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PRIVACY POLICY

We believe in protecting your information in the same way we want ours protected. The participating Dental practices (as defined below) comprising the DenDoc PC/ My Family Dentist Cooperative (as defined below) and its authorized agent including DenDoc PC/ My Family Dentist, Inc.(collectively, “DenDoc PC/ My Family Dentist,” “we” or “us”), encourage you to become familiar with this Privacy Policy and our Terms and Conditions of Use.

This Privacy Policy describes what information we collect about you, how we collect it, how we use it, with whom we may share it, and what choices you have regarding it, on our website (www.myfdsa.com ) . This Privacy Policy is incorporated into and is a part of the Terms and Conditions of Use of our website or our mobile application (“Application”), both controlled by DenDoc PC/ My Family Dentist, (collectively “Site”). We encourage you to become familiar with this Privacy Policy and our Terms and Conditions of Use. By accessing and using the Site, you agree that you have read and understand this Privacy Policy and that you accept and consent to the privacy practices (and any uses and disclosures of information about you) that are described in this Privacy Policy.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Definitions:

  • “Dental Practice” means an independent dental practice, which has entered into an agreement with DenDoc PC/ My Family Dentist, Inc. and is affiliated with the DenDoc PC/ My Family Dentist Cooperative, and listed on the DenDoc PC/ My Family Dentist Site (www.myfdsa.com), which is subject to change from time to time.

  • “DenDoc PC/ My Family Dentist, Inc.” means a management company that has entered into contractual arrangements with Dental Practices and administers the DenDoc PC/ My Family Dentist Cooperative, and is not a professional services corporation and does not provide any dental or other licensed dental or healthcare services.

  • “DenDoc PC/ My Family Dentist Cooperative” means an affiliation of independent family care dental practices, which are managed by DenDoc PC/ My Family Dentist, Inc.

WHAT INFORMATION DO WE COLLECT, AND HOW?

We may collect certain identifying information from or about you in connection with your use of or submissions to the Site, including, but not limited to, your name, address, date of birth, email addresses, health information, health plan (“Plan”) information and credit card number (together, “Collected Information”). Any health information about you will be collected in the course of providing services to you via the Site and telephone consultations. Our use of such health information is governed by our Notice of Privacy Practices. In addition, we may retain the content of, and metadata regarding, any correspondence you may have with us or our representatives, regardless of the mode of communication by which such correspondence was made. This information helps us to improve the Site and the online content, materials, and services that we make available on the Site, and to more effectively and efficiently respond to both current and future inquiries.

As with many other websites, the web servers used to operate the Site may collect certain data pertaining to you and the equipment and communications method that you use to access the Internet and our Site and store it in log files. For security reasons and to confirm the integrity of the Site, we may combine components of these data with Collected Information, which may identify you. Unless otherwise described in this Privacy Policy or our Terms and Conditions of Use, such identifying information will be used solely for our business purposes. In addition, the information we collect may reveal such things as the Internet protocol (“IP”) address assigned to your computer, specific pages that you accessed on the Site or prior to visiting the Site, and the length of time you spent at the Site. We may use this information to help administer the Site and the servers that provide the Site, generate statistical information, monitor and analyze Site traffic and usage patterns, and improve the Site’s content and content delivery, including any online content, materials, and services that we describe or make available on the Site.

Technologies such as: cookies or similar technologies, are used by DenDoc PC/ My Family Dentist, our marketing and analytics partners. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies for remembering user settings and items added to our shopping cart. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

Our Site includes links to other Web sites whose privacy practices may differ from those of DenDoc PC/ My Family Dentist. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Web site you visit.

Our Web site includes widgets, such as Google Maps and embedded video players. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.

In addition, our Site may use a third party web analytics service. These features may record mouse clicks, mouse movements, and scrolling activity as you navigate through the website. This Site does not use the feature to collect any personally identifiable information entered in this website or have the ability to view personally identifiable or health information. Furthermore, we do not track your browsing habits across websites we do not own. Your interactions with these features are governed by the privacy policy of the company providing it.

Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at contact@myfdsa.com . In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

HOW WILL WE USE THE INFORMATION YOU PROVIDE US?

In addition to the uses described above or in our Terms and Conditions of Use, we may use the information that we collect from or about you to analyze and improve the content, materials and services that we make available on the Site, to notify you of changes made to the Site, to evaluate user needs and customize the Site content delivered to you according to those needs, to send you promotional materials that you request from us, and for other legitimate and lawful business purposes. If you contact us for support or assistance, we may use information about you or your system that you provide or that we collect for purposes such as verifying whether your system meets the minimum requirements needed to use the Site and our various services. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may store Collected Information in the United States, or we may transfer it to other countries.

