Terms and Conditions of Use For the OperaDDS™ Family of Products. Please read these terms of use carefully before using this site or products.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE BELOW, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND OperaDDS™ AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND OperaDDS™ WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 21 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

By using the OperaDDS™ family of products, namely Pager™, Chorus™, Send™, Recare™ and any other Opera-branded products released by Prehensile Software, LLC (collectively “OperaDDS” or “Prehensile’), the website OperaDDS.com (the “Site”), any OperaDDS™ application or application plug-ins (“Applications”), and all services and products of Prehensile Software, LLC, you agree to follow and be bound by these terms and conditions of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, including United States laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user; “we”, “us” and “our” refers to collectively OperaDDS™ products and OperaDDS™.com; and “Products and Services” refers to all products and services provided by us. Any Affiliated companies’ services (i.e. BahBam Software LLC/DentalTNT, Cake Soft LLC/Cake Intake which may have common ownership) or other third-party services, maintain their own terms of use and privacy policies which are separate from wholly owned Prehensile products and services.

It is your responsibility to review these Terms of Use periodically. If, at any time, you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use or to unsubscribe, please contact care@operadds.com

OperaDDS™ and OperaDDS™.com provides currently an intuitive, comprehensive medical clinic paging system to provide an automated SaaS (Software-as-a-Service) software solution to individuals and clinics (organizations) that need immediate communication within their clinic or organization setting. OperaDDS™ hosts its software as a backend SaaS service for customers. The Site includes general information on commonly encountered clinical (organizational) contemporaneous general operation communicating issues. OperaDDS™ and its family of products are not substitutes for the direct and timely communications needs necessary within the clinical situation regarding all emergency situations regarding patient care. Your own clinic’s emergency procedure process will always take precedence to OperaDDS™ in a threatening situation.

This Site, information and Applications are not intended to create any doctor-patient relationship, and doctor-patient relationship between you and another person and OperaDDS™.

PRIVACY POLICY:

OperaDDS™ respects your privacy and permits you to control the treatment of your personal information. A complete statement of OperaDDS™’s current Privacy Policy can be found on our website at operadds.com.

OWNERSHIP:

This Site and OperaDDS™ Applications and OperaDDS™.com, are owned and operated by Prehensile Software, LLC. All right, title and interest in and to the products and services provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Services”) are owned either by OperaDDS™ or by Affiliates or by our respective third-party, developers or vendors (“Business Associates”). All of our Business Associates maintain in accordance with regulations set forth by Health Insurance Portability and Accountability Act of 1996 and/or its relevant regulations (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). Except as otherwise expressly provided by OperaDDS™, none of the Products and Services shall be construed to confer any license under any of OperaDDS™’s intellectual property rights, whether by estoppel, implication or otherwise. OperaDDS™ does not sell, license, lease or otherwise provide any of the Products and Services other than those specifically identified as being provided by any rights not expressly granted herein are reserved by OperaDDS™.

LIMITED PERMISSION TO DOWNLOAD AND USE:

OperaDDS™ hereby grants you permission to download, view, and use the Products and Services solely for your business use within your clinic and is not for commercial resale, where applicable. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use.

OperaDDS™ grants you a limited, personal, non-exclusive, non-transferable license to use our Products or Services for your clinic’s business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Products or Services in any manner. You shall not remove any copyright or patent-related notice from any document or reproduction. As necessary, your clinic will be HIPAA/HITECH compliant when using our Products and Services and will notify us immediately of any data security breach that occurs.

MEMBER ACCOUNT, PASSWORD, AND SECURITY:

You will either create or be assigned an account (including a user name and password) during the registration process. You are responsible for maintaining the confidentiality of the password and are responsible for all activities that occur under your account, pursuant to HIPAA and HITECH compliance regulations; shall execute a Mutual Business Associate Agreement Confidentiality And Security Of Protected Health Information document, as described herein below You agree to (a) provide accurate, current, and complete information about you when registering your account and update that information as necessary, (b) maintain the security of your password and identification; (c) immediately notify care@operadds.com of any unauthorized use of your password or account, or any other breach of security, and (d) ensure that you log out from your account at the end of each session. Prehensile Software, LLC will not be liable for any loss or damage arising from your failure to comply with this section.

