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Terms and Conditions Agreements

 

Effective: March 7, 2019.

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND OPENSLOT SOLUTIONS, INC., AN ILLINOIS CORPORATION (“COMPANY”).

SECTION 12 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

By accessing or using the website located at https://www.OpenSlot4U.com/ and https://www.OpenSlotSolution.com/ (“Website”) in any way, downloading, installing or using the Company’s mobile application (“Application”) or any other software supplied by the Company (collectively, with the Application, the “Software”), accessing or using any information, services, features or resources available or enabled via the Website or Software (each, a “Service” and collectively, the “Services”)), clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, or completing the OpenSlot account registration process, you hereby represent that:

(1) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at https://www.OpenSlot4U.com/ and https://www.OpenSlotSolution.com/ or through the Services; (2) you are of legal age in the jurisdiction in which you reside to form a binding contract with Company; and (3) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any company, organization or other legal entity you have named as the user during the OpenSlot account registration process and to bind that company, organization or entity to the Agreement. The terms “you,” “user” and “users” refer to all individuals and other persons who access or use the Website, Software, and/or Services, including, without limitation, any companies, organizations or other legal entities that register accounts or otherwise access or use the Services through their respective employees, agents or representatives. Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Website, the Services, or the Software.

Subject to Section 12(h) of this Agreement, the Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Website, Software or Services at any time, effective upon posting of an updated version of this Agreement on the Website or Software. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

The Company uses a network of independent third-party contractors (Dentists) who provide professional dental services to our users and dental service providers. It is up to each Dentist to provide such dental services. The Dental Service Providers available through our Services (“Dental Service Providers”) also operate independently of the Company. The Company will not assess the suitability, legality or ability of any Dentist or Dental Service Provider. The Company is not responsible for the Dental Service Providers’ preparation, work or safety and does not verify their compliance with applicable laws or regulations. The Company has no responsibility or liability for acts by any third-party Dental Service Provider or Dentist, other than as stated herein.


1. User Representations, Warranties and Covenants
By using the Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. Your participation in using the Services is for your sole, personal or internal business use. When using the Services, you agree to comply with all applicable laws from your home nation, and the country, state and city in which you are present while using the Services.

You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software for your device. The Company reserves the right to terminate your use of the Software and/or Services should you be using the Software or Services with an incompatible or unauthorized device.

By using the Services, you agree that:


  1. (a) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes.

  2. (b) You will not use the Services to cause nuisance, annoyance or inconvenience.

  3. (c) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Dental Service Provider, user or Dentist, unless the Company has given you permission to do so in writing.

  4. (d) You will not copy or distribute the Software or any content displayed through the Services without prior written permission from the Company.

  5. (e) You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.

  6. (f) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.

  7. (g) You are aware that when requesting Services by SMS text messages, standard messaging charges will apply.

  8. (h) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.

  9. (i) You will only use the Services for your own use and will not resell either the Software or Services to a third party.

  10. (j) You will not use the Website or Software in any way that could damage, disable, overburden or impair any Company server, or the networks connected to any Company server.

  11. (k) You will not attempt to gain unauthorized access to any part of the Website and/or to any service, account, resource, computer system and/or network connected to any Company server.

  12. (l) You will not deep-link to the Website or access the Website manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Website or any content on the Website, unless the Company has given you permission to do so in writing.

  13. (m) You will not copy any content displayed through the Services, including but not limited to Dental Service Providers’ menu content and reviews, for republication in any format or media.

  14. (n) You will not conduct any systematic retrieval of data or other content from the Website, Software or Services.

  15. (o) You will not try to harm other Users or the Company, the Website, Software or Services in any way whatsoever.

  16. (p) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Website, Software or Services.

  17. (q) You will not abuse our promotional or credit code system by redeeming multiple coupons at once.


2. User Account
You are the sole authorized User of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account by minors. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify the Company immediately. If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by the Company, or if you have been previously banned from use of the Services.


3. User Content

  1. (a) Patient Content. The Company may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit (“Make Available”) through the Services. You hereby grant the Company a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sub-licenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with the Company’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant the Company a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you.

  2. (b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to the Company through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that the Company has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Company a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.

