How It Works
Get Set-up in 5 MinutesInstallWe'll install your PatientActivator Concierge ™ for you - if you'd like, we can do it over the phone.
Set-upOur support team sets up your account and helps you choose your preferences for all reminders.
That's it!We go to work delivering reminders, reactivating patients and optimizing your online presence.
Services
Appointment Confirmations
PatientActivator automatically confirms your appointments via e-mail, text message or phone.We offer three types of reminders: a "Pending Appointment" (less than 1 week away), a "Save the Date" that allows patients ample time to make adjustments if needed and a Last Minute Reminder delivered the day of the appointment.
Features:
Our optional phone reminders can also include a personal greeting recorded in your voice.
Send a Sample Message
See how your patients will experience your PatientActivator communications.
Subscriber Agreement
THIS SUBSCRIBER AGREEMENT (this “Agreement”) describes the terms and conditions which are applicable to subscribers of the PatientActivator® service and related software (collectively, the “Services”) available under the domain and sub-domains of http://www.patientactivator.com, http://www.NationalDentalReviews.org and http://www.18DReputationMonitor.com (the “Site”). The Services and the Site are owned and administered by Futuredontics, Inc., a California corporation d/b/a PatientActivator (“Futuredontics,” “we” or “us”).
- Services and Fees
The Site and the Services work with your practice management software to manage patient retention and relationships, analyze business operations and return on investment, and communicate with your patients (“Consumers”) via phone, e-mail or text message.
Subscriber agrees to pay the current monthly service fee or promotional rate, as quoted. If Subscriber qualifies for a discount, any qualifying discount will be effective as of the first billing cycle following qualification upon written request by Subscriber.
Additional fees for other services, including but not limited to, dormant, appointment reminder and re-care phone calls, will be charged monthly on an as-quoted basis.
Futuredontics reserves the right to increase the monthly service fees upon thirty (30) days’ notice. Continued use of the Services or the Site after notice shall constitute your agreement to such increase.
Monthly service fees are due and payable on the first business day of each month. Service fees for the first month of service may be prorated based on activation date. Subscriber authorizes Futuredontics to automatically debit the credit card provided by Subscriber, if any. If payment is not received when due, Futuredontics may suspend or terminate Subscriber’s use of and access to the Services or the Site.
Late payments will incur late charges at a rate of 1.0% a month, or the highest interest rate allowable by law, whichever is lower. All payments shall be made in U.S. currency.
If Futuredontics is deemed to be the prevailing party in connection with any litigation relating to any fees not paid by Subscriber in accordance with this Agreement, Subscriber shall reimburse Futuredontics for all reasonable attorney fees and costs resulting therefrom.
- Term
If you activate the Services on the first day of the month, the term of this Agreement shall commence on such date and expire on the date twelve (12) months after such date. If you activate the Services on any day other than the first day of the month, the term of this Agreement shall commence on such date and expire on the date twelve (12) months after the last day of the month during which Services were activated. This term of this Agreement will auto-renew for an additional twelve (12) month period at the end of the then-current term unless either party hereto provides written notice of termination at least thirty (30) days prior to the end of the then-current term.
- Termination
3.1 By Subscriber
(a) During the first thirty (30) days of the term (the “Initial 30 Day Period”), Subscriber may terminate this Agreement by providing Futuredontics written notice of Subscriber’s intent to terminate no later than twenty-four (24) hours before expiration of the Initial 30 Day Period. Failure by Subscriber to provide such written notice will render this provision null and void.
(b) After the Initial 30 Day Period, there is no termination of convenience. Subscriber will be responsible for the balance of the term if Subscriber terminates this Agreement after the Initial 30 Day Period.
3.2 By Futuredontics
(a) Futuredontics may immediately suspend or terminate your use of the Services or the Site at any time if you breach any of the terms of this Agreement or the Privacy Policy.
Upon request of Subscriber within fourteen (14) days after termination, Futuredontics may, in its sole discretion, provide to Subscriber a download of patient review data in Excel format. - Responsible party
Subscribers must provide a valid e-mail address, their legal name and any other required information to complete the registration process. As part of accessing the Site you will have a username. Subscribers are responsible for maintaining the privacy and security of their username and password. Futuredontics will not be held liable for any damage or loss that may result from your failure to protect your login information, including, but not limited to, your password. In addition, you will be financially accountable for all use of our Site by you and anyone using your password and login information.
