Terms & Conditions
These Terms of Service apply to your use of our website and the services we provide. “We,” “us,” or “our” refers to Lightning Dental Charts, LLC, an Arizona limited liability company, the operator of this website and the provider of these services. The services we provide include our dental charts and our dental charting system.
By using our services or by accessing and using our website or our app you agree to be bound by these Terms of Service (“Agreement”).
We may update this Agreement from time to time, so check this page regularly for updates.
Definitions
The following are defined terms used in this Agreement:
“Member” refers to anyone who has established an account with us and who signs up to use our services or any related services.
“Member content” refers to all content, materials, data posted to our website or provided by the Member during his use of the Services.
“Our content” refers to all content, materials, data and information which is posted to the website by us or by any of our providers or affiliates.
“Prohibited content” refers to any content that:
- Could reasonably be deemed to be offensive to another person.
- Could reasonably be deemed to harass, abuse, or cause distress to another person.
- Is abusive, threatening, or discriminatory or that promotes racism, sexism, hatred, or bigotry.
- Encourages or facilitates any activity that may result in harm to any person.
- Encourages or facilitates any illegal activity or the posting of which constitutes a crime in any jurisdiction.
- Is libelous, slanderous or defamatory.
- Which is posted for any commercial purposes.
- Which infringes upon any patent, copyright, trademark, or intellectual property right of any third person, or which violates any person’s rights of privacy or publicity.
- Which contains any virus, malware, spyware, malicious code or any code which is designed to interrupt, harm or limit the functionality of any software, hardware, computer systems or telecommunications systems.
“Services” refers to the online dental charting platform and dental charting services and related services offered by us through this website or by using our services.
“We,” “us,” “our,” or Company refer to us, Lightning Dental Charts LLC, the operator of this website and the and the provider of these Services.
“You” or “user” refers to you, the person using our Services. You may also be referred to as a “member.”
“Your content” or “your materials” means all content, materials, data and information which you post to the website or app or which you provide to us.
Account Eligibility
Our Services are provided to licensed dentists, dental practices and any authorized dental practice staff members. By using our services you verify that you are a licensed dentist or dental practice or an authorized staff member of a dentist or dental practice.
Our services should only be used in compliance with any applicable professional standards. It is your responsibility as a licensed dental provider to ensure that your use of the services is done in compliance with all applicable laws, rules and regulations, including without limitation all applicable professional licensing requirements.
We reserve the right to limit, restrict or deny access to the website, or services to any user at any time. Without limiting the generality of the foregoing, we may prohibit you or anyone from accessing or using our website or services if: (1) you or they violate this Agreement; (2) In our reasonable opinion, your use of the website, or services poses a risk to any other member or user or exposes us to any legal risk, or poses harm or a reasonable threat of harm to any computer system we use or access in providing the services; or (3) is contrary to law.
The Services
You understand that: (1) the services allow you to use our dental chart templates to help you prepare dental chart entries. (2) The services are merely an aid to the creation of your dental charts and that the services do not create the dental charts and the services do not allow you to create or maintain dental charts or patient information in our system. (3) These templates will assist you by providing proposed templates you can use to assist in creating dental chart entries. You must cut and paste or otherwise copy any language created or generated by our system to enter such language in dental charts in whatever electronic medical records (EMR) system or other system you use to create and maintain your patient’s dental charts.
Our system does not create entries into your dental chart or EMR (electronic medical records) systems; and we are not responsible in any way for your patient charts or EMR system. When using our system, it temporarily creates a copy of the information you have entered into our system for a limited time. In most cases, any information you enter into our system (other than contact and billing information) will not be maintained for more than 24 hours. WE EXPRESSLY DISCLAIM ANY OBLIGATION TO MAINTAIN ANY PATIENT INFORMATION WHICH YOU MAY ENTER INTO OUR SYSTEM OR WHEN USING OUR SERVICES.
Your Responsibilities
You agree to:
- Comply with these Terms of Service and with our other posted policies.
- Comply with all applicable laws and regulations, including without limitation, all privacy and intellectual property laws.
- Use the latest version of our website and services.
- Take reasonable measures to protect the security of your usernames, passwords, and login information.
