Last Modified: August 4, 2023
The Service that Brushem, LLC provides to you is subject to the following Terms of Service (“Terms”).
These Terms constitute a legal agreement between you and Brushem, LLC, an Oregon limited liability company and its successors, parents, subsidiaries, affiliates and related companies or other companies under a common control that we may have or operate now or in the future (“Brushem”, “we”, “our” or “us”). As used in these Terms, the words “you” and “your” refer to you, the user of the Brushem Service. The use of the word “including” in these Terms is used to refer to specific examples and will be construed to mean “including, without limitation” or “including, but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered. These Terms apply to the Brushem website and proprietary and third-party mobile applications (the “Site”) and the asynchronous teledentistry communication service we offer on the Site (together with the Site, the “Service”). These Terms govern your access to and use of the Service, so please carefully read them before using the Service. By using the Service you agree to be bound by these Terms.
The following is a brief summary of these Terms:
- The Terms describe your rights and responsibilities in connection with your use of the Service.
- As between Brushem and you, you own any content you post to the Service.
- We will only use your content to the extent necessary to provide you with the Service.
- Protecting your content is very important to us. We endeavor to keep your content secure against unauthorized access and disclosure using a variety of authentication and security processes and procedures.
PRIVACY AND SECURITY PROTECTIONS
ACCEPTANCE OF TERMS
If you don’t agree to these Terms, do not use the Service. You agree that your use of the Service will always be subject to the most current version of these Terms at the time of such use. It is your responsibility to review these Terms from time to time for any changes. If you use the Service after we have changed any of the Terms, you are agreeing to all of the changes. Again, if you do not agree, do not use the Service.
You may not accept these Terms if you are not authorized by applicable law to form a binding contract with Brushem for the Service. If you accept these Terms, you represent that you have the legal authority to form a contract with Brushem and be bound by these Terms. Depending on your activities when visiting the Site or using the Service, you may be required to agree to additional terms and conditions as indicated on the Site or via the Service.
HEALTH CARE PROVIDER-PATIENT RELATIONSHIP TERMS
The Service may be used as a tool to facilitate the creation of a patient’s personal visual dental record and/or facilitate secure visual and text asynchronous communication between a dental patient and his or her existing team of Health Care Providers (as that term is defined by HIPAA). By accepting the Terms, the patient agrees to this.
For purposes of sharing medical information between a patient user of the Service and a Health Care Provider user of the Service, a Health Care Provider-patient relationship is established when one of the following conditions is met:
- A patient user sends a request via the Service to connect to a Health Care Provider and it is accepted by the Health Care Provider.
- A patient user uses an invite code their Health Care Provider has shared with them to create their account.
The Health Care Provider-patient relationship remains in effect until one of the following conditions is met:
- A patient user terminates the connection to the Health Care Provider.
- Either the patient or the Health Care Provider terminates his or her Brushem account.
Once data is shared with the Health Care Provider, it will remain shared with the Health Care Provider. Terminating the connection will prevent the Health Care Provider from having access to any subsequent data uploaded and/or shared by the patient.
You agree never to use the Service for urgent matters. If you experience any adverse reactions or any medical condition worsens, or for any other urgent matters, you understand that it is your responsibility to seek emergency care immediately.
If at any time you are concerned about your, or your child’s, care or the treatment prescribed by a healthcare provider through the Service, or you believe or someone else advises you that you or your child has or suspect that you or your child has a serious or life-threatening condition, call 911 in areas in which that service is available, or go to the nearest emergency room or open clinic.
USER AGREEMENT TO USE AND SHARING
Subject to Brushem’s Privacy and Security Protections, you authorize Brushem to use the information associated with your Brushem account to provide the Service and to share this information, in part or in its entirety, with those entities and individuals you designate. You understand that the designated individuals may share your health information with colleagues for the purpose of your treatment.
USER AGREEMENT TO USE AND SHARING – MINOR PATIENT
If the patient is under the age of 18, in order to use the Service, you must be authorized by applicable law to agree to use of the Service and sharing of the minor’s information. Generally, a parent or legal guardian may create an account for a child and grant others access to the data unless prohibited by applicable law. In certain limited circumstances, minors may be legally entitled to act on their own behalf and may be legally authorized to create their own Brushem account and grant others access to the data. By accepting the Terms, you are representing that you have the legal authority to form a contract with Brushem for the use and sharing of information pertaining to a minor patient. Once an account is created by an individual with legal authority to do so, a minor between the age of 13 and 17 may use the Service to access their Brushem account. U.S. federal law prohibits web site and internet service operators from collecting personal information from minors under age 13 without their parent or guardian’s knowledge and consent. A parent or guardian who becomes aware that his or her child under the age of 13 has provided us with personally identifying information without their consent, should contact us at email@example.com. If we become aware that a child under the age of 13 has provided us with personally identifying information without consent of a parent or guardian, we will take steps to delete such information from our files.
This site does not provide medical or any other health care advice, diagnosis, or treatment. Always seek the advice of your Health Care Provider (as that term is defined by HIPAA) or other qualified Health Care Provider with any questions you may have regarding a medical condition, diet, fitness or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the service.
It is your responsibility to follow the advice of their Health Care Provider and arrange any and all follow up in-office or online communication that is requested by the Health Care Provider. If a follow up appointment is requested and the patient does not either schedule or maintain the appointment, or even if the patient does follow up, Brushem is not liable for any delay in diagnosis or treatment.
Files and other content in the Service may be protected by intellectual property rights of others. You agree not to copy, upload, download, or share files unless you have the right to do so. You, not Brushem, will be fully responsible and liable for what you share, upload, or otherwise use while using the Service. You will not upload spyware or any other malicious software to the Service.