If you wish to subscribe to our promotional emails, we will use your name and email address to send them to you. Out of respect for your privacy, you may choose to stop receiving our promotional emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact us at contact@myfdsa.com.

In the event you and/or your Company choose to post, disclosure, or upload any personal information, including medical and dental information or biometric data, such as photographs or other images, on the Site, you agree that such information shall not be subject to our  Notice of Privacy Practices, and you acknowledge your authority to provide this information and you authorize the further dissemination of this information by any person or party, including DenDoc PC/ My Family Dentist, without your notice or consent.

USING SMS, MMS AND OTHER TEXT MESSAGING?

Some of our services may allow you to receive SMS, MMS or other text message notifications from us (each, a “Text Message”). To the extent you voluntarily opt to have Text Messages from us sent directly to your mobile phone, the following terms apply:

  • In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive the Text Messages from us. You can opt out of receiving any further Text Messages from us by replying “STOP” to any Text Message you receive from us.

  • We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your messages. We may use this information to contact you and to provide the Services you request from us.

  • By providing us with your wireless phone number, you confirm that you want us to send you information that we think may be of interest to you to such phone number, which may include using automated dialing technology to send you Text Messages at the wireless number you provided.

  • We may collect Personal Information when you communicate with us. For example, if you choose to send us Personal Information by sending us an email, completing a survey or contacting our customer service department, we will keep a record of that communication and may collect and use Personal Information that you provide to us in accordance with this Privacy Policy. If we communicate with you via email, SMS, MMS or other text message (“Text Message”) or push notifications (to the extent you permit us to do so), we may collect information regarding such communications, such as confirmation when you open an email, read a Text Message or receive a push notification. We use this information for purposes such as to operate and improve our Services, including our customer service, or as otherwise permitted by this Privacy Policy. If you opt to have promotional offers from us sent to your mobile device, we may send you Text Messages regarding such promotional offers to the telephone number you provided to us. To opt out of receiving promotional Text Messages from us, reply “STOP” to any such message.

WITH WHOM DO WE SHARE THE INFORMATION WE COLLECT?

We will share your personal information with third parties only in the ways that are described in this privacy policy or the Notice of Privacy Practices. We do not sell your personal information to third parties.

We may share Collected Information with our authorized agents in order to provide services to you, and for any other lawful business reasons. If all or part of DenDoc PC/ My Family Dentist is sold, merged, or otherwise transferred to another entity, we may transfer Collected Information to such entity as part of that transaction. You will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information. In certain situations, DenDoc PC/ My Family Dentist, Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

We may disclose Collected Information to the proper authorities if we become subject to a subpoena or court order or if we are otherwise legally required to disclose such information, such as bankruptcy proceedings. We may also use and disclose information about you to establish or exercise our legal rights, to enforce the Terms and Conditions of Use, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

We may provide your personal information to companies that provide services to help us with our business activities. These companies are authorized to use your personal information only as permitted by law and only as necessary to provide these services to us.

WHAT CHOICES DO YOU HAVE?

When corresponding with DenDoc PC/ My Family Dentist or our representatives, or when making a request for information or otherwise interacting with us or others through the Site, you choose what information to supply, what questions or comments to submit, whether you wish to receive further information, and by what method of communication such information should be delivered. Please take care to share only such information as is needed or that you believe is appropriate. You are under no obligation to provide us with personally identifiable information, but without it we may not be able to provide you the products or services you request. You may contact us as indicated below if at any time you would like to ask us about our data collection practices and our information security policy.

Upon request DenDoc PC/ My Family Dentist, Inc. will provide you with information about whether we hold any of your personal information. If your personally identifiable information (“PII”) changes, or if you no longer desire our service, you may correct, update, amend your PII, delete inaccuracies or deactivate your web accessible account by calling us at (855) 996-9337. We will respond to your request within a reasonable timeframe.

HOW DO WE PROTECT INFORMATION COLLECTED ABOUT YOU?

DenDoc PC/ My Family Dentist maintains certain commercially reasonable security measures to protect Collected Information, both during transmission and once we receive it. When you enter sensitive information (such as credit card number) on our site, we encrypt the transmission of that information using secure socket layer technology (SSL). However, the storage and communication of Collected Information can never be completely secure. Hence we do not guarantee that information that you transmit or otherwise supply to us, or any communications conducted on or through the Site, is or will be totally secure. If you become aware of any breach of Site security, this Privacy Policy, or the Terms and Conditions of Use, please notify us immediately.