- Cooperate with us in any investigation into any improper use or misuse of our website or services.
- Monitor all activ users on your account and be responsible for the actions of any person using your account, username, password or login credentials. It is your responsibility to update login credentials to remove or limit access to our system by any former employees or staff members. We are not responsible for any unauthorized access to your account caused by the use of your username, password or login information.
You agree you will not:
- Use our services to maintain any patient charts. Our Services are only to be used to assist you in creating appropriate entries for patient charting for information that is entered into a separate EMR or other system for keeping medical records related to your dental practice.
- Use the website, or services for any illegal activity.
- Use the website or services for purposes of harassing any third party or for publishing or distributing any libelous, slanderous or defamatory materials or any obscene, scandalous or indecent materials.
- Use or upload any materials which contain any viruses, bugs or malicious content, or content which may harm or damage any computer systems.
- Use the website or services to harass, bully, intimidate, stalk, defame, harm or abuse any person.
- Use any or our trademarks, names, or logos in any manner without our prior express written permission.
Content
Our Content:
- We own all intellectual property rights associated with our content; except only for that content licensed to us by our affiliates and providers. We have a license to use all of our content provided by our affiliates and providers.
- aAll our content: © 2024 Lightning Dental Charts LLC.Comply with all applicable laws and regulations, including without limitation, all privacy and intellectual property laws.
- You may access and use our content only for the purpose of using the website, and our services. You may only use our content for your use within your business or dental practice. You may not use our content for the purpose of creating any other website or services which are similar to or competitive with the services we offer. You may use our content, including our dental templates, only for the operation of your dental practice, but may not make any commercial use of our content for any other purpose. You may not use any bot or automated system to copy or reproduce any substantial portion of our content, nor may you make copies of our content or any portion of our content for the use or benefit of any third party (other than for the incidental benefit of your patients).
- You can only use our content in accordance with these Terms of Service and consistent with our policies.
- You may not use our names, trademark or logos without our separate prior written authorization.
Your Content:
- All information you provide to us during your use of our website and services is your content and, as between You and us, you retain all ownership in such content and data. It is your responsibility to ensure that all information and data you provide is accurate.
- We will take reasonable industry standard precautions to preserve the secrecy of all data or information you provide, in accordance with the terms of our Privacy Policy. It is important that you protect the privacy and integrity of your username, password and all login credentials. We are not responsible in the event of any unauthorized access to any information you provide based upon some unauthorized person using your username, password or login credentials.
- It is your responsibility as a licensed dental provider to ensure that your use of the services is done in compliance with all applicable laws, rules and regulations, including without limitation all applicable professional licensing requirements.
Rights We Grant You
As long as you pay the required fees, maintain an active account and otherwise comply with these Terms of Service and our policies, you may use our website, and services for their intended use. You may cancel your account at any time by closing your account and deleting user information and all information from your account or by giving us written or email notification that you are closing your account. We may terminate your account and your access to services in the event you violate these Terms of Service.
Fees and Payments
You agree to pay us for the use of our website and services in accordance with our then current fee schedule. Our fee schedule is posted here:
Contact Us
Contact Us
Our fees may be updated from time to time.
Generally, if you purchase subscription based services, you will be charged for our services on a regular recurring basis as set forth in our fee schedule. Fees are charged monthly unless otherwise specified. Those payments will be charged to you automatically until you cancel our services, unless otherwise provided by law. You agree we can charge your credit card on file on monthly basis (or other specified regular periodic basis) unless and until you notify us in writing to use an alternative form of payment or unless you notify us in writing in advance to terminate your account. All fees paid by you are non-refundable, unless otherwise provided by law.
Our Rights
We have the right to limit or terminate your account and access to the services if you violate these Terms of Service or any of our policies.
We have the right to use your financial and credit card information to process your payments and for related payment verification and accounting purposes.
Disclaimers
Our Services Are Provided “as is.” We Make No Representaitons of Any Kind or Nature With Regard to Our Services, and Expresslly Disclaim Any Implied Warranties of Merchantability or Fitness for Any Particular Purpose. In Addition, We Make No Warranties of Non-infirngement.
