Terms of service

Terms of Use

Use of the Dental Rite websites ("website") is subject to your adherence to the following terms.

Welcome to the website, sponsored by Dental Rite, Inc. ("Dental Rite"). Please review the following terms and conditions concerning your use of the website. By accessing, using or downloading any information and/or materials from the website, you agree to follow and be bound by these terms and conditions (the "Terms of Use"). If you do not agree with these Terms of Use, you may not use this website. This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

The terms "you," "your," and "yours" refer to you, the visitor to or user of the website. The terms "Dental Rite," "we," "us," and "our" refer to Dental Rite.

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1. Medical Disclaimer
   

   All information contained on this website, including information relating to orthodontic, dental, medical and health conditions, and products and treatments, is for informational purposes only. This information should not be considered complete and is not intended to be used in place of a patient visit, call, consultation or advice of an orthodontist, dentist or medical professional, or any information contained on or in any product packaging or labels. Information obtained by using the website is not exhaustive and does not cover all orthodontic or dental procedures or treatments. The information on this website and any link to other sites is for informational purposes only and is not intended to provide medical advice for any specific medical condition you may have. This website does not create a doctor/patient relationship.
   
   

2. Use of the Website’s Content
   

   2.1 Subject to these Terms of Use, we grant to you a limited, personal, revocable, non-exclusive, non-transferable license to use the website for your personal use and not for resale or further distribution.
   
   2.2 By visiting and using the website, you represent to us that you are at least 13 years old. Further, by visiting and using the website, you represent to us that, if you are under the age of majority in your state (i.e., if you are a minor), you have consent from a parent or legal guardian to do so, and that your parent or legal guardian has read and agreed to these Terms of Use. IF YOU ARE UNDER THE AGE OF 13, DO NOT USE THE WEBSITE. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR STATE (I.E., IF YOU ARE A MINOR), DO NOT USE THE WEBSITE WITHOUT CONSENT OF A PARENT OR LEGAL GUARDIAN.
   
   2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes use of the website, access to the website or any of the content accessible through the website. You agree not to copy or post on any networked computer, broadcast in any media, or to use, modify, distribute, publish, transmit or create derivative works of any material found on our website for any public or commercial purposes. You are not permitted to modify any materials from this website in any way.
   
   2.4 Except as expressly provided above, nothing contained in this website will be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Dental Rite or any third party.
   
   

3. User Conduct
   

   You agree to not use the website to:

1. post or transmit any material that is unrelated to the subject matter of the website;
2. violate or solicit the violation of any applicable local, state, national or international law or regulation;
3. violate the rights of any third party, including but not limited to intellectual property rights, contractual rights, and privacy or publicity rights;
4. interfere with or disrupt the website, computer servers or boards accessible through the website;
5. intentionally seek information on, obtain copies of or modify files or other data or passwords belonging to other users without permission; or harvest usernames, e-mail addresses or other personal information for any purpose;
6. impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
7. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
8. promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous;
9. engage in or facilitate the transmission of unsolicited mass mailing or spamming.
   
   
   
4. You agree to not use
   If you do use the website to commit any of the above, Dental Rite may, at its sole discretion, terminate your ability to use the website and prosecute you to the fullest extent allowed by law.
   
   
   
5. Feedback and Content Submission
   Any comments, feedback, information, suggestions, submissions or materials you submit through or related to this website (a "Submission") will be considered non-confidential by Dental Rite. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Dental Rite, have full responsibility for the Submissions, including their legality. By making a Submission, you agree you have the right to do so free of any claims from any third party, and agree to bear sole responsibility and liability for any claims related to such Submission. A user shall not make a Submission unless he/she (and his/her parent or legal guardian) agrees to grant to Dental Rite a worldwide, exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid right and license: (a) to make, have made, use, copy, reproduce, modify and to create derivative works of any Submission, and a non-exclusive right to use the name and likeness of any person mentioned or included in such Submission in connection with any use of the Submission and in connection with any derivative works that may be created from the Submission in any media, software or technology of any kind now existing or developed in the future, including the advertising thereof; (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell, and sell, rent, lease or lend copies of the Submission and derivative works thereof; and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, all without expectation of compensation, other than the right to access and use the website pursuant to these Terms of Use.
   
   
   
6. Modification and Termination of Website
   Dental Rite reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part of it) with or without notice. You agree that Dental Rite shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website. Dental Rite may also make improvements and/or changes in the products, services and/or the programs described in this website at any time without notice. However, Dental Rite disclaims any responsibility to update, improve or change this website.
   
   
   
7. Other Websites and Resources
   Third parties using the website may provide links or access to other websites and resources. Because Dental Rite has no control over such sites and resources, you acknowledge and agree that Dental Rite is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Dental Rite shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or websites available on or through any such site or resource.
   
   
   
8. Privacy
   We may collect registration and other information about you through the website. Our collection and use of this information is governed by our Privacy Notice. The Privacy Notice also explains how your information is used and who has access to it.
   
   
   
9. Disclaimer of Warranties
   YOUR USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND FOR INFORMATIONAL PURPOSES ONLY. DENTAL RITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE WEBSITE AND WEBSITE CONTENT, AND YOU RELY ON THE WEBSITE AND WEBSITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE USE, DOWNLOADING OR ACCESSING OF ANY MATERIAL THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DENTAL RITE OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
   
   
   
10. Limitation of Liability
    DENTAL RITE AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE, AND THEIR OFFICERS, DIRECTORS, SUBSIDIARIES, EMPLOYEES, AFFILIATES, AGENTS, PARTNER, SUCCESSORS AND ASSIGNS (THE RELEASED PARTIES') WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DENTAL RITE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) RESULTING FROM YOUR USE OF THE WEBSITE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE, EXCEEDS THE SUM OF ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, OR SHALL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.
    