  3. (c) Ratings and Reviews. To the extent that you are asked to rate and post reviews of Dental Service Providers or other businesses (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by the Company and do not represent the views of the Company or its affiliates. The Company does not assume liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on first-hand experience with the Dental Service Provider or business; (ii) you will not provide a Rating or Review for any Dental Service Provider or business for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Dental Service Provider or business and (iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews, we may exclude such User Content without notice.


4. Intellectual Property Ownership
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the Software and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website, the Software or the Services, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Website, the Software and Services are trademarks of the Company or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Software or the Services.


5. Payment Terms

  1. (a) Prices. You understand that: (a) the prices for menu items displayed through the Services may differ from the prices offered or published by Dental Service Providers for the same menu items and/or from prices available at other third-party websites and that such prices may not be the lowest prices at which the menu items are sold; (b) the Company has no obligation to itemize its costs, profits or margins when publishing such prices; and (c) the Company reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on the Company’s income). Payment will be processed by the Company, using the preferred payment method designated in your account.

  2. (b) No Refunds. Charges paid by you for completed and delivered orders are final and non-refundable. The Company has no obligation to provide refunds or credits, but may grant them, in each case in Company’s sole discretion.

  3. (c) Promotional Offers. The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our Users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We encourage you to check back at our Website periodically if you are interested in learning more about how we charge for the Software or Services.

  4. (d) Fees for Services and Software. The Company may change the fees for our Services as we deem necessary or appropriate for our business.

  5. (e) Referral Program. The Company’s Referral Program Terms and Conditions are available at https://www.openslot4u.com/Help/Referral-Terms/ and https://www.OpenSlotSolution.com/Help/Referral-Terms/(“Program”). Under the Program, the Company offers its registered customers in good standing the opportunity to earn OpenSlot credits as promotional rewards by inviting their eligible friends (each, a “Referred Friend”) to register as new OpenSlot customers and place their initial order through the Service by using a unique referral ID link (“Personal Link”). For each Qualified Referral (as defined in the Program) generated through a User’s Personal Link, the User may receive a credit as specified on the Company’s Referral Program page. You agree we may change the terms and conditions of the Program or terminate the Program at any time.

  6. (f) OpenSlot Pass Subscriptions. ???


6. Third-Party Interactions

  1. (a) Third-Party Websites, Applications and Advertisements. The OpenSlot Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Advertisement, the Company will not warn you that you have left the Company’s Website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of the Company. The Company is not responsible for any Third-Party Websites, Third-Party Applications or any Third-Party Advertisements. The Company provides these Third-Party Websites & Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

  2. (b) App Stores. You acknowledge and agree that the availability of the Application is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that this Agreement is between you and OpenSlot and not with the App Store. OpenSlot, not the App Store, is solely responsible for the Software and the Services, including the Application and the Services, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or the Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You acknowledge that the App Store (and its subsidiaries) are intended third-party beneficiaries of the Agreement and have the right to enforce them.


7. Blank Clause
Left for expansion.


8. Indemnification
You agree to indemnify and hold harmless OpenSlot and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Website, Software or Services; (c) your violation of this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Website, Software or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, Software or Services.

You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Website, Software and/or Services.


9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE WEBSITE, SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE, SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE WEBSITE, SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE WEBSITE, SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.

THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE WEBSITE, SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.


10. Internet Delays
The Company’s Website, Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in the Company’s privacy policy or as otherwise required by applicable law, the Company is not responsible for any delays, delivery failures, or other economic damage resulting from such problems.


11. Limitation of Liability

  1. (a) Cap on Liability. TO THE FULLEST EXTENT OF LAW THE COMPANY’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (a) AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO THE COMPANY IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, AND (b) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF THE COMPANY FOR (a) DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY’S NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR (b) ANY INJURY CAUSED BY THE COMPANY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

  2. (b) Disclaimer of Certain Damages. TO THE FULLEST EXTENT OF LAW THE COMPANY SHALL NOT BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITE, SOFTWARE, OR SERVICES INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY FOOD SERVICE PROVIDER, DASHER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SOFTWARE OR SERVICES, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY THE COMPANY’S FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY.(Minnesota?).


12. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 12 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.

  1. (a) Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services as a consumer of our Services, to any advertising or marketing communications regarding the Company or the Services, to any products or services sold or distributed through the Services that you received as a consumer of our Services, or to any aspect of your relationship or transactions with Company as a consumer of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or the Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.

    CASES HAVE BEEN FILED AGAINST THE COMPANY—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.

    IF YOU AGREE TO ARBITRATION WITH THE COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.


