Dentirate, LLC

Last updated September 14, 2023

Welcome to Dentirate.com!

DentiRate.com is an online platform dedicated to empowering consumers with information and choices for their dental care financing needs. Understanding that dental procedures can be both unexpected and expensive, we offer a comprehensive guide tailored to each individual’s requirements. Our mission at DentiRate.com is not just about connecting patients with financing options; it’s about ensuring that every patient, regardless of their financial situation, can access quality dental care. Through extensive research, user-friendly tools, and partnerships with trusted financial institutions, we are dedicated to making dental healthcare more accessible and affordable for all.

BY USING THIS WEBSITE OR RELATED SERVICES, YOU WARRANT AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS. YOU UNDERSTAND AND AGREE THAT SATISFYING THE ABOVE REQUIREMENTS DOES NOT GUARANTEE THAT YOU WILL RECEIVE SERVICES THROUGH DENTIRATE.COM.

TERMS OF USE

Dentirate, LLC and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (“Dentirate,” “Dentirate.com,” “we,” “us,” “our”) provide its services to you through our website located at www.Dentirate.com or www.portal.Dentirate.com (the “Site”) and through various mobile applications and related technology. These Terms of Use (“Terms of Use”) apply to all Dentirate entities and services, whether in existence now or in the future. Other Dentirate.com websites and services will incorporate these Terms of Use entirely by reference. Collectively, our services, including any new features and applications, and the Site, and any other service provided by us are subject to the following Terms of Use. Dentirate reserves the right, at our sole discretion, to change, alter, or modify any of these Terms of Use at any time and for any reason. If you use our Service after the new Terms of Use are published by Dentirate, you have implicitly accepted all terms in the new Terms of Use.

YOU MUST READ THESE TERMS OF USE CAREFULLY AND UNDERSTAND THEM FULLY, AS THEY INCLUDE AN AGREEMENT TO ARBITRATE AND OTHERWISE DEFINE AND LIMIT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. OUR ARBITRATION AGREEMENT REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT, ANY AND ALL CLAIMS YOU HAVE AGAINST US, TO BINDING AND FINAL ARBITRATION. FURTHER, (1) YOU MAY ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST DENTIRATE ON A PERSONAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO PURSUE RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON A PERSONAL BASIS, AND (3) YOU WILL NOT BE ABLE TO PURSUE ANY CLAIMS AGAINST US THAT WOULD REQUIRE DETERMINATION BY A JURY OR BY ANY COURT OF LAW.

When using some of our services, additional terms will apply to some services provided by Dentirate. These may be posted on the Site from time to time, including, without limitation, the Privacy Policy located at Dentirate.com/privacy (the “Privacy Policy”). All such terms are hereby incorporated by reference into these Terms of Use.

DISCLAIMERS

IT IS IMPERATIVE FOR USERS TO COMPREHEND THAT FINANCING, IN ANY FORM, INHERENTLY CARRIES CERTAIN RISKS. WHEN CONSIDERING FINANCIAL OPTIONS, ESPECIALLY FOR MEDICAL OR DENTAL TREATMENTS, USERS SHOULD BE FULLY AWARE AND INFORMED OF THE POTENTIAL IMPLICATIONS AND CHALLENGES.

Interest rates: many financing options come with interest rates. Over time, these rates can substantially increase the total amount owed. It’s crucial to understand the rate you’re agreeing to and calculate the long-term implications for your financial situation.
Credit implications: engaging in financing can have both positive and negative effects on one’s credit score. Timely repayments can bolster a credit rating, while missed or late payments can harm it, making future borrowing more challenging or costly.
Terms and conditions: every financial agreement comes with terms and conditions. it’s essential to read, understand, and, if needed, consult with a financial advisor about these terms to avoid unexpected consequences.
Potential for debt accumulation: without a clear understanding and plan for repayment, it’s easy for debts to accumulate, leading to a financial strain.
Hidden fees: some financing options might have hidden fees, charges for early repayment, or other costs not evident at the outset. users should be diligent in their research and ask questions to avoid unexpected expenses.
Impact of long-term commitments: some dental or medical treatments might necessitate long-term financial commitments. It’s vital to assess whether such a commitment aligns with your future financial plans and capabilities.