From time to time, we may change our privacy practices and this Privacy Policy, because of changes in relevant and applicable legal or regulatory requirements, our business practices, or in our attempts to better serve your needs and those of our other customers. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

OUR COMMITMENT TO YOUR PRIVACY

In addition to this Privacy Policy, DenDoc PC/ My Family Dentist provides a Notice of Privacy Practices to everyone who becomes a patient of DenDoc PC/ My Family Dentist through this site. This Notice, sometimes referred to as a “HIPAA Notice,” describes how health information about you may be used and disclosed and how you can get access to this information. In this Notice, we describe the ways that we may use and disclose health information about our patients. This Notice describes your rights as our patient and our obligations regarding the use and disclosure of Personal Health Information (PHI). We encourage you to read this Notice and know your rights. If you would like more information regarding your privacy, please refer to our Notice of Privacy Practices.  The primary obligation for compliance with this policy will be the Dental Practice you selected on the DenDoc PC/ My Family Dentist website.

CONTACT US

We take your privacy seriously. If you have questions, concerns, or feedback regarding the privacy of your personal and health information, you may contact our Privacy Officer at:

DenDoc PC/ My Family Dentist, Inc.
2846 Thousand Oaks Dr.

San Antonio, TX 78232

Email: contact@myfdsa.com
Telephone: (210) 545-1111

If you have a question that is dental in nature, about how our process works, or about service-related issues, please call us at (210) 545-1111 and speak with a patient care specialist.

BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND CONSENT TO OUR PRIVACY PRACTICES AND TO THE USES AND DISCLOSURES OF INFORMATION THAT WE COLLECT ABOUT YOU, AND YOU AGREE TO BE BOUND BY THE Terms and Conditions of Use APPLICABLE TO YOU.

Updated November 27, 2017 DenDoc PC/ My Family Dentist, Inc.
Copyright © 2017 DenDoc PC/ My Family Dentist, Inc.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLYDEFINITIONS:

  • “Dental Practice” means an independent dental practice, which has entered into an arrangement with Smilegivers Professional Corporation/ SmileCare Dental & Braces PC and is affiliates, and listed on the My Family Dentist Site (www.smilecaretexas.com), which is subject to change from time to time.

  • “Smilegivers Professional Corporation/ SmileCare Dental & Braces PC” means a Professional Corporation company that has entered into contractual arrangements with Dental Practices and administers such as My Family Dentist.

DENTAL EMERGENCIES

ELECTRONIC COMMUNICATION IS NOT APPROPRIATE FOR ALL HEALTH ISSUES, ESPECIALLY THOSE OF AN URGENT NATURE, AND Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist MAKES NO GUARANTEE OF ANY PARTICULAR RESPONSE TIME TO AN INQUIRY YOU MAY MAKE. ACCORDINGLY, IF YOU ARE EXPERIENCING A DENTAL EMERGENCY, YOU SHOULD NOT RELY ON THIS WEB SITE FOR ASSISTANCE, BUT SHOULD INSTEAD SEEK APPROPRIATE EMERGENCY DENTAL ASSISTANCE.

CHANGES TO THESE TERMS AND THE SITE

We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services and other materials within the Site (all such materials and any compilation, collection or arrangement thereof, the “Content”).

APP STORE

You acknowledge and agree that the availability of the Application is dependent on the third party websites from which you download the Application, e.g., the App Store from Apple or the Android app market from Google (each, an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the Apple, Inc. Device and Application Terms for the Apple App Store set forth below. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service shall apply.

PURCHASES AND REFUND POLICY

You understand and agree that (i) any purchases or other transactions, or (ii) refunds, exchanges, or cancellations (collectively “Offer”), you enter into through the Site shall be in accordance with the specific terms of the Offer as presented on the Site or subsequent agreements you are required to accept.

PRIVACY POLICY

Information that you provide to us or that we collect about you and your Company through your access to and use of the Site is subject to our Privacy Policy, and any medical and dental information collected about you will be governed by our Notice of Privacy Practices, the terms of each are hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy Policy.  In the event you and/or your Company choose to post, disclosure, or upload any personal information, including medical and dental information or biometric data, such as photographs or other images, on the Site, you agree that such information shall not be subject to our  Notice of Privacy Practices, and you acknowledge your authority to provide this information and you authorize the further dissemination of this information by any person or party, including Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/My Family Dentist, without your notice or consent.