  2. (b) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, General Counsel, at [Address]. The arbitration will be conducted by JAMS in the State of Illinois, under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, the Company will pay them for you. In addition, the Company will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the country where you live or at another mutually agreed location.

  3. (c) Arbitrator Powers. 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 Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and the Company.

  4. (d) Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the Company are instead electing to have claims and disputes resolved by arbitration, except as specified in section 12(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

  5. (e) Waiver of Class or Consolidated Actions. YOU AND THE COMPANY AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor the Company is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 13.

  6. (f) Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor the Company can force the other to arbitrate as a result of this Agreement. To opt out, you must notify the Company in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your OpenSlot username (if any), the email address you used to set up your OpenSlot account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: [email protected] and [email protected]. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us. NOTWITHSTANDING ANYTHING TO THE CONTARY HEREIN, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND THE COMPANY RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES AS A DENTIST. FOR THE AVOIDANCE OF DOUBT, IF YOU ARE A DENTIST, OPTING-OUT OF THE ARBITIRATION AGREEMENT SET FORTH IN THIS SECTION 12 HAS NO AFFECT ON YOUR AGREEMENT TO ARBITRATE DISPUTES COVERED BY YOUR INDEPEDENT CONTRACTOR AGREEMENT WITH THE COMPANY.

  7. (g) Survival. This Arbitration Agreement will survive any termination of your relationship with the Company.

  8. (h) Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if the Company makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to the Company.



13. Exclusive Venue
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and the Company agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Cook County if you are an Illinois citizen or resident, and in the United States District Court for the District in which you reside if you are not an Illinois citizen or resident.


14. Termination
At its sole discretion, the Company may modify or discontinue the Software or Service, or may modify, suspend or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.


15. Procedure for Making Claims of Copyright Infringement
It is the Company’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to the Company by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Website or in the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for the Company’s Copyright Agent for notice of claims of copyright infringement is as follows: General Counsel M.J. Lightfoot, OpenSlot, Inc., 555 Skokie Blvd. Suite 500, Northbrook, IL 60062.


16. General

  1. (a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Software or Services.

  2. (b) Choice of Law. This Agreement is governed by the laws of the State of Delaware consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

  3. (c) Severability. Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

  4. (d) Consumer Complaints. In accordance with Illinois Civil Code § XXX you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Illinois Department of Consumer Affairs by contacting them in writing at [Address], or by telephone at [Address].

  5. (e) Accessing and Downloading the Application from iTunes. The following applies to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):

    1. (1) You acknowledge and agree that (i) the Agreement is concluded between you and the Company only, and not Apple, and (ii) the Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

    2. (2) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

    3. (3) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App Store Sourced Application to you and to the fullest extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between the Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.

    4. (4) You and the Company acknowledge that, as between the Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

    5. (5) You and the Company acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.

    6. (6) You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

    7. (7) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.


    8.  

  6. (f) Notice. Where the Company requires that you provide an e-mail address, you are responsible for providing the Company with your most current e-mail address. In the event that the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, the Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to the Company through the following web form: https://www.OpenSlot4U.com/help/ and https://www.OpenSlotSolution.com/help/. Such notice shall be deemed given on the next business day after such e-mail is actually received by the Company.

  7. (g) Electronic Communications. For contractual purposes, you (1) consent to receive communications from the Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

  8. (h) Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and the Company relating to your work as an employee or independent contractor, including, without limitation, any Independent Contractor Agreement governing your efforts as a Dentist.


17. Contact Information
OpenSlot welcomes your questions or comments regarding the Terms:

OpenSlot, Inc. Chicago, IL

Help Form: https://www.OpenSlot4U.com/help/ and https://www.OpenSlotSolution.com/help/
Telephone Number: (+1) - 312 -815-7808

© 2019 OpenSlot Solutions, Inc. All Rights Reserved.

 

Dentist Privacy Statement



This Privacy Statement was last updated on March 7, 2019.

OpenSlot may collect personal information in connection with your activities as a OpenSlot Dentist, or "Dentist." This Privacy Statement explains how OpenSlot, Inc. ("OpenSlot," "we," "us," or "our") handles your personal information when you visit or use the OpenSlot App web pages, https://OpenSlotSolution.com and https://www.OpenSlotSolution.com/register-account (the "Site"), the Dentist mobile application, and any other website or mobile application that links to this Privacy Statement (collectively, the "Dentist Services").