At Dentirate.com, while we strive to provide comprehensive information and guidance on financing options, it remains the user’s responsibility to make informed decisions. We strongly advise all users to do their due diligence, ask questions, and, if possible, consult with financial professionals before committing to any financing option. This proactive approach ensures that users are well-equipped to make decisions that align with their personal and financial well-being.

The site is provided on an as-is and as-available basis. By agreeing to these terms of use, you also agree that your use of the site and/or other services will be at your sole risk. We make no representation regarding the accuracy or completeness of any data used by our algorithms. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to this site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATIONS OF LIABILITY

Dentirate makes no warranty that (i) the service will meet your needs, (ii) the service will be continuous, timely, private, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate, complete, or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

You expressly understand and agree that Dentirate will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data, or other intangible losses (even if Dentirate has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In no event will Dentirate’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid dentirate.com in the last six (6) months, or, if greater, one hundred dollars ($100).

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. If you are unhappy or dissatisfied with any portion of Dentirate’s service or with any of these terms of use, your only remedy is to stop using the Site.

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Dentirate, LLC and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (“Dentirate,” “Company,” “We,” “us,” or “Our”), concerning your access to and use of www.Dentirate.com and/or www.portal.Dentirate.com websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). By accessing the Site or using any of our Services, you are confirming and acknowledging that you have read, understand, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. Dentirate.com reserves all rights, in our sole discretion, to change or modify these Terms of Use for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended to be used or distributed by any person or entity in any jurisdiction or country where such distribution or use would be illegal in any way or would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations such as the General Data Protection Act (EU) (GDRP), Health Insurance Portability and Accountability Act (HIPAA), or the Sarbanes-Oxley Act (SOC). If your use of our service would be subjected to such laws, you should not use this Site. Further, you may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

USER REPRESENTATIONS

The use of our Site and Services indicates agreement that you represent and warrant that: (1) all registration information submitted by you is true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we may, at our sole discretion, suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PRODUCTS/SERVICES

DENTIRATE DOES NOT, AND THE SERVICES ARE NOT INTENDED TO PROVIDE FINANCIAL OR HEALTHCARE ADVICE. DENTIRATE.COM IS NOT A LENDER OR CREDIT BROKER REPRESENTING YOU OR ANOTHER USER.

Dentirate.com offers a technology service and platform through which you access U.S. financial services; platforms that enable you to locate and contact U.S. financial services; discussion forums, community forums, bulletin boards, and review services; and enables you to apply to pre-qualify for certain credit card or loan offers.

CONSUMERS

When a consumer needs financial assistance for their dental procedures, dental care providers facilitate the process by presenting them with an electronic form via the Dentirate.com platform. This form is designed to capture essential details about the consumer’s specific financing needs.

Once the consumer completes and submits this form, Dentirate.com leverages its network of financial institutions and forwards the consumer’s details to the partners for pre-qualification. This step ensures that the consumer is matched with financial products tailored to their need, enhancing the likelihood of approval and minimizing potential financial stress.

Within a short timeframe, our platform aggregates and displays a list of financial products for which the consumer is pre-qualified. This could range from specialized dental loans to specific credit card offers suitable for medical expenses. We ensure that each option is presented, allowing the consumer to compare interest rates, terms, and other vital criteria.

Empowered with this information, the consumer can make an informed choice about their preferred financing option. Upon selection, a seamless integration redirects them to the chosen financial institution’s official website. Here, they can finalize the application process for their credit or loan. This streamlined process not only simplifies financial access for dental procedures but also ensures that consumers receive the best possible financial solutions tailored to their needs.

Dental care providers

Dental care professionals invest significant time and expertise in examining patients and meticulously crafting treatment plans tailored to each individual. Yet, despite their best efforts, many treatments don’t move forward. A major reason is the financial hurdle patients face, combined with a process that often feels cumbersome and intimidating.

By incorporating Dentirate into their workflow, dental care providers can ensure a smoother, more accessible financial journey for their patients. When patients encounter a frictionless experience, from diagnosis to financing, they’re more inclined to commit to and follow through with their treatment plans.