- Intellectual Property/Use of Site
The parties agree that Futuredontics owns all right, title and interest to the trademarks, service marks, copyrights and other intellectual property rights related to the Services and the Site. During the term of this Agreement, subject to the terms and conditions of this Agreement, Futuredontics grants to Subscriber a personal, limited, non-exclusive, non-transferable right to use the Services and the Site solely for its own business purpose. Subscriber shall not sell, re-sell, license, sublicense, assign, distribute or make available the Services or the Site to any third party. Subscriber shall not modify or make derivative works of the Services or the Site; create links to the Services or the Site or frame or mirror any Site pages; or reverse engineer, republish or copy any materials from the Site or the Services.
We do not permit or authorize any attempt to use the Services in a manner that could damage, disable, overburden or impair any aspect of any of our Site or Services. Unless otherwise provided by this Agreement, or unless specific applicable law requires Futuredontics to allow Subscriber to do so, Subscriber may not do any of the following without the prior written consent of Futuredontics:
- Use the Site other than for legitimate business purposes;
- Imply in any fashion that Futuredontics is endorsing Subscriber’s products or services;
- Use or access of the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Futuredontics;
- Use any robot, spider, other automatic device, or manual process (1) to monitor or copy our Site or permanently store the content contained thereon or (2) for any other unauthorized purpose including, without limitation, using or attempting to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site;
- Copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except exclusively for Subscriber’s own personal, non-commercial use) from the Site; or
- Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our Site, or take any action that imposes an unreasonable load on our equipment.
If we believe that unauthorized or improper use is being made of any Service, we may, without notice, take such action as we, in our sole discretion, deem appropriate, including blocking messages from a particular internet domain, mail server or IP address. We may immediately terminate any account which we determine, in our sole discretion
- Spam Policy
We prohibit the use of the Site or the Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam"). You may not use the Services or the Site to send Spam and you may not deliver Spam or cause Spam to be delivered to any Consumers. In addition, e-mail sent, or caused to be sent, using the Services or the Site may not:
- Use or contain invalid or forged headers;
- Use or contain invalid or non-existent domain names;
- Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
- Use other means of deceptive addressing;
- Use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party;
- Contain false or misleading information in the subject line or otherwise contain false or misleading content;
- Fail to comply with additional technical standards described below; or
- Otherwise violate this Agreement.
We do not authorize the harvesting, mining or collection of e-mail addresses or other information from the Site or through use of the Services. We do not permit or authorize third parties to use the Site or the Services to collect, compile or obtain any information about our subscribers or their Consumers, including but not limited to subscriber e-mail addresses, which are our confidential and proprietary information. Use of the Site and the Services is also subject to our Privacy Policy.
- Services and Content
7.1 Availability
We will use our reasonable commercial efforts to keep the Service and Site available on a 24-hour/7-days-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability to any user for any delay, interruption or downtime in connection with our operation of, and Subscriber’s access to the Service and the Site.
7.2 Changes
Any aspect of any Site may be changed, supplemented, deleted, updated, discontinued, suspended or modified at any time at Futuredontics sole and absolute discretion and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that Futuredontics shall not be liable to you for any delay or other damages that might result from such modification, suspension or discontinuance.
7.3 Viruses
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
7.4 Outbound Links
For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our Site and entering another site. We are not responsible for any Content, Products and Services provided through such third party websites.
7.5 Reviews and Ratings
Reviews and ratings do not reflect the views of Futuredontics; its affiliated entities; or its employees, officers, directors, or shareholders. We reserve the right, but do not undertake the obligation, to refuse or to remove any unacceptable review or other content in our sole and absolute discretion. A non-exhaustive list of unacceptable review or content includes, but is not limited to, the following: Offensive language, including obscenities, hate speech, or harassing, vulgar or explicit language; references to illegal activity; personal threats; or disclosure of personal information. We do not assume responsibility or liability for any claims, damages, or losses resulting from any use of the Site or any Review or other Content posted on the Site.
- Indemnity
You agree to defend, indemnify and hold Futuredontics, its directors, officers, agents, subsidiary companies, shareholders, employees, affiliates and representatives harmless from and against any losses, costs or claims, including court costs and attorneys’ fees and costs, arising from or relating to your use of the Services or the Site or your breach of any provision of this Agreement.