Please review this Privacy Statement carefully. By using the Dentist Services you consent to the use and sharing of your personal information as described in this Privacy Statement. If you do not agree with these practices, please do not use the Dentist Services, or otherwise provide us with your personal information.

Your access to and use of the Dentist Services are subject to our Terms and Conditions of Use, which define some of the terms used throughout this Privacy Statement. A separate OpenSlot Privacy Statement provides information on how OpenSlot collects and uses customers' personal information, including information you provide to OpenSlot as a customer through the OpenSlot website or mobile application.

Collection of Information


When you use the Dentist Services we may collect or receive information about you.


Information Your Provide Directly

You may provide information to us when you use the Dentist Services, including when you sign up to become a Dentist, authorize a background or driving history check, register as a Dentist, participate as a Dentist, participate in direct deposit, contact us with inquiries, or otherwise access or use the Dentist Services. This information may include your name, email address, phone number, preferred region and city, address, social security number, driver's license number, vehicle and registration information, insurance information, bank and bank account information, including routing and account numbers, order payment information, including expense reimbursement requests, and other information that may identify you.


Information We Collect Automatically

We may receive and store certain information about you and your device(s) automatically when you access or use the Dentist Services. This information may include:

  • Information related to the device you use to access the Dentist Services;

  • The type of web browser and operating system you use to access the Dentist Services;

  • Your IP address;

  • The domain name of your Internet service provider;

  • Your location (see Location Information section, below);

  • The specific pages you visit, content you view, features you use and the date and time of your visits to the Dentist Services; and

  • Your search terms, the website you visited before you came to the Dentist Services, and other clickstream data.


When you participate as a Dentist through the Dentist Services, we may also receive and store information related to your dashes and deliveries, including:

  • Date and time of the sign-up and log-in;

  • Delivery acceptances and declinations and your associated acceptance rate and cancellation rate;

  • The number of Credit and Services you make;

  • The amount of time to complete a Service or Credit;

  • Dash and delivery route information;

  • Payment amounts associated with each Service and Credit;

  • The number of deliveries per dash;

  • Tip amounts;

  • Customer ratings and other feedback; and

  • Your location (see Location Information section, below).





Use of Cookies


We use cookies, web beacons, pixels, and similar technologies ("Cookies") to collect information and personalize your experience with the Dentist Services. Cookies are small web files that a site or its provider transfers to your device's hard drive through your web browser that enables the site's or provider's system to recognize your browser and remember certain information. We use Cookies to improve your convenience, for example, to recognize you when you return to the Dentist Services and to remember information you have already provided. We may also use Cookies to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests. You may disable the use of Cookies by modifying your browser settings. If you choose to disable cookies you may not be able to fully experience the interactive features of the Dentist Services. For more information on Cookies and how to disable Cookies visit www.ftc.gov/ftc/cookies.shtm or www.usa.gov/optout_instructions.shtml.



Use of Information


We may use the information we collect or receive about you to:

  • Process your information when you sign up to become a Dentist, including background and driving history checks;

  • Create your Dentist account and determine whether you may access the platform;

  • Set up your direct deposit, calculate payments owed, and issue payments to you;

  • Allow you to connect to delivery requests;

  • Facilitate the completion of Credits and Services;

  • Verify whether you are present in the city or region in which you intend to dash;

  • Assess whether you have met requirements for promotional or incentive pay programs;

  • Assess supply, demand, and other factors associated with aggregate business progress;

  • Assess activity and acceptance rates, customer ratings, and other factors associated with Dentists’ impact on the OpenSlot platform;

  • Contact you with promotional offerings or other communications that may be of interest to you;

  • Respond to your questions and assist with any problems with the Dentist Services;

  • Link your Dentist account to your OpenSlot account, if you already have a OpenSlot account or if you create one in the future;

  • Personalize the content and features you see when you visit the Dentist Services;

  • Serve advertisements tailored to your interests;

  • Improve the content and functionality of the Dentist Services;

  • Help the Dental Service Providers on our platform improve their offerings;

  • Better understand Dentists’ demographics, interests and behaviors;

  • Enhance other information we have about you to help us better understand you and determine your interests;

  • Provide recommendations to you;

  • Manage our everyday business needs, such as auditing, administration of the Dentist Services, forum management, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Service, or to comply with the law;

  • Calculate the total number of visitors to the Dentist Services and to each page or feature of the Dentist Services.


