Terms & Conditions

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Agreement between User and www.ezdentalcharts.com

Welcome to www.ezdentalcharts.com The www.ezdentalcharts.com website (the “Site”) is comprised of various web pages operated by Lightning Dental (“Lightning Dental”). www.ezdentalcharts.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.ezdentalcharts.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.ezdentalcharts.com is an E-Commerce Site.
Dental charting software

Privacy

Your use of www.ezdentalcharts.com is subject to Lightning Dental’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.ezdentalcharts.com or sending emails to Lightning Dental constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Lightning Dental is not responsible for third party access to your account that results from theft or misappropriation of your account. Lightning Dental and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Lightning Dental does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.ezdentalcharts.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Users may cancel at any time. Subscriptions are paid on a monthly basis, and users are able to access our service until the end of the calendar month during which they cancel their subscription.

Links to Third Party Sites/Third Party Services

www.ezdentalcharts.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Lightning Dental and Lightning Dental is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Lightning Dental is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lightning Dental of the site or any association with its operators.
Certain services made available via www.ezdentalcharts.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.ezdentalcharts.com domain, you hereby acknowledge and consent that Lightning Dental may share such information and data with any third party with whom Lightning Dental has a contractual relationship to provide the requested product, service or functionality on behalf of www.ezdentalcharts.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.ezdentalcharts.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Lightning Dental that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Lightning Dental or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Lightning Dental content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Lightning Dental and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property ofLightning Dental or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Lightning Dental from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Lightning Dental Content accessed through www.ezdentalcharts.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Lightning Dental, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Lightning Dental reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lightning Dental in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Lightning Dental agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding

Liability Disclaimer

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Lightning Dental and/or its suppliers may make improvements and/or changes in the site at any time.
Lightning Dental and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “As is” without warranty or condition of any kind. Lightning Dental and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Lightning Dental and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Lightning Dental or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Termination/Access Restriction

Lightning Dental reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lightning Dental as a result of this agreement or use of the Site. Lightning Dental’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Lightning Dental’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Lightning Dental with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Lightning Dental with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lightning Dental with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Lightning Dental reserves the right, in its sole discretion, to change the Terms under which www.ezdentalcharts.com is offered. The most current version of the Terms will supersede all previous versions. Lightning Dental encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Lightning Dental welcomes your questions or comments regarding the Terms:
Lightning Dental
5225 N. Central Ave. Suite #109
Phoenix, Arizona 85012
Email Address: info@ezdentalcharts.com
Telephone number: 6022666060
Effective as of October 20, 2019
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
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
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