- Representations by Subscriber
You represent and warrant to Futuredontics that (i) you possess all right, power and authority to execute this Agreement and perform your obligations hereunder, (ii) the transactions hereunder will not result in a breach or violation of, or a default under, any agreement by which you are bound, and (iii) you will not engage in any of the following activities, and will make commercially reasonable efforts to ensure that your affiliates also will not: violate any law (including but not limited to the Federal Trade Commission Act, CAN-SPAM Act of 2003 or any applicable rules or regulations of the Federal Trade Commission); or engage in activities that: (a) give rise to criminal or civil liability or infringe any copyright, patent, trademark or service mark, trade secret rights or any other personal, moral, contract, property or privacy right of any third party; (b) contain or promote viruses, obscene, abusive, violent, bigoted, hate-oriented, cracking, hacking or warez content or conduct; or (c) encourage conduct that would constitute unlawful conduct or offensive conduct.
- Disclaimer
THE SERVICES AND THE SITE ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FUTUREDONTICS MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES OR CONDITIONS REGARDING THE SERVICES OR THE SITE. FUTUREDONTICS, ITS REPRESENTATIVES, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SERVICES OR THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR HARMFUL CODE. FUTUREDONTICS MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES OR SITE. WITHOUT LIMITATION OF THE FOREGOING, FUTUREDONTICS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES OR THE SITE WILL OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
- Limited Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FUTUREDONTICS SHALL NOT BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, TORT OR COVER DAMAGES; DAMAGES FOR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER OR NOT YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES; COSTS OF SUBSTITUTE SERVICES;OR LOSS OF DATA RESULTING FROM DELAYS, SERVICE BREACHES OR SERVICE INTERRUPTIONS.
IN NO EVENT SHALL FUTUREDONTICS BE LIABLE TO SUBSCRIBER IN ANY AMOUNT THAT EXCEEDS THE AMOUNT OF FEES PAID OR CHARGED FOR THE MOST RECENT MONTH OF SERVICE. For the avoidance of doubt, Subscriber expressly agrees that Subscriber’s sole and exclusive remedy for any and all claims for damages under this Agreement is limited to the total sum of fees paid by Subscriber for one month.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Business Associates Agreement
The parties have entered into an agreement above, pursuant to which Futuredontics ("Business Associate") may provide certain Services outlined above to Subscriber ("Covered Entity"). As a result of providing the Services, Business Associate and its subcontractors, employees, affiliates, agents or representatives may have access to certain Protected Health Information ("PHI"), defined below, and Business Associate may be considered a "business associate" of Covered Entity as defined in the HIPAA Regulations (defined below). The parties wish to address the requirements of the HIPAA Regulations and ensure that Business Associate will establish appropriate safeguards, including without limitation certain administrative requirements with respect to such PHI. In consideration of the foregoing and the covenants and promises contained in this Agreement above and this Business Associates Agreement, the parties agree as follows:
RECITALS
- CE wishes to disclose certain information to BA some of which may constitute Protected Health Information (“PHI”) (as defined in the HIPAA Rules), in connection with BA’s performance of services for CE.
- CE and BA intend to protect the privacy and provide for the security of PHI disclosed to BA pursuant to the BAA in compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA") and its implementing regulations, including the Standards for Privacy of Individually Identifiable Health Information (the “Privacy Rule”), the Security of Protected Standards for the Protection of Electronic Protected Health Information (the “Security Rule”), and the Breach Notification for Unsecured Protected Health Information Rule (the “Breach Notification Rule”); as amended or otherwise modified by the American Recovery and Reinvestment Act of 2009, including the Modifications to the HIPAA Privacy Security, Enforcement and Breach Notification Rules under the Health Information Technology for Economic and Clini¬cal Health Act, Public Law 111-005 (the “HITECH Act"), and regulations promulgated thereunder by the U.S. Department of Health and Human Services (the "HIPAA Regulations"); the Genetic Information Nondiscrimination Act; other modifications to the HIPAA Rules and Final Rule; and other appli¬cable state and federal laws and regulations.
- As part of the HIPAA Regulations, the Privacy Rule, the Security Rule, and the Breach Rule (defined below) require CE to enter into a contract containing specific requirements with BA prior to the disclosure of PHI, as set forth in, but not limited to, Title 45, Sections 164.314(a), 164.502(e) and 164.504(e) of the Code of Federal Regulations ("CFR") and contained in this BAA.
In consideration of the mutual promises below and the exchange of information pursuant to this BAA, the parties agree as follows:
AGREEMENT
- DEFINITIONS
- Catch-all definition:
The following terms used in this BBA shall have the same meaning as those terms in the HIPAA Rules and Regulations: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, PHI, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured PHI, and Use. -
Specific definitions:
- “Breach” shall have the same meaning as set forth in 45 CFR Section 164.402.
- “Business Associate” (“BA”) shall generally have the same meaning as the term “business associate” at 45 CFR Section 160.103.