We may use your information for any other purpose disclosed to you at the time we collect or receive the information, or otherwise with your consent.

Any communication or material you transmit to us via e-mail or otherwise, including any data, questions, comments, suggestions or the like, but not including your personal information and any requests, comments or concerns regarding your personal information, will be treated as non-confidential and non-proprietary.




Location Information


To participate as a Dentist, you must permit the Dentist Services to access location services through the permission system used by your mobile operating system ("Platform") or browser. We may collect the precise location of your device when the Dentist app is running in the foreground or background of your device. We may also derive your approximate location from your IP address. We use your location information to verify that you are present in your preferred region or city when you begin a Service, connect you with delivery opportunities in your zone, and track the progress and completion of your Services and Credits. You can enable the location tracking feature through the settings on your device or Platform or when prompted by the Dentist mobile app. If you choose to disable the location feature through the settings on your device or Platform, OpenSlot will not receive precise location information from your device, which will prevent you from being able to dash and receiving delivery opportunities in your area.



Sharing with Third Parties


To promote the safety and quality of the platform, we may share your information, including your contact information, vehicle information, location information, ratings, and other information with customers and our Dental Service Providers. To help us run our business, we may also share your information, including information that may identify you, information you provide directly, and information we automatically collect, with entities that provide services to us, including third parties that provide payment and direct deposit processing, background and driver history checks, advertising services, web analytics, data processing, IT services, Dentist support and other services. We may also disclose aggregate, anonymous information to these third party service providers.


When Required By Law

We recognize that information related to your activities as a Dentist could contain private information. However, we may be required to disclose your information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of OpenSlot users, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity. We have developed a process that strikes a balance between protecting customer privacy and responding to valid law enforcement requests that can be found at https://www.OpenSlot4U.com/Help/Alert/ and https://www.OpenSlotSolution.com/Help/Alert/.


Corporate Transactions

In the event of sale, transfer, merger, reorganization, dissolution, or similar event we may transfer your information to one or more third parties as part of that transaction.


Accessing and Correcting Your Personal Information


Keeping your personal information current helps ensure that we provide you with the most relevant services. You can access and update your personal information via your Account profile. While we are ready to assist you in managing your registrations, deactivating your account, and removing your active profile and data, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to payments issued to you for financial reporting and compliance reasons. In addition, because of the way we maintain certain services, after you delete certain information, we may temporarily retain backup copies of such information before it is permanently deleted.


Data Retention

We will retain your personal information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

OpenSlot may retain aggregate or anonymized data indefinitely.


Third Party Sites


Some of the functionality on the Dentist Services may be provided by third parties that are not affiliated with OpenSlot. These entities may collect or receive certain information about your use of the Dentist Services and your activities over time and across different websites, including through the use of cookies, web beacons, and similar technologies. For example, we use services like Google Analytics to help us see traffic patterns on the Dentist website. OpenSlot is not responsible for the privacy practices of these entities. In addition, the Dentist Services may contain links to other websites not operated or controlled by OpenSlot. Such websites are not under our control and we are not responsible for their privacy policies or practices. If you provide any personal information through any such third party website we recommend that you familiarize yourself with the privacy policies and practices of that third party.




Social Networking


The Dentist Services may enable you to access social networking services such as Facebook, Twitter, or Instagram, among others (collectively, "Social Network") directly or indirectly through the Dentist Services. You may also have the option of posting content to a Social Network when you access content through the Dentist Services. For example, you may refer a friend to become a Dentist via Twitter or Facebook links through the Dentist Services. Keep in mind that your activity on a Social Network is governed by that Social Network and not by OpenSlot, and may be visible or accessible to the public. You may also choose to enable or log in to the OpenSlot app and https://www.OpenSlot4U.com and https://www.OpenSlotSolution.com via a Social Network, as described in more detail in our OpenSlot Privacy Statement. Your Dentist account and information collected through the Dentist Services may, at times, be linked to your OpenSlot customer accounts and any affiliated Social Networks you have enabled via OpenSlot.


Your Choices


If you are a registered Dentist you may access and modify your personal information by logging into the Dentist site using your username and password and visiting the "Account" page. You may disable our ability to use cookies by using the cookie controls in your web browser (see "Use of Cookies" section above).