    
    
11. Copyright/Intellectual Property Infringement
    Dental Rite respects the intellectual property rights of others, and requires you to do the same. It is the policy of Dental Rite to terminate the access privileges of those who repeatedly infringe the copyright or intellectual property rights of others. If you believe that your work has been posted on the website in a way that constitutes copyright or other intellectual property infringement, please contact Dental Rite at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest; (2) a description of the work that you claim has been infringed, and identification of the URL or other specific location on the website where the material that you claim is infringing is located; (3) your address, telephone number and e-mail address; (4) a statement by you that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf.
    
    Dental Rite
    Attention: Copyright Agent
    
    E-mail:
    support@dentalrite.com
    
    
    
12. Indemnity
    You agree to indemnify and hold Dental Rite, and the Released Parties, harmless from any costs, damages, expenses and liability, including reasonable attorney's fees, arising out of or related to your use of the website or website content, your violation of these Terms of Use, or your violation of any rights of another person or entity.
    
    
    
13. Notices
    Notices to you may be made via e-mail. Dental Rite may also provide notices of changes to these Terms of Use or the website by displaying notices or links to notices to you generally on the website.
    
    
    

14. Legal Disputes
    To the extent you are permitted under these Terms of Use to initiate litigation in a court, both you and Dental Rite agree that all claims and disputes arising out of or relating in any way to the use of the website (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be litigated exclusively in the state or federal courts located in Los Angeles County, CA.
    
    

15. Arbitration Agreement
    THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
    
    15.1 Please read this Arbitration Agreement carefully. It requires that any and all claims between you and Dental Rite relating to use of the website be resolved by binding arbitration or in small claims court or tribunal. This Arbitration Agreement also prevents you from pursuing a class action or similar proceeding in any forum. Arbitration is required if your country of residence enforces arbitration agreements.
    
    15.2 This Arbitration Agreement shall apply, without limitation, to all claims relating to the use of the website that arose or were asserted before, on, or after your first access to or use of the website. You agree that all claims relating to the use of the website will be resolved by binding arbitration, rather than in court, except as otherwise required by law.
    
    15.3 Notwithstanding anything contrary in this Arbitration Agreement, to the extent permitted by applicable law, either you or Dental Rite may: (i) 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); and (ii) apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual.
    
    15.4 The arbitration shall be conducted ADR Services, Inc. according to the ADR Services, Inc. Rules.
    
    15.5 Waiver of Class, Consolidated, and Representative Actions
    TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DENTAL RITE 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, COLLECTIVE, OR REPRESENTATIVE BASIS EXCEPT AS SET FORTH BELOW. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER EXCEPT AS SET FORTH BELOW. In any case in which (i) the dispute is filed as a class, collective, or representative action and (ii) a civil court of competent jurisdiction finds all or part of this Section 15.5 is unenforceable, the class, collective, or representative action must be litigated in a civil court of competent jurisdiction, but the portion of this Section 15.5 that is enforceable shall be enforced in arbitration. The portion of such dispute proceeding in court shall be stayed pending the conclusion of the arbitration. This provision does not prevent you or Dental Rite from settling claims on a class, collective, or representative basis.
    
    15.6 Batch Arbitrations. To the extent permitted by applicable law, to increase efficiency of resolution, in the event of 100 or more similar arbitration demands against Dental Rite, presented by or with the assistance or involvement of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period: (i) the parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch (plus, to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); (ii) claimants’ counsel shall organize and present the batched demands to the arbitration provider in a format as directed by the arbitration provider; (iii) the arbitration provider shall provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch; and (iv) the arbitration provider shall send one set of disclosures per batch and will set up one Arbitration Management Conference per batch. You agree to cooperate in good faith with Dental Rite and the arbitration provider to implement such a batch approach to resolution and fees. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties. Notwithstanding any provision in these Terms of Use to the contrary, batch arbitrations shall take place in Phoenix, AZ or, if the parties mutually agree, by video conference. The parties may also agree to conducting arbitration based on written submissions alone.
    
    
    
16. Modification of Agreement
    We may amend these Terms of Use at any time by posting the amended terms on the website and you are responsible for regularly reviewing these Terms of Use. All amendments shall automatically be effective 30 days after they are initially posted on the website. Your use of the website following the effective date of any modifications shall constitute your binding acceptance of those modifications.
    
    
    
17. General
    These Terms of Use constitute the entire agreement between you and Dental Rite with respect to the website and supersede all prior agreements and understandings between you and Dental Rite. Dental Rite’s failure to enforce any provision of these Terms of Use will not be construed as a waiver of any provision or right. In the event that a portion of these Terms of Use is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Sections 1, 2 (except 2.1), 3, 4, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of these Terms of Use shall survive any termination of the Terms of Use.
    
    If you are a California resident, you may have a copy of these Terms of Use e-mailed to you by sending a letter with your e-mail address and a written request for the Terms of Use to: Dental Rite, Inc., 640 S Hill Street, Suite 557, Los Angeles, CA 90014 Attn: Dental Rite.