- “Covered Entity” (“CE”) shall generally have the same meaning as the term “covered entity” at 45 CFR Section 160.103.
- “Electronic Protected Health Information” shall mean any PHI which is also “electronic protected health information” as that term is defined in 45 CFR Section 160.103.
- “HIPAA Rules” and “HIPPA Regulations” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164 and under the HITECH Act.
- Individual. “Individual” shall have the same meaning as the term “individual” in 45 CFR Section 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR Section 164.502(g).
- Protected Health Information or “PHI” shall have the same meaning as the term “protected health information” in 45 CFR Section 160.103 that is created, received, maintained, transmitted, or accessed by BA from and on behalf of CE.
- Security Incident” means the attempted or successful unauthorized access, use, disclosure, modification, destruction of information or interference with system operations in an information system.
- Catch-all definition:
- OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE
Business Associate agrees to:
- Not use or disclose PHI other than as permitted or required by this BBA or as required by law;
- Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI, to prevent use or disclosure of PHI other than as provided for by this BBA;
- Report, in writing, to covered entity any use or disclosure of PHI not provided for by this BBA of which it becomes aware, including breaches of unsecured PHI as required at 45 CFR Section 164.410, and any Security Incident of which it becomes aware, without unreasonable delay and in no case later than three (3) days after discovery;
- Breach notifications to individuals, The HHS Office for Civil Rights (“OCR”), and potentially the media, will be handled by the CE. BA agrees to pay the actual costs of CE for such notifications, as long as the nature of the breach has been determined to have been caused by the BA or BA’s Subcontractor(s).
- In accordance with 45 CFR Sections 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of the BA agree to the same or more stringent restrictions, conditions, and requirements that apply to the BA with respect to such information;
- Make available PHI in a designated record set to the CE for inspection and copying within five (5) days of a request by CE to enable CE to fulfill its obligations under 45 CFR Section 164.524;
- Make any amendment(s) to PHI in a designated record set as directed or agreed to by the CE pursuant to 45 CFR Section164.526, within thirty (30) days of receipt of a request from the CE or take other measures as necessary to satisfy CE’s obligations under 45 CFR Section164.526;
- Maintain and make available, within thirty (30) days of notice by CE or a request, the information required to provide an accounting of disclosures to the CE as necessary to satisfy CE’s obligations under 45 CFR Section164.528;
- To the extent the BA is to carry out one or more of CE's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the CE in the performance of such obligation(s); and
- Make its internal practices, books, and records available to CE and the OCR for purposes of determining compliance with the HIPAA Rules.
- To mitigate, to the extent practicable, any harmful effect that is known to BA of a use or disclosure of PHI in violation of the requirements of this BBA and shall cooperate with CE in the mitigation process.
- To acknowledge and agree that it shall have no ownership rights with respect to the PHI.
- To the extent that BA is to carry out one or more covered obligations under the Privacy Rule, Security Rule, Breach Notification Rule, and any and all other applicable state and federal laws and regulations.
- PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE
- BA may only use or disclose PHI for the sole purpose of performing BA’s obligations as directed by CE and as permitted under this BAA.
- BA may use or disclose PHI as required by law.
- BA agrees to make uses and disclosures and requests for only the minimum amount of PHI necessary to accomplish the purpose of the request, use or disclosure.
- BA may not use or disclose PHI in a manner that would violate Subpart E of 45 CFR Part 164 if done by CE, except for the specific uses and disclosures set forth in paragraphs 5 and 6 below.
- BA may disclose PHI for the proper management and administration of BA or to carry out the legal responsibilities of the BA, provided the disclosures are required by law, or BA obtains reasonable written assurances from the third party to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the third party, and a written agreement from the third party is in place outlining that the third party immediately notifies BA of any instances of which it is aware in which the confidentiality of the information has been breached.
- BA may provide data aggregation services relating to the health care operations of the CE.
- BA shall not (a) use or disclose PHI for fundraising or marketing purposes, except as provided in a separate contract between CE and BA, and consistent with the requirements of 42 U.S.C. Section 17936; (b) shall not disclose PHI to a health plan for payment or health care operations purposes if the patient has requested this special restriction and has paid out of pocket in full for the health care item or service to which the PHI solely relates, 42 U.S.C. Section 17935(a); and (c) shall not directly or indirectly receive remuneration in exchange for PHI, except with the prior written consent of CE and as permitted by the HITECH Act, 42 U.S.C Section 17935 (d)(2); however, this prohibition shall not affect payment by CE to BA for services provided at the direction of CE.