In essence, Dentirate doesn’t just facilitate financial solutions. It enhances the overall patient experience, ensuring that the expertise dental professionals bring to the table culminates in actual treatment rather than potential plans left on paper. By bridging this gap, Dentirate ensures that both providers and patients find success and satisfaction.

Lenders

Lenders partnering with Dentirate enjoy a distinct competitive edge. By receiving applications specifically from consumers who have been pre-screened and are more apt to gain approval, lenders can optimize their processes, reducing both time and resources on less promising leads. This not only boosts their efficiency but also reinforces their position in the market, as a high acceptance rate is often equated with reliability and trustworthiness by consumers.

To further empower our partner lenders, Dentirate offers an intuitive and comprehensive dashboard. This tool allows lenders to delve deep into data analytics, offering insights into how their financial products are faring across diverse geographical regions. Moreover, they can discern patterns or preferences among different dental care providers. Such granularity in data can be pivotal for lenders to refine their strategies, customize their offerings, and target their products more effectively.

As a testament to the value Dentirate brings to the table, lenders compensate us through a Lead Fee. This fee not only acknowledges the quality of leads provided but also the added advantage of market analytics, ensuring that our partners always stay a step ahead in the ever-evolving financial landscape.

NO ENDORSEMENT

Dentirate does not endorse any of the financial institutions; platforms to locate and contact U.S. financial services; credit card or loan offers; and/or any other financial products. We do not conduct background analysis on any of the offered products and are not responsible for any damage or harm resulting from your contracting with any third party. Users of Dentirate are not employees, agents, or otherwise contractors of Dentirate, but are independent people and businesses that want to connect with others.

ADVERTISERS

Like most websites, we allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you admit full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all the rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers or their products or services.

THIRD-PARTY WEBSITES AND CONTENT

Dentirate.com contains links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access a Third-Party Website or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

Any purchases or services provided by Third-Party Websites will be through other websites and from other companies. Dentirate.com takes no responsibility whatsoever in relation to such transactions which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

CERTAIN THIRD-PARTY SERVICES

We are not responsible for the content, functionality, or technological safety of any Third-Party Sites or services to which you link from the Site, or that Dentirate may choose to embed in their websites and applications. If you decide to access any such Third Parties, you do so entirely at your own risk. If you are accessing a Third-Party Site through a link on our Site, you are advised to read the conditions of use and privacy policy of such Third-Party Site before you use such site.

Dentirate.com does not endorse and is not responsible or liable for any Content, data, advertising, products, goods, or services available or unavailable from, or through, any Third-Party Service Provider. By agreeing to these Terms of Use, you are agreeing that should you use or rely on such content, data, advertisement, products, goods, or services, available or unavailable from, or through any Third-Party Service Provider, Dentirate is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Third-Party Service Provider, and any other terms, conditions, representations, or warranties associated with such dealings, are between you and such Third-Party Service Provider exclusively and do not involve Dentirate in any way. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging any Third-Party Service Provider.

Although we take certain steps to examine the credentials of the Third-Party Service Providers listed on our website or whom you may book using our Services, we make no guarantees, warranties, or representations regarding the skills or undertakings of such Third-Party Service Providers or the quality of the job that he or she may perform for you if you elect to retain their services. Dentirate does not check or monitor the license status of any Third-Party Service and recommends that you confirm that each person involved in your transaction is licensed appropriately. Dentirate does not endorse or recommend the services of any particular Third-Party Service Provider. It is entirely up to you to evaluate the Third-Party Service Provider and the Third-Party Service Providers’ qualifications and to enter into a direct contract or otherwise reach agreement with a Third-Party Service Provider. We do not guarantee or warrant any Third-Party Service Provider’s performance on the job, or the outcome or quality of the services performed. Third-Party Service Providers are not employees or agents of Dentirate, nor is Dentirate an agent of any Third-Party Service Provider.