PAYMENT AND REFUNDS:

If you purchase a paid subscription to OperaDDS™, you will be required to provide a valid credit card, which will only stored by our secure third-party payment gateway and used for automated monthly billing. Pager, Chorus, Send, Recare and other Opera-branded products may be available free of charge for basic communication features, or on a limited time trial basis, which terms are subject to change without notice.

OperaDDS™ is a PAY-AS-YOU-GO SERVICE (“Service”) and is billed monthly to your Visa, American Express or MasterCard. Pricing quoted are subject to change without notice.

  1. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service.
  2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  3. For any Service price increases, your credit card that you provided will automatically be charged the new rate on your next monthly billing cycle.

CANCELLATION AND TERMINATION:

You are solely responsible for properly canceling your account. Send an email request to care@operadds.com, or if available you may cancel via your customer profile. All of your electronic files will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.

  1. If you cancel the Service before the end of your current paid up month, your cancellation will take effect at the end of said month.
  2. Prehensile Software, LLC. in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account.

LINKS TO BUSINESS ASSOCIATES, USE OF PHI, & THE MUTUAL BUSINESS ASSOCIATE AGREEMENT CONFIDENTIALITY AND SECURITY OF PROTECTED HEALTH INFORMATION DOCUMENT

This Site and Applications may contain links to websites controlled by parties other than OperaDDS™or by Affiliates of OperaDDS™ (each a “Business Associate”). OperaDDS™ may work with a number of partners and affiliates whose sites are linked with our Products and Services. OperaDDS™ may also provide links to other citations or resources with whom it is not affiliated. Prehensile Software, LLC or OperaDDS™ are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services, quality or use of any Business Associate, any website accessed from a Business Associate site or any changes or updates to such sites. You acknowledge that you bear all risks associated with access to and use of content provided on a Business Associate site and agree that the OperaDDS™ family of products and Prehensile Software, LLC are not responsible for any loss or damage of any sort you may incur from dealing with a third-party. You should contact the site administrator for the applicable Business Associate if you have any concerns regarding such links or the content located on any such Business Associate site. If you plan on or contemplate possibly the sending of or the receiving of PHI, as defined pursuant to HIPAA or HITECH, you must then prior to the use of any Applications described herein, download, read, consent, execute (electronic signature accepted), and return to Prehensile the Mutual Business Associate Agreement Confidentiality And Security Of Protected Health Information document, that can be found in Company Profile under Company Settings which is available to all Company Administrator Users.

USE OF OPERADDS™:

On our Site, through our SaaS Applications, which may be through certain Affiliates or third-party Business Associates, we may offer other “products or services “. If you buy a service from one of our Business Associates, you will be directed to that entity’s website and it terms of use will control. If you buy or use a service from our Site or Applications, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or use of a Service or Product of ours does not create a liability to us or any acts or omissions to act by you.

DISPUTE RESOLUTION BY BINDING ARBITRATION:

Please read this carefully as it affects your rights. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our Customer Care Center at care@operadds.com. In the unlikely event that the OperaDDS™ Customer Care Center is unable to resolve your complaint to your satisfaction (or if OperaDDS™ has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration rather than in a court of competent jurisdiction. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted. You may elect to speak with independent counsel before using this Site or completing any purchase.

ARBITRATION AGREEMENT:

  1. OperaDDS™ and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
    • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory
    • claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising and intellectual property)
    • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class and
    • claims that may arise after the termination of these Terms.

    You agree that, by entering into these Terms of Use, you and Prehensile OperaDDS™ are each waiving the right to a trial by jury or to participate in a class action. These Terms of Use evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Use.

  2. A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party in accordance with the rules of the American Arbitration Association in Minneapolis, MN (where arbitration that is agreed upon will occur). A Notice to OperaDDS™ should be addressed to Prehensile Software, LLC, 109 Bushaway Road, Wayzata, MN 55391 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Prehensile Software, LLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Prehensile Software, LLC may commence an arbitration proceeding.
  3. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.

ADDITIONAL TERMS:

Some OperaDDS™ Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.

