could make unauthorized alterations to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you.

Limitation of Liability

IN NO EVENT WILL EXPRESS DENTAL OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE MATERIALS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, SAVINGS, DAMAGE TO HARDWARE OR LOST OR DAMAGED DATA OR OTHER PROGRAMS ARISING OUT OF THE USE OR INABILITY TO USE THE SITE MATERIALS OR ASSOCIATED INFORMATION (IF ANY), EVEN IF EXPRESS DENTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR ANY CLAIM BY ANY OTHER PARTY. YOUR SOLE REMEDY ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF OR INABILITY TO USE THE SITE MATERIALS OR THE INFORMATION PROVIDED HEREWITH, OR DECISION MADE OR ACTION TAKEN IN RELIANCE UPON SUCH INFORMATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE IS TO STOP USING THE SITE. SOME STATES MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO ALL OR A PORTION OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

Indemnification. You agree to defend, indemnify and hold harmless Express Dental and our directors, officers, employees and consultants, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise out of or from (a) your activities in connection with the Site; and (b) any violation of these Terms of Use by you, including breach of any representations or warranties made by you in this Terms of Use.

Termination

We reserve the right to terminate the Web Site and this Agreement at any time without notice for any reason, including, in the case of the Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination. You agree that Express Dental, in its sole discretion, may terminate your use of the Site or any part thereof, at any time and for any reason, including if Express Dental believes that you have violated or acted inconsistently with the spirit of the Terms of Use. Further, you agree that Express Dental shall not be liable to you or any third party for any termination of your access to the Site.

Miscellaneous

This Agreement constitutes the entire agreement and understanding between Express Dental and you relating to the use of the Web Site or Site Materials and supersedes all other prior or contemporaneous understandings, agreements, and communications, and/or advertising by Express Dental, its consultants, employees or agents. This Agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized officer of Express Dental. If any provision of this Agreement is held unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement is governed by the laws of the State of Florida, without reference to its conflict of law principles. Venue and jurisdiction for any disputes arising under this Agreement, use of any Site Materials or other products created, distributed, sold, licensed or offered by Express Dental, or information contained therein, shall lie solely in the state or federal courts in Hillsborough County, Florida, and you hereby consent to such personal jurisdiction before such courts and waive any jurisdictional, venue or inconvenient Site objections to such courts, in any matter arising out of or related to the Web Site, any products or services purchased through the Web Site or promoted on the Web Site, and these Terms of Use. The parties hereto acknowledge that a suit for damages arising out of any breach or violation of any provision of this Agreement will be inadequate and shall cause irreparable harm that cannot be fully remedied by monetary damage and in the event of any breach or violation, or threatened breach or violation, of this Agreement, Express Dental alone shall have the right, in addition to any other rights or remedies available at law or in equity, to obtain injunctive relief without the necessity of proving actual damages. Express Dental may assign its rights and obligations under these Terms of Use. Should you have any questions concerning this Agreement, you may contact Express Dental at it@expresshealthservices.com.

Submissions Policy

1. Referrals and other Submissions to the Site: We welcome you to submit completed Referral Forms or emails with requests for referrals to us via the Site. The amount of information that you provide is up to you, but you should consider the following:

• You can always choose not to provide information, even though it might be needed to make a referral and expedite your request.

• You can make comments on the referral form such as “will provide over the phone” or “will provide at later date”, etc. These comments are recognized, and we will call you to discuss.

• If you do not want to receive e-mail or other mail from us, please notifying marketing at marketing@expresshealthservices.com.

2. Security of Submissions. See our Privacy Policy for a discussion of the security of the information that you submit to us via the Site.

3. Referral Submission Rules. While using the Site, you agree to adhere to the rules below.

You agree not to:

• Use the Site for any unlawful purpose, or transmit or otherwise make available in connection with the Site any material that would give rise to criminal or civil liability.

• Transmit any harmful, invasive or disruptive code or other materials (such as viruses, worms or web bugs) through or to the Site, or otherwise “hack” or deface any portion of the Site.

4. Express Dental’s Rights and Use Policy. You acknowledge and agree that you have the rights to possess and transmit any information that you submit to us, both on your own behalf and on behalf of any claimant, patient, or third party. You further acknowledge that you are authorized to act on behalf of any such claimant, patient, or third party, and that your transmission of information to us via the Site fully complies with HIPAA. You grant us the right to use any information submitted to perform the services as contemplated by the website, including but not limited to services relating to the coordination and reporting of treatment with third party medical or dental providers, and all financial aspects relating to same.

“Take Down” Policy

Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Express Dental infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

Notices and counter-notices with respect to the Site should be sent to:

Express Dental Care, LLC

5100 West Lemon Street, Suite 109

Tampa FL 33609

With a copy to compliance@expresshealthservices.com

To file a copyright infringement notification with us, you will need to send a written communication that meets the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details current as of the date of these Terms of Use, includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):

·A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

· Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

· A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers

1. Ways information about you is collected

Information You Give Us. You provide most such information when you search, send a referral, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you send a referral through the Site; provide information on the referral form (and you might have more than one if you have used more than one e-mail address when sending referrals to us); communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; provide employer, payer or claimant information when sending a referral. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; people to whom you wish to be notified of the referral, including addresses, phone number, appointment information, etc. If you choose to send email messages to Express Dental, we may retain the content of your e-mail message, your email address, and our subsequent responses. Please be careful about the information that you provide us by e-mail; as with any email this channel of communication is not necessarily secure against interception.