- BA shall not use PHI to create de-identified Health Information in accordance with 45 CFR Section 164.514(b) for purposes unrelated to this BBA without prior written approval of CE.
- PROVISIONS FOR COVERED ENTITY TO INFORM BUSINESS ASSOCIATE OF PRIVACY PRACTICES AND RESTRICTIONS
- CE shall notify BA of any limitation(s) in the notice of privacy practices of CE under 45 CFR Section 164.520, to the extent that such limitation may affect BA’s use or disclosure of PHI.
- CE shall notify BA of any restriction on the use or disclosure of PHI that CE has agreed to or is required to abide by under 45 CFR Section 164.522, to the extent that such restriction may affect BA’s use or disclosure of PHI.
- TERMINATION
- Material Breach. If either Party (CE or BA) knows of a pattern of activity or practice of the other Party that constitutes a material breach or violation of the BAA, or other arrangement, then the non-breaching Party shall provide written notice of the breach or violation to the other Party that specifies the nature of the breach or violation. The breaching Party must cure the breach or end the violation on or before thirty (30) days after receipt of the written notice. In the absence of a cure reasonably satisfactory to the non-breaching Party within the specified time frame, or in the event the breach is reasonably incapable of cure, then the non-breaching Party may do the following: (a) if feasible, terminate the arrangement; or (b) if termination of the arrangement is infeasible, report the issue to the Secretary of the HHS.
- Obligations of BA Upon Termination.
- Upon termination of this Agreement for any reason, BA shall return to CE (or, if agreed to by CE, destroy) all PHI received from CE, or created, maintained, or received by BA or its agents or subcontractors on behalf of CE, that the BA or its agents or subcontractors still maintain in any form. BA shall retain no copies of the PHI. BA shall certify in writing to CE that such PHI has been destroyed.
- If return or destruction of said PHI is not feasible, as determined by CE, BA shall continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI other than for those purposes that make the return or destruction of such PHI infeasible.
- Survival. The obligations of BA under this Section shall survive the termination of this Agreement.
- MISCELLANEOUS
- Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable law.
- Assistance in Litigation. BA shall make itself and any subcontractors, employees or agents assisting BA in the performance of its obligations under this BAA or any other arrangements between CE and BA available to CE, at no cost to CE, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against CE, its directors, officers or employees based upon a claim of violation of HIPAA, the HITECH Act, or other laws related to security and privacy, except where BA or its subcontractor, employee or agent is named as an adverse party.
- Indemnification; Limitation of Liability. BA shall defend, indemnify and hold harmless CE, its parent and subsidiary corporations, officers, directors, employees, and agents from any and all claims, inquiries, investigations, costs, reasonable attorneys’ fees, monetary penalties, and damages incurred by CE to the extent resulting directly or indirectly from any acts or omissions of BA, including without limitation breach of this BAA by BA.
- CE shall defend, indemnify and hold harmless BA and its representatives for any and all claims, inquiries, investigations, costs, reasonable attorneys’ fees, monetary penalties, and damages incurred by BA and its representatives to the extent resulting directly or indirectly from any acts or omissions of CE, including without limitation breach of this BAA by CE.
- This provision shall survive the termination of the BAA.
- Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules.
- No Third-Party Beneficiaries. Nothing express or implied in the BAA is intended to confer, nor shall anything herein confer upon any person other than CE, BA and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever.
- Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be deemed given or delivered (a) when delivered personally, against written receipt, (b) if sent by registered or certified mail, return receipt requested, postage prepaid, when received, (c) when received by facsimile transmission, and (d) when delivered by a nationally recognized overnight courier service, prepaid, and shall be sent to the addresses set forth below or at such other address as each party may designate by written notice to the other by following this notice procedure.
- Regulatory References. A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended.
- Authority. The undersigned representative acknowledges and warrants that he/she has the authority to bind the entity BA.
- CE wishes to disclose certain information to BA some of which may constitute Protected Health Information (“PHI”) (as defined in the HIPAA Rules), in connection with BA’s performance of services for CE.