We do not claim ownership of the content you submit through the Service. Your content remains your content. We also don’t control, verify, or endorse the content that you and others make available through the Service. While we assume no responsibility to monitor content that you and others make available, we retain the right to remove any content at our discretion.
MEMBER ACCOUNT, PASSWORD AND SECURITY
The Service requires you to register by creating a user account. You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. This means that you may not set up an account using someone else’s name or contact information, unless you are a parent or legal guardian authorized to set up and maintain an account for a child, and in no event may you set up an account using a phony name or phony contact information. You also will be required to choose a password and/or a PIN. You are entirely responsible for safeguarding your password, PIN, and account, and you agree not to disclose your login information to any third party. In connection with the registration process, you may be asked to acknowledge your acceptance to the Terms of the Service by electronic signature which will be authenticated by your use of your unique user name and password and which will be electronically date and time stamped on the date and at the time your electronic signature is made.
Furthermore, you are entirely responsible for any and all activities that occur under your account, whether or not you authorized that activity. You agree to notify Brushem immediately of any unauthorized use of your account or any other breach of security, by sending an email to firstname.lastname@example.org.
Brushem will not be liable for any loss that you may incur as a result of someone else using your password, PIN or account, either with or without your knowledge. However, you could be held liable for losses incurred by Brushem or another party due to someone else using your account, PIN or password. You may not use anyone else’s account at any time, without the permission of the account holder. You may not transfer your account to someone else. You will be liable for losses and damages incurred by us (or anyone else) due to the unauthorized use of your account. If your account is terminated, we will permanently delete your data from our servers to the extent feasible. We have no obligation to return data to you after your account is terminated unless otherwise specified or otherwise required by applicable law.
It is your duty to provide true, accurate, current, and complete personal information, including your current contact information and records as necessary for us to provide the Service to you.
You must not make any misrepresentations in the information you provide to Brushem or your team of Health Care Providers (as that term is defined by HIPAA). For the Service to function effectively, you must also keep your account information up-to-date and accurate.
Your communication is also governed by the Acceptable Use Policy, which governs the acceptable use of the Site and the Service.
You represent and warrant that you either own all the information you are submitting or have the right to submit the information. Furthermore, you warrant and represent that you have the right to allow us to make your information available to our employees and agents to view and use in connection with providing the Service without requiring that any such use be subject to additional obligations or terms except as otherwise required by applicable law.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in the provision relating to the governing law and jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.
Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
You acknowledge that temporary interruptions in the availability of the Service may occur from time to time, including the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Brushem, in its sole discretion, may elect to take. Under no circumstances will Brushem be held liable for any damages due to such interruptions or lack of availability.
TERMINATION AND SUSPENSION
We may terminate or suspend your permission to use the Service immediately and without notice upon any violation of these Terms, your failure to pay any fees when due, upon the request of law enforcement or government agencies, after extended periods of inactivity, for unexpected technical issues or problems, or in the event you engage in fraudulent or illegal activities. We also reserve the right to refuse, restrict, discontinue, or terminate the Service (or any portions, components or features of the Service) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability as allowed by applicable law. If we terminate your use of the Service for any of these reasons or otherwise for cause, we will not refund any fees you may have paid.
BRUSHEM INTELLECTUAL PROPERTY
These Terms do not grant you any right, title, or interest in the Service, Site, or the content in the Service (other than your personal information and any other content you post to the Service). The software and other technology we use to provide the Service are protected by applicable intellectual property and other laws.
If you give feedback on the Service, such as recommendations for improvements or features, you hereby assign to Brushem all right, title and interest in and to such feedback, and that feedback may be implemented as part of the Service without compensation to you.
The Brushem name, the Brushem logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Brushem or its affiliates or licensors. You must not use such marks without the prior written permission of Brushem. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
You agree to indemnify, defend, and hold harmless Brushem and its directors, officers, employees and agents from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of any claims, actions, suits or proceedings related to your use of the Service, your violation of these Terms or of any rights of any third party, or any content or other information you submit to the Service. Your indemnification obligation will survive the termination of these Terms and your use of the Service.
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS. BRUSHEM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BRUSHEM AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION OR PROMISE THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THAT THERE WILL BE NO ERRORS IN THE SERVICE. ANYTHING OBTAINED THROUGH USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND BRUSHEM SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE, OR FOR ANY OTHER LOSSES YOU MAY INCUR, RESULTING FROM YOUR USE OF THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, (A) IN NO EVENT WILL BRUSHEM, OR ITS AFFILIATES, DIRECTORS, OFFICERS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, BUSINESS, OR PROFITS), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BRUSHEM HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; AND (B) BRUSHEM’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER ANY THEORY OF LIABILITY SHALL IN NO EVENT EXCEED $100.
GOVERNING LAW AND DISPUTE RESOLUTION
Except as otherwise required by applicable international law, these Terms are governed by laws of the state of Oregon, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from the Service and these Terms shall be the state and federal courts located in Portland, Oregon and each party hereby consents to the exclusive jurisdiction and venue of such courts.
You agree that if you want to bring a legal claim against us under these Terms, you must file your claim lawsuit within one year after the date on which you discovered or reasonably should have discovered the event that gave rise to your claim.
TO THE EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND BRUSHEM SPECIFICALLY AGREE TO DO SO IN WRITING.
If you do not wish to be bound by the foregoing class-action waiver, you must notify Brushem in writing within thirty (30) days of the date that you accept these Terms. Your written notification must be mailed to: Brushem, 742 NW Murray Blvd., Portland, OR 97229.