References on our Site to products, services, trademarks, tradenames, design marks, or processes of third parties and/or links to Third Party Sites do not constitute or imply endorsement, sponsorship, or recommendation by us of such third party or its products or services. We assume no responsibility to screen or investigate, and we make no representation concerning the content that third parties submit for publication on the Site. We are not responsible for the content, functionality, or technological safety of Third-Party Sites to which you may link from this Site. If you decide to access any such Third-Party Sites, you do so entirely at your own risk. If you are accessing a Third-Party Site through a link on this Site, you are advised to read the conditions of use and privacy policy of such Third-Party Site before you use such site. Here are the conditions of use and privacy policy of our major partners that you should review:

Alphaeon
1. Terms and Use at https://www.breadfinancial.com/en/terms-of-service.html
2. Privacy Policy at https://www.breadfinancial.com/en/privacy.html

Financial Products: If you decide to contact a bank, lender, financial institution, originator, loan broker, or other financial professional (“Financial Professionals”) through Dentirate’s Site, you hereby authorize Dentirate to provide important account and other user information to the Third-Party Provider. If you include your name, contact information, and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through the Services is not an application for a loan or credit in any way. Dentirate only provides an administrative service to consumers, participating Lenders, and other financial professionals. If a financial professional contacts a consumer, such contacts are made by participating financial professionals and not Dentirate. Any non-binding quotes are not intended to be official loan estimates.

By using these features, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to. Interest rates displayed through the Services are for information purposes only and reflect non-binding customized quotes of the terms a financial professional may offer a borrower fitting a consumer’s anonymous profile. Actual interest rates may vary. Loan approval standards are established and maintained solely by individual Lenders. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit their needs and financial means.

Dentirate: (a) is not a Lender, loan originator, loan processor, or underwriter; (b) does not aid or assist consumers in obtaining loans, solicit consumers or Lenders for loans, offer or negotiate terms of loans; (c) does not take credit or loan applications, make loans or credit decisions or pre-approve consumers for loans; (d) is not an agent of either any consumer or any Lender; (e) does not endorse, refer or recommend any Third-Party Provider; (f) is not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.

Dental Care Providers: Our service facilitates connections between you and Third-Party dental care providers. These encompass a range of professionals in the dental care domain. Should you decide to reach out to any dental care provider via Dentirate – be it through a contact form, request form, or by expressing your interest in establishing contact with a Third-Party Provider (including rate quote requests) – you give Dentirate permission to share the information you submit with that Third-Party Provider. If your request includes identifiable details like your name or contact information, your identity will be revealed to the Third-Party Provider. Dentirate merely offers an administrative function, aiding consumers and participating dental care providers. The decision regarding which dental care provider contacts consumers is solely at the discretion of the dental care provider and not Dentirate.

Dentirate.com: (a) is not a dental clinic or care provider; (b) does not facilitate negotiations of individual contractual terms between service users or dental care professionals; (c) has no say in the approval or rejection of any bid or third-party service; (d) does not act as an agent for either consumers or dental care providers; (e) does not endorse, recommend, or vouch for any Third-Party Provider; (f) bears no responsibility for errors or delays resulting from actions of consumers or any Third-Party Provider; and (g) does not offer clinical advice, diagnoses, or recommendations in any capacity.

USER REGISTRATION

If you want to use some features of Dentirate’s Site and Services, you must create an account (“Account”). You can do this via the Site or through your account with certain third-party social networking services such as Google (each, an “SNS Account”). If you choose the SNS Account option, we will create your Account by extracting personal information from your SNS Account. Your SNS Account may require additional input and information for you to access the full functionality of the Services.

Accurate, complete, and up-to-date information for your Account is important to us, and by using our Services, you agree to update such information, as needed, to keep it accurate, complete, and up to date. If you don’t, Dentirate may suspend or terminate your Account. You should never give your Account password to anyone, and by agreeing to these Terms of Use, you agree to keep your password strictly private, and you agree to notify us of any unauthorized use of your Account. Your Account is your responsibility, and you maintain all responsibility for all activities that occur under your Account, whether you know about or consent to them or not.

SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS

Software and tools available in connection with Dentirate and the transmission of applicable data, if any, are subject to United States export controls. No software may be downloaded from Dentirate or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using Dentirate software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of our service, including as it concerns online conduct and acceptable content.

COMMERCIAL USE

You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use only. Any commercial use of Dentirate, in any way, requires advance, written approval.