INTELLECTUAL PROPERTY

You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all right, title and interest in and to the Site and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries and that you acquire no ownership interest by accessing or using the Site or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress and trade secrets, and all such rights are the property of Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist or its licensors and content providers.

If you believe that any content available on the Site has been or is being used in a way that constitutes copyright infringement, please follow the steps outlined in our Copyright Policy.

NON-EXCLUSIVE LICENSE TO ACCESS AND USE

You may access and use this Site only for your personal use (or, if accessing the Site on behalf of a Company, only your Company’s own internal use). Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark or other laws. We make no representation that the Site or the Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk and are responsible for complying with applicable local laws.

You may not access, use or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.

RESTRICTIONS ON ACCESS

You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate and complete to the best of your knowledge and belief. Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username, PIN or password; or (b) the breach of any agreement between you and Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.

Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist will retain all rights, including all intellectual property rights, proprietary rights and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.

USER CONDUCT

In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Specifically, in connection with your use of the Site, neither you nor the Company may cause or permit any person to do any of the following:

  • Use the Site or Content for any unlawful purpose;

  • Use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

  • Impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;

  • Use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing or otherwise objectionable information of any kind;

  • Use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and

  • Use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or scheme or other unsolicited commercial communication.

SUBMISSIONS

By disclosing or offering any information to us, including comments, computer files, documents, graphics, suggestions, ideas or other information (each, a “Submission”), either through your use of the Site or otherwise, you authorize Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.

By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness and originality thereof.

SECURITY

Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username, PIN and any password used in connection with your use of the Site. Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist will not be liable for any loss or damage arising from the unauthorized use of your username, PIN or password.

HYPERLINKS

This Site may include hyperlinks to other websites which are not maintained by Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist of those websites or any products or services referred to therein. The terms of use and privacy policies applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist will have no liability for any loss or damage arising from your access or use of any external website. Since Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos or copyrights.

Images of the logo can only be used for linking purposes and can only be made with our express written permission. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using the Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.

USE OF TRADEMARKS

Except for the limited permission to use the logo as set forth in these Terms, you may not, without our express written permission, use any of Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist trademarks or service marks for any other purpose.

DISCLAIMER

The use of this SITE by you and your Company is at your and its sole risk. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist, ITS SHAREHOLDERS, MEMBERS, MANAGERS, ADVISORS, SUPPLIERS, CONSULTANTS, OFFICERS DIRECTORS, EMPLOYEES, AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

As partial consideration for your access to our Site and use of its content, you agree that in no event will Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist, its shareholders, members, managers, advisers, officers, directors, employees or its contractors, suppliers, content-providers and other similar entities, representatives and agents of each of the foregoing (collectively, our “Contractors”), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Site or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive or illegal conduct of other users of the Site or of third parties; or (d) your purchase or use of any goods or services provided by third parties.

Under no circumstances will Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist or our Contractors be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption and claims of third parties) arising out of or in connection with these Terms or the use of the Site or the Content, or the transmission of information to or from the Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist and the Contractors will be limited in accordance with these Terms to the extent permitted by law.

Without limiting any of the foregoing, if Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist or any of the Contractors is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or your use of the Site, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.

INDEMNIFICATION

You agree to defend and indemnify Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist, and our shareholders, members, managers, officers, directors, employees, representatives and agents, against all claims, demands, suits or other proceedings and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, PIN or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.

JURISDICTION

These Terms will be construed and enforced in accordance with the laws of the State of California without regard to choice of law rules. Each of you and your Company submits to personal jurisdiction in California, and any cause of action arising under these Terms or otherwise involving this Site will be brought exclusively in a court in San Francisco, California.

WAIVER OF JURY TRIAL

YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.

MISCELLANEOUS

These Terms Privacy Policy and the Notice of Privacy Practices (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site and the Content.

Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.

These Terms do not confer any rights, remedies or benefits upon any person other than you.

We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.

Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.

Discontinuation of use of this Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.

CONTACT US

Questions regarding the Site or these Terms? Contact us:

Smilegivers Professional Corporation/ SmileCare Dental & Braces PC/ My Family Dentist.
8725 Marbach Road #201

San Antonio, TX 78227
Email: Contact@smilecaretexas.com
Telephone: (210) 495-2222

BY ACCESSING AND USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE APPLICABLE TO YOU.

Updated May 03, 2023
Copyright © 2023 Smilegivers Professional Corporation/ SmileCare Dental & Braces.

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