If we send you marketing emails about services that may interest you, each email will contain instructions permitting you to "opt-out" of receiving future marketing or other communications.
You may also contact us at [email protected] and [email protected] to access, modify or request deletion of your personal information.


Your Illinois Privacy Rights

Pursuant to Section XXX of the Illinois Civil Code, residents of Illinois can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by OpenSlot pursuant to Section XXX of the Illinois Civil Code, please contact us via the email or mailing address provided below. Please allow 30 days for a response.


California Do Not Track Disclosure

OpenSlot does not have a mechanism in place for responding to browser "do not track" signals or other similar mechanisms used to limit collection of information for use in Online Behavioral Advertising.


Referral Program


OpenSlot allows Dentists to invite others to sign up to become Dentists by submitting a name and email address to OpenSlot. If you and/or the person you referred meet certain criteria, we may offer a promotional value when someone becomes a Dentist through your referral link or a referral number provided by OpenSlot. When you sign up to become a Dentist, you may also enter the phone number of the Dentist who referred you to the sign up page. By choosing to provide another individual’s name, phone number or email address, you represent that you have received consent to provide his or her name, phone number or email address to us. OpenSlot will use that information to send an email inviting him or her to visit the site and will store that information to track the success of the referral program.


International


OpenSlot is based in the United States and, regardless of where you use the Dentist Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using the Dentist Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.


Security


OpenSlot has implemented commercially reasonable administrative, technical, and physical security controls that are designed to safeguard personal information. However, no online activity is ever fully secure or error-free. Therefore, OpenSlot does not guarantee that your personal information is absolutely secure. Please keep this in mind when disclosing any personal information or other information to OpenSlot.

You are responsible for safeguarding your username and password.


Changes to The Dentist Privacy Statement


The Dentist Services may change from time to time. As a result, we reserve the right to update or modify this Dentist Privacy Statement at any time and from time to time without prior notice. If we make any material changes to the way we use or disclose your personal information, we will notify you via email, at the email address you have provided to us. If you object to any changes you must cease using the Dentist Services. Please review this Dentist Privacy Statement periodically by visiting this webpage. This Dentist Privacy Statement was last updated on the date indicated at the top of this page. Your continued use of the Dentist Services after any changes or revisions to this Dentist Privacy Statement indicates your agreement to the terms of the revised Dentist Privacy Statement.


Contact Us


If you have any questions or concerns relating to this Dentist Privacy Statement or our privacy practices please contact us at:

Email Address: [email protected] and [email protected]


OpenSlot, Inc

Attention: Privacy Chicago, IL

Privacy Policy



This Privacy Statement was last updated on March 7, 2019.

OpenSlot may collect personal information to help you place and receive delivery orders and to improve the OpenSlot service. This Privacy Statement explains how OpenSlot, Inc. (“OpenSlot,” “we,” “us,” or “our”) handles your personal information when you visit or use https://www.OpenSlot4U.com and https://www.OpenSlotSolution.com (the “Site”), the OpenSlot mobile application, and any other website or mobile application that links to this Privacy Statement (collectively, the “Services”).

Please review this Privacy Statement carefully. By using our Services you consent to the use and sharing of your personal information as described in this Privacy Statement. If you do not agree with these practices, please do not use the Services, or otherwise provide us with your personal information.

Your access to and use of our Services are subject to our Terms and Conditions, which define some of the terms used throughout this Privacy Statement. Dentists should refer to the Dentist Privacy Statement for information on how OpenSlot collects and uses Dentists’ personal information.


Collection of Information


When you use our Services we may collect or receive information about you.

Information You Provide Directly

You may provide information to us when you use our Services, including when you register with OpenSlot, search within or place orders through our Services, contact us with inquiries, respond to surveys, or otherwise access our Services. This information may include your name, email address, phone number, delivery address, and payment information, including credit card information and billing address used to complete the purchase transaction, and other information that may identify you. When you place an order through our Services we collect information related to that order, including the products or services purchased, and the date and time of the purchase and delivery. You may also choose to provide ratings for your Dentist and for the Dental Service Provider you ordered from.

Information We Collect Automatically

We also may receive and store certain information about you and your device(s) automatically when you access or use our Site and Services. This information may include:

  • Information related to the device you use to access our Services;

  • The type of web browser and operating system you use to access our Services;

  • Your IP address;

  • The domain name of your Internet service provider;

  • The specific OpenSlot pages you visit, content you view, features you use and the date and time of your visits; and

  • Your search terms, the website you visited before you came to our Services, and other clickstream data.