- Governing Law and Dispute Resolution
Futuredontics maintains the Site in California and Subscriber agrees that this Agreement will be interpreted and construed in accordance with the laws of the State of California without reference to its choice of law rules. Any dispute or controversy arising out of or related to this Agreement shall be submitted to binding arbitration in Los Angeles County, California, upon the delivery by one party to the other of a notice specifying the nature of the dispute or controversy and demanding that the matter be sent to arbitration. The arbitrator will be one person who shall be independent of the parties. The arbitrator shall be selected by agreement of the parties to the dispute from the list of proposed arbitrators from JAMS. The arbitration shall be administered by JAMS in Los Angeles County, California pursuant to its Streamlined Arbitration Rules and Procedures then in effect. Judgment on the award may be entered in any court having jurisdiction. Notwithstanding the foregoing, arbitration does not apply and nothing in this Agreement shall prohibit a party from seeking injunctive or other equitable relief. The parties consent to the jurisdiction of such entity, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
- Independent Contractor
The parties are independent contractors, and nothing in this Agreement will be construed to create a joint venture, partnership, or an agency relationship between the parties. Neither party has the authority, without the other party’s prior written approval, to bind or commit the other party in any way.
- Contact Information
If you have any questions or concerns about this Agreement or if you need any further assistance regarding the Services, you may contact us as follows:
Email:support@patientactivator.com
Mail:
Customer Service- PatientActivator
Futuredontics, Inc.
6060 Center Drive 7th Floor
Los Angeles, CA 90045
- Complete Agreement
This Agreement constitutes the parties’ complete agreement as to the subject matter covered by this Agreement and supersedes all prior verbal or written agreements.
- Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
- Captions
Captions herein are for convenience of reference only and do not constitute a part of this Agreement.
- Assignment
Subscriber may not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without Futuredontics’ prior written consent. Any purported assignment, delegation or transfer in violation of this Section 19 is void. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
- Force Majeure
Notwithstanding any of the foregoing and excluding payment obligations, neither party shall be in breach or otherwise liable for events beyond the party’s control (other than events that could have been avoided or prevented by commercially reasonably foresight, planning or implementation), including, but not limited to, an act of God, fire, earthquake, flood or other natural disasters, power failures, acts of government or acts of any third party (each a “Force Majeure Event”). Each party experiencing a Force Majeure Event agrees to promptly notify the other party of the nature and expected duration, if known, of such Force Majeure Event.
- Amendment
Notwithstanding anything in this Agreement to the contrary, Futuredontics shall have the right to unilaterally amend the terms of this Agreement by providing thirty (30) days’ advance written notice to Subscriber. Subscriber’s continued use of the service after such thirty (30)-day period shall constitute Subscriber’s agreement to any such revised terms.
Privacy Policy
ADDITIONAL PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS - CLICK HERE
Your privacy is very important to us. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Please read this privacy policy to learn more about the ways in which we use and protect your personal information.
Overview
The privacy practices of this statement apply to our services available under the domain and subdomains of https://www.patientactivator.com (the "Site"). By visiting this website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Site.
This Privacy Policy describes the information, as part of the normal operation of our services, we collect from you and what may happen to that information. Although this policy may seem long, we have prepared a detailed policy because we believe you should know as much as possible about Futuredontics, Inc.'s practices so that you can make informed decisions. All of our subsidiaries and joint ventures operate under similar privacy practices as described in this Privacy Policy and, subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices throughout the global Futuredontics, Inc. trading community.
By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the Futuredontics, Inc. User Agreement. This Privacy Policy is effective upon acceptance in registration for new registering users, and is otherwise effective on May 1st, 2008 for all users.
Persons under the age of 18
Children (persons under the age of 18) are not eligible to use the Site unsupervised and we ask that children do not submit any personal information to us. If you are under the age of 18, you may only use this Site in conjunction with and under the supervision of your parents or guardians.
Information We Collect.
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience safer and easier. We only collect personal information about you that we consider necessary for achieving this purpose.
In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to use our services, we may require you to provide contact and identity information, billing information, shipping information and other personal information as indicated on the forms throughout the Site. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature.
Under some circumstances we may require some additional financial information, such as, but not limited to: if you are registering using an email account at a free email service, or registering to sell on the Site. We use your financial information, including credit card information to verify the accuracy of your name, address, and other information, as well as to bill you for your use of our services.
We automatically track certain information based upon your behavior on the Site. We use this information to do internal research on our users' demographics, interests, and behavior to better understand, protect and serve you and our community. This information may include the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information, and your IP address.
We use data collection devices such as "cookies" on certain pages of the Site to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session.
If you establish a credit account with us to pay the fees we charge, we collect some additional information, such as a billing address, a credit card number and a credit card expiration date.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.
If you register for Futuredontics, Inc. on another web site or use a web site providing a service for Futuredontics, Inc. or a web site that helps facilitate your activity on Futuredontics, Inc., that web site may provide personal information about you and your transactions back to Futuredontics, Inc..
Our Use of Your Information.