Information We Gather. Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; referral history; the full Uniform Resource Locator (URL) clickstream to, through, and from our Web site, including date and time; cookie number; products you viewed or searched for; and the phone number you used to call our 800 number. We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our Web site for fraud prevention and other purposes. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may use the aggregated information to measure the number of visits to our site, the average time spent on our site, the number of pages viewed, and various other site use statistics. While we may review and report aggregated IP address information to Express Dental program participants, this Web Site does not link IP addresses or domain names with any personally identifiable information, which means that a visitor's session will be logged on our servers but the visitor will always remain anonymous, unless they submit and email or Referral form to us.

We do not collect any information from you online other than the personal information described above.

2. Ways information about you is used

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below and with subsidiaries or related entities that we control that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

We use the information you provide us to contact you in response to any requests, complaints, or comments you may have about this Web Site, our products or Express Dental, as well as to perform the services you have requested.

Promotional Offers: Sometimes we send offers to selected groups customers however these promotions or marketing campaigns are only sent to customers who’ve provided their information. These offers are not sent to other parties such as claimants, other customers, etc. If you do not want to receive such promotional and marketing material, please request not to be added to promotional list by emailing marketing@expresshealthservices.com.

3. What information about you or others is shared

Express Dental does not collect or compile personal information for sale or lease to parties outside of Express Dental. Except as described below, Express Dental does not share any information about you with any parties outside of Express Dental.

Affiliated Businesses We Do Not Control: We work closely with insurance carriers, healthcare providers, managed care companies, third party administrators, employers, etc. and these companies are required to adhere to HIPPA and Privacy Policies and Procedures.

Business Transfers: As we continue to develop our business, we might sell or buy other subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that we, or substantially all of our assets, are acquired, customer information will of course be one of the transferred assets.

Protection of Express Dental and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of us, our users, or others. This includes exchanging information with other companies and organizations for fraud protection. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.

We will disclose personal information to comply with valid legal processes such as a search warrant, subpoena, or court order, judicial process or regulatory authorities, to prevent fraudulent transactions, or to protect our rights and property. We will disclose information when we believe in good faith that the law requires it.

Express Dental has policies and procedures to limit employee and consultant access to information to only those employees and consultants with a business reason for accessing such information. Express Dental educates its employees and consultants about the importance of confidentiality and customer privacy. We take appropriate disciplinary measures to enforce employee and consultant responsibilities regarding customer information.

4. Ways you can control the information collected about you

When you submit an inquiry, complaint, or comment to the Site, you have the opportunity to join our mailing list. If at a later time you wish to change your participation in our mailing list, please use an e-mail request and our staff will make the appropriate change for you. You will receive confirmation that we have received your communication.

If you would like to update information previously submitted to this Web Site or request to have outdated information removed, please follow the links on the Web Site to update such information. To update or modify any information other than that which you may personally update, please e-mail your request to it@expresshealthservices.com.

5. E-mailing Express Dental

This Website allows you to send e-mail to Express Dental and certain designated individuals. Information you send us will be considered non-confidential and may be used by Express Dental or its affiliates without restriction. DO NOT SEND INFORMATION THAT YOU CONSIDER CONFIDENTIAL OR PROPRIETARY, INCLUDING BUSINESS PLANS OR IDEAS, INVENTIONS, AND THE LIKE. By sending us your ideas, you agree that we may use such ideas without compensation to you.

6. Security

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. Only Referral information is sent to us via the website. Once the information is received the information is saved internally and not accessible via Expresshealthservices.com. Detailed information may be accessed by phoning a representative at 1-888-539-0577. Express Dental takes reasonable steps to protect your personally identifiable information, and the information that you send to us concerning any other person, as you transmit the information from your computer to our site and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100 percent secure or error-free. In particular, e-mail sent to or from this site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Moreover, where you use passwords, ID numbers, or other special access features on this site, it is your responsibility to safeguard them.

7. Additional Privacy Rights and Resources

You may have other privacy protections under state laws, and Express Dental will comply with applicable state laws with regard to our information practices.

8. Changes to Express Dental's Privacy Policy

Express Dental reserves the right to modify or amend this Privacy Policy at any time and for any reason. Any changes to this Privacy Policy will be preceded by a notice posted to this Privacy Policy at least ten (10) days prior to the effective date of such change. Please check back periodically, and especially before you provide any personally identifiable information. This Privacy Policy was last updated as of the date shown at the bottom of these Terms of Use.

9. How to Contact Us

If you have any questions or concerns about this Privacy Policy or the information practices of this site, please contact us as follows:

Express Dental Care, LLC

5100 West Lemon Street, Suite 109

Tampa FL 33609

E-mail: it@expresshealthservices.com

Express Dental Care, LLC Terms of Use Policy – version 1.0