Use of Cookies


We use cookies, web beacons, pixels, and similar technologies (“Cookies”) to collect information and personalize your experience with our Services. Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information. We use Cookies to improve your convenience, for example, to recognize you when you return to OpenSlot and to remember information you have already provided, such as items already in your order cart. We also use Cookies to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests. You may disable the use of Cookies by modifying your browser settings. If you choose to disable cookies you may not be able to fully experience the interactive features of our Services. For more information on Cookies and how to disable Cookies visit www.ftc.gov/ftc/cookies.shtm or www.usa.gov/optout_instructions.shtml.


Use of Information


We may use the information we collect or receive about you to:

  • Connect your orders to a Dentist and complete your Services;

  • Complete your purchase transactions;

  • Contact you in connection with your orders and deliveries;

  • Contact you with promotional offerings or other communications that may be of interest to you;

  • Respond to your questions and assist with problems with our Services;

  • Personalize the content and features you see when you visit our Services;

  • Serve advertisements tailored to your interests;

  • Improve the content and functionality of our Services;

  • Help the Dental Service Providers on our platform improve their offerings;

  • Better understand our users’ demographics, interests and behaviors;

  • Enhance other information we have about you to help us better understand you and determine your interests;

  • Provide recommendations to you;

  • Manage our everyday business needs, such as auditing, administration of our Services, forum management, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Service, or to comply with the law;

  • Calculate the total number of visitors to our Services and to each page or feature of our Services.


We may use your information for any other purpose disclosed to you at the time we collect or receive the information, or otherwise with your consent.

Any communication or material you transmit to us via e-mail or otherwise, including any data, questions, comments, suggestions or the like, but not including your personal information and any requests, comments or concerns regarding your personal information, will be treated as non-confidential and non-proprietary.


Location Information


When you use the Services, we may collect precise location data about the progress of your order from the OpenSlot app used by the Dentist. If you permit the Services to access location services through the permission system used by your mobile operating system (“Platform”) or browser, we may also collect the precise location of your device when the OpenSlot app is running in the foreground or background of your device while we are processing your order. We may also derive your approximate location from your IP address. We use your location information to provide more accurate deliveries of your orders. You can choose whether to enable the location tracking feature through the settings on your device or Platform or when prompted by the OpenSlot mobile app. If you choose to disable the location feature, the Dentist will not receive precise location information from your device, which may compromise the accuracy of deliveries in some situations, for instance, if you are located in a large area, such as a park.


Sharing with Third Parties


To help us run our business, we may share your information, including your contact information, ratings, other information you provide directly, and information collected automatically, with entities that provide services to us, including third parties that provide payment processing, advertising services, web analytics, data processing, IT services, customer support and other services. To help provide you with a high quality delivery we also may share your information, including your personal information, with the independent contractor Dentists, who complete your requested deliveries. Similarly, we may share your name, phone number, order information, customer feedback and other information related to your orders with OpenSlot Dental Service Providers. We may also disclose aggregate, anonymous information to these third party service providers.


When Required By Law

We recognize that information related to your orders could contain private information. However, we may be required to disclose your information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of users of our Services, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity. We have developed a process that strikes a balance between protecting customer privacy and responding to valid law enforcement requests that can be found at https://www.OpenSlot4U.com/Help/Alert/ and https://www.OpenSlotSolution.com/Help/Alert/.


Corporate Transactions

In the event of sale, transfer, merger, reorganization, dissolution, or similar event we may transfer your information to one or more third parties as part of that transaction.


Accessing and Correcting Your Personal Information


Keeping your personal information current helps ensure that we provide you with the most relevant offers. You can access and update your personal information via your Account profile. While we are ready to assist you in managing your subscriptions, deactivating your account, and removing your active profile and data, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases through our Services for financial reporting and compliance reasons. In addition, because of the way we maintain certain services, after you delete certain information, we may temporarily retain backup copies of such information before it is permanently deleted.


Data Retention

We will retain your personal information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

OpenSlot may retain aggregate or anonymized data indefinitely.