INTELLECTUAL PROPERTY RIGHTS

Content, Software, and Trademarks: By using our service, you confirm, understand, and agree that the Service may contain content or features (“Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Dentirate, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Content, in whole or in part.

By agreeing to these terms, you agree that you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Dentirate from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Dentirate, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Dentirate.

The Dentirate.com name and logos are trademarks and service marks of Dentirate (collectively the “Dentirate Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Dentirate.com. Nothing in this Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Dentirate.com Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Dentirate.com Trademarks will inure to our exclusive benefit.

Third–Party Material: Dentirate will not be liable, under any circumstances, or in any way for any content or materials of any third parties (including users). This includes, but is not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. By using our service, you acknowledge that Dentirate.com does not pre-screen content and that Dentirate and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Dentirate and its designees will have the right to remove any content that violates these Terms of Use or is deemed by Dentirate, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service: Regarding the content, data, and/or other materials input or uploaded by a user through the Service (collectively, “User Content”), you represent and warrant that you possess all rights, titles, and interests in such User Content, including all copyrights and intellectual property contained therein. By using our Site and Services, you grant Dentirate and its affiliates a nonexclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service, and the advertising, marketing, and promotion thereof.

You agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service (“Submissions”) provided by you to Dentirate are non-confidential. Dentirate will have the right to the unrestricted use and distribution of these Submissions for any purpose, without attribution or compensation to you.

Dentirate may store User Content and may disclose such content if required to do so by law or in the good faith belief that such storage or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Dentirate, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

RETURN/REFUNDS POLICY

Dentirate.com may, at its own discretion, decide to fully or partially refund any disputed purchases on a case-by-case basis.

PROHIBITED ACTIVITIES

You are solely responsible for all content (e.g., code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials) that you upload, post, publish, or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are illustrative examples of content and/or use that is illegal or prohibited by Dentirate.com. Dentirate.com reserves the right to investigate and take appropriate legal action against any user who, in Dentirate.com’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

Republish material from this Service (including republication on another platform);
Sell, rent, or sub-license material from the Site;
Show any material from the platform in public;
Reproduce, duplicate, copy, or otherwise exploit material on Dentirate.com for any commercial purpose;
Edit or otherwise modify any material on Dentirate.com;
Redistribute material from this Site, except for content specifically and expressly made available for redistribution;
Use Dentirate.com in any way that causes, or may cause, damage to Dentirate.com or impairment of availability or accessibility; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
Use Dentirate.com to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this platform without our express written consent;
Use this platform to transmit or send unsolicited commercial communications;
Infringe any intellectual property or other proprietary rights of any party;
Violate any applicable local, state, national, or international law, or any regulations having the force of law;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
Obtain or attempt to access or otherwise obtain any materials or information through any

means not intentionally made available or provided for through the Service;

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses;
Use the Site to advertise or offer to sell goods and services without Dentirate’s written approval;
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
Engage in unauthorized framing of or linking to the Site;
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Attempt to impersonate another user or person or use the username of another user;
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
Sell or otherwise transfer your profile;
Use any information obtained from the Site in order to harass, abuse, or harm another person;
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
Delete the copyright or other proprietary rights notice from any Content;
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
Use the Site in a manner inconsistent with any applicable laws or regulations; or
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

CALL RECORDING AND MONITORING

You consent to the recording and monitoring, for quality assurance, training, risk management, and/or collection purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties, or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.

USER-GENERATED CONTRIBUTIONS

The Site may allow users to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, reviews, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the site and through third-party websites. As such, any Contributions you transmit are non-confidential and non-proprietary. When you create or post any Contributions, you promise and guarantee that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use;
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use;
Your Contributions are not false, inaccurate, or misleading;
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
Your Contributions do not ridicule, mock, bully, disparage, intimidate, or abuse anyone;
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people;
Your Contributions do not violate any applicable law, regulation, or rule;
Your Contributions do not violate the privacy or publicity rights of any third party;
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; or
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you with areas on the Site or send surveys to leave reviews or ratings. When posting a review, you must comply with the following criteria:

You should have firsthand experience with the person/entity being reviewed;
Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
Your reviews should not contain references to illegal activity;
You should not be affiliated with competitors if posting negative reviews;
You should not make any conclusions as to the legality of conduct;
You may not post any false or misleading statements; and
You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use License: If you access our services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:

Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
Violate any applicable laws, rules, or regulations in connection with your access or use of the application;
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
Use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
Use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or

Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:

The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s Terms of Use;
We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such a Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

NON-TRANSFERABILITY

Except as otherwise permitted under the Terms of Use, benefits under this Agreement may not be sold, transferred, assigned, pledged, attached, or otherwise encumbered. No assignment or transfer of any benefits of this Agreement, including but not limited to sales leads, professional contacts, and/or of the rights represented thereby, whether voluntary or involuntary, by operation of law or otherwise (except to a designated beneficiary, upon death, by will or the laws of descent and distribution), shall vest in any assignee or transferee any interest or right herein whatsoever.

ASSIGNMENT

This Agreement and all of the provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

SITE MANAGEMENT

We reserve the right, but not the obligation, to (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

Dentirate.com cares about data privacy and security for all users. By using the Site, you agree to be bound by our Privacy Policy posted on the Site which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Your Registration Obligations: You may be required to register with Dentirate.com in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by the Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering.

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Dentirate of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Dentirate.com will not be liable for any loss or damage arising from your failure to comply with this Section.

COPYRIGHT INFRINGEMENTS

Dentirate respects the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

DISPUTE RESOLUTION

Binding Arbitration: If the Parties are unable to resolve any Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website – www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los Angeles, California. Except as otherwise provided herein, the Parties may only litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Los Angeles, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually to the full extent permitted by law and that (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

YOU AND DENTIRATE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DENTIRATE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Dentirate is always interested in resolving disputes amicably and efficiently, and all customer concerns can be resolved quickly and to the customer’s satisfaction by emailing a written Notice of Dispute (“Notice”) to customer support at Support@Dentirate.com. A party who intends to seek arbitration must first send the Notice to customer support at Support@Dentirate.com. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Dentirate and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Dentirate may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Dentirate or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Dentirate is entitled.

If a court or the arbitrator decides that any term or provision of the Arbitration provision (other than “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and the Arbitration provision shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of the Arbitration provision shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Use will continue to apply.

Choice of Law; Disputes: These Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Los Angeles County, California for any and all disputes, claims, and actions arising from or in connection with Dentirate and/or these Terms of Use. Dentirate operates the services from its offices in California, and we make no representation that the services are appropriate or available for use in other locations.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless, including Dentirate’s subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

TCPA Consent: DENTIRATE WILL NOT BE LIABLE FOR ANY DATA STORAGE OR TRANSFER CHARGES YOU INCUR FROM YOUR MOBILE DATA/TELEPHONE PROVIDER FOR USING OR ACCESSING OUR SITE OR SERVICES. By using Dentirate.com and agreeing to these Terms of Use, you give consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, agents, and others calling, to any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.

Additional Mobile Technology Requirements: DENTIRATE WILL NOT BE LIABLE FOR ANY DATA STORAGE OR TRANSFER CHARGES YOU INCUR FROM YOUR MOBILE DATA/TELEPHONE PROVIDER FOR USING OR ACCESSING OUR SITE OR SERVICES. If you are accessing our Site and the Disclosures electronically via a mobile device (such as a smartphone or tablet), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the device’s respective “app store”. If you do not have these capabilities on your mobile device, please access our Site through a device that provides these capabilities.

CONSENTING TO DO BUSINESS ELECTRONICALLY: BEFORE YOU DECIDE TO DO BUSINESS ELECTRONICALLY WITH DENTIRATE OR OUR AFFILIATES, YOU SHOULD CONSIDER WHETHER YOU HAVE THE REQUIRED HARDWARE AND SOFTWARE CAPABILITIES DESCRIBED BELOW.

Hardware & Software Requirements: In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported Web browsing software (three most recent versions of Google Chrome, Microsoft Edge or Firefox, Internet Explorer version 11 or higher, or Safari version 10 or higher); and hardware capable of running this software. These requirements are subject to change at any time.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or with respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

Support@Dentirate.com

Terms of Use