We use your personal information to facilitate the services you request. We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; help promote a positive user experience; collect fees owed; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our User Agreement; and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple User IDs or aliases. We may compare and review your personal information for errors, omissions and for accuracy.
You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize the Site's content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site.
You agree that we may use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications on the notification preferences page. You may make changes to your notification preferences at any time.
Our Disclosure of Your Information.
As a matter of policy, we do not sell or rent any of your personal information to third parties for their marketing purposes without your explicit consent. However, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide our services.
Internal Service Providers for Our Operations. We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of the business, product and service operations that we provide to you (e.g., search technology, discussion boards, bill collection, affiliate and rewards programs, co-branded credit cards) and therefore we may provide some of your personal information directly to these internal service providers. These internal service providers' are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced Futuredontics, Inc. related operation, unless you have explicitly agreed or given your prior permission to them for additional uses. In some instances, the internal service provider may collect information directly from you (such as for Futuredontics, Inc. surveys or for a co-branded credit card). In these cases, you will be notified of the involvement of the internal service provider, and all additional information you provide them and their additional uses will be strictly up to you. If you provide additional information to an internal service provider directly, then their use of your personal information is governed by their applicable privacy policy.
Other Corporate Entities. We share much of our data, including personal information about you, with our subsidiaries and joint ventures that are committed to serving your online needs and related services, throughout the world. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other users. Our subsidiaries and joint ventures follow privacy practices no less protective of all users than our practices described in this document, to the extent allowed by applicable law. Futuredontics, Inc., its subsidiaries, its joint ventures, or any combination of such, will share some or all of your personal information with another business entity should we plan to, merge with, or be acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice in as provided in Section "Notice".
Legal Requests.Futuredontics, Inc. cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you and the Futuredontics, Inc. community from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, UserID history, fraud complaints, and bidding and listing history without a subpoena. Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to: prevent imminent physical harm or financial loss; or report suspected illegal activity. Further, we can (and you authorize us to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Futuredontics, Inc. VeRO Program participants under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
You are responsible for all actions taken with your User ID and password, including fees charged to your account. Therefore we do not recommend that you disclose your Futuredontics, Inc. password to any third parties. If you choose to share your User ID and password or your personal information with third parties, you are responsible for all actions taken with your account and therefore you should review that third party's privacy policy. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password.
Accessing, Reviewing and Changing Your Personal Information.
We offer you the ability to automatically review and change the information you submit to us by logging into the Site and entering in the new information yourself. Generally, we will not modify your personal information based on your request because it is very difficult to authenticate your account manually. You can change your email address, personal information, financial information and user preferences by going the preferences section in My Account. You must promptly update your personal information if it changes or is inaccurate. Once posted, you may not be able to change or remove any public postings made on the Site including our chat rooms or other message areas. Upon your request, we will deactivate your account, contact information, billing information, shipping information, and financial information from our active databases. To make this request, email support@patientactivator.com. Such information will be deactivated as soon as reasonably possible based on your account activity and in accordance with our deactivation policy and applicable law.
We will retain in our files some personal information you have requested to remove to prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement and comply with legal requirements as is permitted by law. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your requests. However, such personal information will be deactivated from public and member viewing and will only be available to select Futuredontics, Inc. personal.
Other Information Collectors.
Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are buyers or sellers on our site or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. Since Futuredontics, Inc. does not control the privacy policies of third parties, you are subject to the privacy policies of that third party. We encourage you to ask questions before you disclose your personal information to others.
Security.
Your information is stored on Futuredontics, Inc.'s servers located in the United States. We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, including encryption, firewalls and Secure Socket Layers. We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company. However, "perfect security" does not exist on the Internet.
Privacy Tools.
It is our goal to make our privacy practices easy to understand. We have created easy-to-read summaries, privacy principles, a privacy chart and, are working on privacy enhancing technology to help summarize our full privacy policy. If you have questions about any part of this summary or if you would like more detailed information, we encourage you to review our full privacy policy.
Notice.
We may amend this Privacy Policy at any time by posting the amend terms on the Site. All amended terms shall automatically be effective immediately after they are initially posted on the Site. In addition, we will notify you in accordance with your Notification Preferences.
Anti-Spam Policy
Futuredontics, Inc. prohibits the use of the Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam"). You may not use any Futuredontics, Inc. services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of Futuredontics, Inc.'s customers. In addition, e-mail sent, or caused to be sent, to or through the Futuredontics, Inc. Services may not:
- Use or contain invalid or forged headers;
- Use or contain invalid or non-existent domain names;
- Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
- Use other means of deceptive addressing;
- Use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party;
- Contain false or misleading information in the subject line or otherwise contain false or misleading content;
- Fail to comply with additional technical standards described below;
- Otherwise violate Futuredontics, Inc.'s User Agreement.
