Terms of Use Agreement for Electronic Communications

The University at Buffalo School of Dental Medicine (“UBSDM”) offers optional electronic communication for patients. Electronic communications may include, but are not limited to, email or text messages. Electronic communication can be a useful tool for your dental care, however, it is important that you understand the risks of this form of communication as well as your responsibilities if you decide to participate in this service. By allowing electronic communications with the UBSDM, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not allow electronic communication with the UBSDM.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") regarding electronic communications with the UBSDM. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to electronic communications, the content, products or services provided by or through electronic communications, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted to the UBSDM website, and you should review this Agreement prior to agreeing to electronic communications. This Agreement outlines our practices and our sensitivity to your right to privacy. The UBSDM does not guarantee the availability, or content completeness or accuracy of its electronic communications. The UBSDM reserves the right to discontinue electronic communications at any time for any reason. 

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to electronic communications from the UBSDM are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of UBSDM electronic communications, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed or transmitted through the UBSDM’s electronic communications. The electronic transmission of information or materials does not constitute a waiver of any right in such information and materials. Some of the content transmitted via electronic communications is the copyrighted work of third parties.

Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use electronic communication methods offered by the UBSDM strictly in accordance with this Agreement; (b) to participate in electronic communication methods offered by the UBSDM solely for internal, personal, non-commercial purposes; and (c) to print out discrete information transmitted by electronic communications solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the UBSDM’s electronic communications or their contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Restrictions and Prohibitions on Use

Your license for participation with UBSDM electronic communications and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the UBSDM electronic communications or any Content and Materials retrieved therefrom; (b) use any materials obtained via the UBSDM electronic communications to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.

Information Does Not Constitute Medical Advice

The UBSDM assumes no responsibility for how you use the information you obtain from the UBSDM via electronic communications. You should consult with your dental care provider regarding your own condition and how the content of electronic communications from the UBSDM may or may not apply to you. Electronic communications are not a substitute for appropriate and timely contact with your health care provider. You should never change or stop any course of treatment prescribed by your health care provider without first consulting him or her.

Accuracy and Integrity of Information

Although the UBSDM attempts to ensure the integrity of all electronic communications, it makes no guarantees whatsoever as to the correctness or accuracy of the information contained therein. It is possible that electronic communications could include typographical errors, inaccuracies or other errors. In the event that an inaccuracy arises, please inform the UBSDM so that it can be corrected. Information disseminated via electronic communication may be changed or updated without notice.

Risks and Limitations of Electronic Communication

The UBSDM will use reasonable means to protect the security and confidentiality of information transmitted via electronic communication, however, it is important that you are aware of the inherent risks and limitations of this form of communication. Electronic communications present the risks of breach of privacy or confidentiality, difficulty validating the identity of parties and potential delays in response. Electronic communications may be misdirected, which increases the risk of receipt by unintended or unknown recipients. Back-up copies may be stored on a computer system even after the sender or recipient have deleted copies of electronic communications.  Electronic communications may also inadvertently introduce malware into a computer system, which could damage or disrupt the computer, network or security settings. 

Minor Eligibility

An individual must be age 18 or older to agree to electronic communications with the UBSDM. Parents or legal guardians of minor patients may request to receive electronic communications regarding the minor patient by following the terms outlined in the "Proxy Access to Electronic Communications" section of this Terms and Conditions statement.

Proxy Access to Electronic Communications

UBSDM patients age 18 or older who have medical decision-making capacity may request that electronic communications be provided to another adult individual (“proxy”) by completing the UBSDM Authorized Representative Form and submitting it to the UBSDM.

Legally authorized decision-makers of adult patients who lack medical decision-making capacity may request electronic communications by completing the UBSDM Authorized Representative Form and submitting it to the UBSDM.

The UBSDM reserve the right to revoke proxy access at any time for any reason.

Privacy of Your Healthcare Information

The privacy of patients’ healthcare information is protected by state and federal laws including the Health Insurance Portability and Accountability Act (HIPAA). If you have questions or wish to learn more about the privacy and security of your protected health information at UBSDM, view UBSDM Patient Rights, Responsibilities and Privacy Information.

Governing Law

This Agreement shall be governed by New York law notwithstanding any conflicts of law provisions to the contrary.