Third Party Sites


Some of the functionality on our Services may be provided by third parties that are not affiliated with OpenSlot. These entities may collect or receive certain information about your use of our Services and your activities over time and across different websites, including through the use of cookies, web beacons, and similar technologies. For example, we use services like Google Analytics to help us see traffic patterns on OpenSlot.com. OpenSlot is not responsible for the privacy practices of these entities. In addition, our Services may contain links to other websites not operated or controlled by OpenSlot. Such websites are not under our control and we are not responsible for their privacy policies or practices. If you provide any personal information through any such third party website we recommend that you familiarize yourself with the privacy policies and practices of that third party.


Social Networking


You may choose to enable or log in to our Services via various online services, including social networking services like Facebook. Our Services also may enable you to access social networking services such as Facebook, Twitter, or Instagram (collectively, “Social Network”) directly or indirectly through our Services.

When you link a Social Network account to OpenSlot or log into our Services using your Social Network account, we may collect relevant information necessary to enable our Services to access that Social Network and your data contained within that Social Network. We also may share your information with the operator of that Social Network to facilitate or enhance delivery of that Social Network or other services to you. A Social Network may provide us with access to certain information that you have provided to them, and we will use, store, and disclose such information in accordance with this Privacy Statement. Additionally, a Social Network may collect personal information and information about your use of our Site or Services automatically. The manner in which a Social Network collects, uses, stores, and discloses your information is governed by the policies of such third parties and OpenSlot shall have no liability or responsibility for the privacy practices or other actions of any Social Network that may be enabled within our Services.

You may also have the option of posting your activities on our Services and other content to a Social Network when you access content through our Services. For example, you may post to Facebook that you placed an order with OpenSlot. Keep in mind that your activity on a Social Network is governed by that Social Network and not by OpenSlot, and may be visible or accessible to the public.


Your Choices


If you are a registered OpenSlot user you may access or modify your personal information by logging into our Site using your username and password and visiting the “Account” page. You may also contact us at [email protected] and [email protected] to access, modify, or request deletion of your personal information or delete your account. You may disable our ability to use cookies by using the cookie controls in your web browser (see “Use of Cookies” section above).

If we send you marketing emails about services that may interest you, each email will contain instructions permitting you to “opt-out” of receiving future marketing or other communications.


Your Illinois Privacy Rights

Pursuant to Section xxx of the Illinois Civil Code, residents of Illinois can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by OpenSlot pursuant to Section xxx of the Illinois Civil Code, please contact us via the email or mailing address provided below. Please allow 30 days for a response.


California Do Not Track Disclosure

OpenSlot does not have a mechanism in place for responding to browser “do not track” signals or other similar mechanisms used to limit collection of information for use in Online Behavioral Advertising.


Children’s Information


Our Services are not intended for children under 13 years of age and we do not knowingly collect personal information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us please contact us at [email protected] and [email protected]. A parent or guardian of a child under age 13 may review and request deletion of the child’s personal information.


Referral Program


OpenSlot allows users to invite friends to sign up for our Services by submitting a friend’s name and email address to OpenSlot. Sometimes we offer a promotional value for every friend that signs up and places an order through your referral link. By choosing to invite a friend you represent that you have received the friend’s consent to provide his or her name and email address to us. OpenSlot will use that information to send an email inviting him or her to visit the site and will store that information to track the success of the referral program.


International Users


OpenSlot is based in the United States and, regardless of where you use our Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using our Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.


Security


OpenSlot has implemented commercially reasonable administrative, technical, and physical security controls that are designed to safeguard personal information. However, no online activity is ever fully secure or error-free. Therefore, OpenSlot does not guarantee that your personal information is absolutely secure. Please keep this in mind when disclosing any personal information or other information to OpenSlot.

You are responsible for safeguarding your username and password.


Changes to This Privacy Statement


Our Services may change from time to time. As a result, we reserve the right to update or modify this Privacy Statement at any time and from time to time without prior notice. If we make any material changes to the way we use or disclose your personal information, we will notify you by email, at the email address you have provided to us. If you object to any changes you must cease using our Services. Please review this Privacy Statement periodically by visiting this webpage. This Privacy Statement was last updated on the date indicated at the top of this page. Your continued use of our Services after any changes or revisions to this Privacy Statement indicates your agreement to the terms of the revised Privacy Statement.


Contact Us


If you have any questions or concerns relating to this Privacy Statement or our privacy practices please contact us at: [email protected] and [email protected]


OpenSlot, Inc


Attention: Privacy

Chicago, IL