Our services are provided on an as available basis. These services are provided online and we do not make any representations or warranties regarding the availability of our website or services. We make no representations or warranties that our services or the data or information we provide is accurate, complete or error-free.
Limitations of Liablity
To the Fullest Extent Permitted by Applicable Law, in No Event Will We, or Our Affiliates, Employees, Licensors, or Service Providers Be Liable for Any Indirect, Consequential, Incidental, Special, Punitive, Damages, Including, Without Limitation, Loss of Profits, Whether Incurred Directly or Indirectly, or Any Loss of Data, Use, Goodwill, or Other Intangible Losses, Resulting From: (I) Your Access to or Use of or Inability to Access or Use Our Services, (Ii) the Inability to Access Your Information or Data; or (Iii) Any Unauthorized Access, Use, or Alteration of Your Content, Even if We Have Been Advised of the Possibility of Such Damages.
To the Fullest Extent Permitted by Applicable Law, in No Event Will Our Aggregate Liability to You for All Claims Relating to the Services Exceed the Amount Paid, if Any, by You to Us for the Services During the Twelve (12) Month Period Immediately Preceding the Date That You First File a Claim Against Us. The Damages Limitation Set Forth in the Immediately Preceding Sentence Applies Regardless of the Ground Upon Which Liability is Based (Whether Default, Contract, Tort, Statute, or Otherwise).
Some Jurisdictions Do Not Allow the Limitation of Certain Damages, So Some or All of the Limitations in This Section May Not Apply to You.
Indemnity
You agree to indemnify, defend and hold us harmless from and against any claims: (i) arising out of any negligent act, gross negligence or willful misconduct by you; (ii) your breach of any of these Terms of Service or our related policies; (iii) any claims of infringement asserted against us based upon any information or data you provided violated any right of privacy or publicity of any third party; or (iv) your violation of any law. This indemnity covers us and our officers, employees, agents, and representatives. “Claims” as used in this paragraph includes any claim, demand, action, cause of action, damage, or liability, including the cost of defending any such claim, including costs and attorneys’ fees.
Arbitration of Disputes
You Waive Any Right You May Have to a Trial by Jury for Any Dispute Arising Out of or Related to the Website, App or Services We Provide or Arising Out of or Related to These Terms of Service. You further waive any right to class action relief for such claims.
Except as provided below you agree that any and all disputes arising out of or related to the website or services we provide or arising out of or related to our Terms of Service (or any related policies) will be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in Phoenix, Arizona and will be conducted in English. Unless the amount in dispute in such proceeding is greater than $75,000 the arbitration will be conducted by a single arbitrator. If the amount in dispute is greater than $75,000 then upon the request of either party the matter will be determined by a panel of three arbitrators. All arbitrators will be selected in accordance with the rules of the American Arbitration Association. The arbitrator may, in his or her discretion, award the prevailing party the costs of the arbitration and his or her attorneys’ fees incurred in such action.
Notwithstanding the foregoing, if the amount in dispute qualifies for proceedings before Arizona Justice Courts or the small claims division of the Arizona Justice Courts then either party may file a proceeding in such court and the proceeding will proceed in such court.
Additional Terms
Descriptive Headings: The headings used in this agreement are merely included for convenience. They shall not in any manner expand or limit the rights or obligations of any party as set forth in the body of the agreement.
Governing Law: This Agreement will be governed by the laws of the United States and the State of Arizona. To the extent any dispute is not resolved by arbitration you consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, State of Arizona for any matter arising out of this agreement.
Attorneys’ Fees and Costs: In any legal action or arbitration brought arising out of or related to these Terms of Service or any related policy, the prevailing party will recover its court costs and its reasonable attorneys’ fees incurred in such action.
Related Policies
Our Privacy Policy is available here:
Our copyright policy is here:
Our Business Associate Agreement is here:
Updates
We reserve the right to update this Agreement at any time. You agree to any updated terms by using our website or services after updated Terms of Service have been posted on the website.
How to Contact Us
Our contact information is:
Lightning Dental Charts LLC
5225 N. Central Ave., Suite 109
Phoenix AZ 85012
Phone: 602-266-6060
Email: admin@lightningdentalcharts.co
Last Modified: 4/9/2024