Futuredontics, Inc. does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the Futuredontics, Inc. Services. Futuredontics, Inc. does not permit or authorize others to use the Futuredontics, Inc. Services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses, which are Futuredontics, Inc.'s confidential and proprietary information. Use of the Futuredontics, Inc. Services is also subject to the Futuredontics, Inc. Privacy Policy and the Futuredontics, Inc. Website User Agreement.
Futuredontics, Inc. does not permit or authorize any attempt to use the Futuredontics, Inc. Services in a manner that could damage, disable, overburden or impair any aspect of any of the Futuredontics, Inc. Services, or that could interfere with any other party's use and enjoyment of any Futuredontics, Inc. Service.
If Futuredontics, Inc. believes that unauthorized or improper use is being made of any Futuredontics, Inc. Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Futuredontics, Inc. may immediately terminate any account on any Futuredontics, Inc. Service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the Futuredontics, Inc. Services. Failure to enforce this policy in every instance does not amount to a waiver of Futuredontics, Inc.'s rights.
Unauthorized use of the Futuredontics, Inc. Services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
If you have any questions about these Terms please contact Futuredontics, Inc. at support@patientactivator.com.
Recall Reminders
PatientActivator reminds your patients about their recare/recall visits.Patients who have not been in the practice in six months (and who do not have a future appointment scheduled) are notified that they are overdue for a checkup and encouraged to schedule an appointment. Notifications can be delivered via e-mail, text message or phone.
Features:
Our optional phone reminders can also include a personal greeting recorded in your voice.
Send a Sample Message
See how your patients will experience your PatientActivator communications.
Dormant Patient Reactivations
PatientActivator reactivates patients your office has not seen in the last 12 months.First, we determine if any of your dormant records are patients you no longer wish to see for any reason. Then we automatically send customized messages to all your dormant patients by e-mail, text message or phone.
Features:
Our optional phone reminders can also include a personal greeting recorded in your voice.
Send a Sample Message
See how your patients will experience your PatientActivator communications.
Birthday Greetings
PatientActivator automatically sends your patients personalized birthday wishes via e-mail or text message.Features:
Our optional phone reminders can also include a personal greeting recorded in your voice.
Send a Sample Message
See how your patients will experience your PatientActivator communications.
Newsletters
PatientActivator delivers customized digital newsletters to your patients.Simply select the articles and the dates you’d like the newsletter to be delivered. Newsletters can also be scheduled for an entire year in advance, so you can have regular communication with your patient base.
Features:
Send a Sample Message
See how your patients will experience your PatientActivator communications.
MicroSite
Your PatientActivator service comes free with a personalized web page that promotes your practice directly on search engines such as Google, Yahoo, Bing and more.Your customized 3-page site will be hosted on NationalDentalReviews.org – a domain that conveys credibility and is attractive to consumers. PatientActivator automatically populates your personalized web page with reviews from your patient surveys to improve your online reputation and Web presence.
Features:
Campaigns
PatientActivator lets you create custom marketing campaigns to send ANY message to ANY group of patients.Design your own e-mails or text messages to promote specials, announce changes to your schedule, introduce a new technology — or anything you can think of. You have complete control over the message design, content and recipient list. We have a library of pre-made templates to choose from, or you can design your own template (if you or someone on your staff is familiar with html).
Features:
Surveys
PatientActivator automatically sends patients a survey the day after their scheduled appointment.Surveys ask patients to share their experience and the results are posted to your MicroSite page to help increase your search engine rankings.
Features:
Compatible Software
Dentists Love Us
I couldn't believe how easy it was to set up and how it just works on its own. Just wanted to say thanks for this great service!
PatientActivator does in 30 seconds what used to take us over 2 hours everyday!
We think your service is the GREATEST! Our partners love it! We love that it saves time when confirming apointments. Thank you for everything.
My practice is more profitable now that we're using PatientActivator. No Question.
Pricing
Less Than Half The Price of Similar Products.Best Industry value
- Appointment confirmations
- Google Optimization
- Online Reputation Monitor
- Phone Notifications (optional add-on)
- $199 Setup Fee
- Call 1-888-463-7468 to learn more
Award Winning Customer Support
Member Services Representatives are available Monday-Friday from 5:30 AM - 5:00 PM PT. Call Us at 1-866-916-5947