RIGHTS AND RESPONSIBILITIES OF OPERADDS™ AND ITS PRODUCT FAMILY:

Although we cannot make an absolute guarantee of system security, OperaDDS™ takes reasonable steps as outlined in HIPAA/HITECH regulations to maintain security. If you have reason to believe system security has been breached, contact us by email at care@operadds.com for help.

If OperaDDS™’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, OperaDDS™ reserves the right to delete those files or to stop those processes. If the OperaDDS™ technical staff suspects a user name is being used by someone who is not authorized by the proper user, OperaDDS™ may temporarily disable that user’s access in order to preserve system security. In all such cases, OperaDDS™ will contact the member as soon as feasible.

OperaDDS™ reserves the right to refuse service to anyone and to cancel user access at any time for any reason or for no reason.

RIGHTS AND RESPONSIBILITIES OF THE USERS OF THE OPERADDS™ FAMILY OF PRODUCTS:

You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you transmit using any OperaDDS™ service that allows interaction or dissemination of information. In transmitting User Content, you agree that you will not submit any content:-

  1. that is known by you to be false, inaccurate or misleading;
  2. that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  3. that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising);
  4. that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation;
  5. that contains any computer virus, worms, or other potentially damaging computer programs or files; and
  6. that otherwise violates these Terms of Use.

NO WARRANTY:

THE SITE, APPLICATIONS, AND ALL SERVICES AND PRODUCTS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OperaDDS™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

OperaDDS™ MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE SERVICES AND PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE SERVICES AND PRODUCTS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY SERVICES AND PRODUCTS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE SERVICES AND PRODUCTS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY SERVICES AND PRODUCTS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. OperaDDS™ SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, ERRORS, VIRUSES, OR DELAYS IN OPERATION THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, SERVICES, INFORMATION OR SOFTWARE.

LIMITATION OF LIABILITY AND INDEMNIFICATION:

YOU WILL HOLD OperaDDS™ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF OperaDDS™ HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF OperaDDS™ IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE OperaDDS™ ARBITRATION AGREEMENT, CONTAINED IN OF THESE TERMS OF USE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

UNSOLICITED SUBMISSIONS:

Except as may be required in connection with your use of OperaDDS™ Services, Prehensile Software, LLC does not want you to submit confidential or proprietary information to us through this Site or any Applications unless in compliance with HIPPA/HITECH regulations of Protected Health Information (PHI). All non-PHI comments, feedback, information or material submitted to OperaDDS™ and/or its family of products through or in association with this Site shall be considered non-confidential and OperaDDS™’s property. By providing such submissions to OperaDDS™ you hereby assign to OperaDDS™ at no charge, all rights, title and interest in and to the submissions and any intellectual property rights associated therewith. OperaDDS™ shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS:

When accessing, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and Products and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third-party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit or that is provided or transmitted using your OperaDDS™ user account. All Site design, text, graphics, pictures, information, data, software, sound files, and the selection and arrangement thereof, Copyright © Prehensile Software, LLC. ALL RIGHTS RESERVED. OperaDDS™, Pager™, Chorus™, Send™, Recare ™, operadds.com, logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Prehensile Software, LLC. All other trademarks, product or service names and company names or logos cited herein are the property of their respective owners.

CHILDREN:

No persons under the age of 21 are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.

GOVERNING LAW; VENUE:

By using this Site or any Applications, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Minnesota, excluding its choice of law rules, and except and to the extent that the Health Insurance Portability and Accountability Act Privacy Rule applies to any health-related information you provide to Prehensile (in which case such HIPAA Privacy Rule governs), the privacy laws of the State of Minnesota will govern. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Services is governed by the Arbitration Agreement contained in these Terms of Use.

INQUIRIES:

BY USING THE SERVICES AND PRODUCTS OF OperaDDS™ OR ACCESSING THE OperaDDS™ SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER AND EMAIL ADDRESS TO PREHENSILE SOFTWARE LLC VIA THE OperaDDS™ WEBSITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO PREHENSILE SOFTWARE LLC AND THAT PREHENSILE SOFTWARE LLC OR ITS AFFILIATES MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

ACKNOWLEDGEMENT:

BY USING OperaDDS™ AND RELATED PRODUCTS AND SERVICES OR ACCESSING THE OperaDDS™ WEBSITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Copyright 2015 © OperaDDS™ | Prehensile Software
Last updated 12-15-15

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