Terms Of Use
CLEARCHOICE.COM
TERMS OF USE
Last Updated: October 15, 2019
1. AGREEMENT
The websites located at www.clearchoice.com and each sub-site thereof (collectively the “Site”) are copyrighted works belonging to ClearChoice Management Services, LLC (“ClearChoice”, “we”, and “our”). ClearChoice offers its services, processes your appointment, and completes other tasks you request (collectively, and with all other services provided through the Site, the “Services”) on the Site. Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, each of which will be posted on the Service or Site in connection with such features. All such Additional Terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use (the “Terms”) set forth the legally binding terms for your use of the Site and Services. By accessing or using the Site or Services, you are accepting these Terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES. These Terms incorporate the terms of ClearChoice’s Privacy Policy, located at www.clearchoice.com/legal/privacy-policy/ (the “Privacy Policy”).
2. MODIFICATION OF THESE TERMS OF USE
ClearChoice reserves the right, at any time in our sole discretion, to modify, change, or replace any part of these Terms and any applicable Additional Terms under which the Service is offered, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms changing the “Last Updated” date above. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Service.
3. CONDITIONS OF YOUR USE
A. You may not use the Services unless you are at least eighteen (18) years old.
B. As a condition of your use of the Service, you warrant to ClearChoice that you will not use the Services or any content you provide to the Site (“Content”) for any purpose that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to ClearChoice. In addition, you may not (i) use the Service or Content in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service; (ii) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service; (iii) harvest any information from the Service or Content; (iv) interfere with the proper operation of or any security measure used by the Service or Content; (v) infringe any intellectual property or other right of any third party; (vi) use the Service or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (vii) otherwise violate these Terms or any applicable Additional Terms.
C. You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Content.
4. COPYRIGHTS AND TRADEMARKS
The trademarks, logos, service marks or copyrighted materials displayed on the Site are the property of ClearChoice and/or other parties. Users are prohibited from using any trademark, logo, service mark or copyrighted material for any purpose without the written permission of ClearChoice or such third party which may own the trademarks, logos, service marks or copyrighted materials. Users are prohibited from copying, reproducing, modifying, distributing, transmitting, displaying, publishing, selling, licensing, transferring, creating derivative works or using any information obtained on or through the Site for any commercial or public use.
5. LINKS TO OTHER SITES
The Site may contain links to other Web sites which give you access to third-party material. ClearChoice has no discretion to alter, update, or control the content on such a site accessed through a link. The existence of the link to another site is not an indication of ClearChoice’s affiliation, endorsement, authorization or sponsorship with the linked site and the user should read and be familiar with that site’s terms and conditions. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, third-party sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
6. MEDICAL REPRESENTATIONS
The information appearing on this Site is given on a generalized, generic basis and is not specific to any individual patient’s condition. Information on this Site can be helpful to you to assist in the making of informed decisions about healthcare issues. The use of this Site does not create a physician-patient or provider-patient relationship. This information is not intended to replace a health professional-patient relationship, and you should always consult with a ClearChoice Dental Implant Center professional for diagnosis and treatment of any dental health problems. You should not disregard any advice or treatment from your dental or other healthcare professional based on your interpretation of what you may read on the Site.
7. ACCURACY
Reasonable efforts have been undertaken to ensure that the information displayed on the Site is current; however, ClearChoice does not warrant the accuracy, reliability or completeness of the information.
8. NO WARRANTY
All content and services on the Site, or obtained from a Web site to which the Site is linked are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, noninfringement, security or accuracy. Additionally, ClearChoice expressly disclaims any liability for any damage to or viruses that may infect your computer equipment or other property as you access or browse the Site or download material from it.
9. REGISTRATION
In some instances, ClearChoice offers users access to online registration for certain programs, events, and classes that may request personal information from you including your name, address, telephone number, and email address. We may use your information to send you a confirmation of your registration with our Site, to respond to questions from you, to notify you if there is a problem with any registrations placed, to answer questions you may have posed, or to confirm information that you have provided. By using the Site and providing any such information, you grant ClearChoice the absolute and perpetual right or license to use and share your information or other Content pursuant to our Privacy Policy. Please refer to the Privacy Policy for further information.
10. INDEMNITY
You agree to indemnify and hold ClearChoice (and its subsidiaries, officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services; (b) your Content; (c) your violation of these Terms; or (d) your violation of applicable laws or regulations. ClearChoice reserves 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of ClearChoice. ClearChoice will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE (OR OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50); OR (B) AMOUNTS YOU HAVE PAID CLEARCHOICE IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12. TERM AND TERMINATION
Subject to this Section, these Terms will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or (b) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of these Terms. You understand that any termination of our Services involves deletion of your Content associated therewith.
13. GOVERNING LAW AND DISPUTE RESOLUTION
A. Governing Law and Venue.
These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms or the Site or Services (a “claim”) must be brought in a state court located in Arapahoe County, Colorado or a federal court located in Denver, Colorado, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding, unless such claim is submitted to arbitration as set forth below. Notwithstanding anything to the contrary, ClearChoice may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.
B. Contact ClearChoice First
If a dispute arises between you and ClearChoice, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with ClearChoice regarding our Site or Services by emailing webmaster@clearchoice.com.
C. Alternative Dispute Resolution
For any claim where the total amount of the award sought is less than $10,000 USD, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (i) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (ii) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (iii) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (iv) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
D. Improperly Filed Claims
All claims between you and ClearChoice must be resolved in accordance with this Section 13. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, ClearChoice may recover attorneys’ fees and costs up to $1,000, provided that ClearChoice has notified you in writing of the improperly filed claim and you fail to promptly withdraw the claim. Similarly, should ClearChoice file a claim contrary to this Section, you may recover attorneys’ fees and costs up to $1,000, provided that you have notified ClearChoice in writing of the improperly filed claim and ClearChoice fails to promptly withdraw the claim. The remedies in this subsection will not limit any other remedies that either party may have in law or in equity.
14. USER GENERATED CONTENT
User Submissions: ClearChoice Management Services, LLC. “CCMS” welcomes your comments and submissions. In consideration for CCMS permitting, you to submit your content, including but not limited to images, text, and videos (“User-Generated Content” or “UGC”), to CCMS’s Website, mobile apps, or social media pages (collectively, the “Services”), you hereby acknowledge and agree that upon submission of UGC via the Services, you shall be bound by these Terms of Use. If you do not agree to all terms within the Terms of Use, do not submit UGC to us. By agreeing to these Terms of Use and submitting UGC, you represent and warrant that:
You are at least eighteen (18) years of age and are legally considered an adult in the state or country where you reside;
You own all copyright in the UGC, including the rights to any photograph, image or clip within your UGC;
You have full power and authority to agree to these Terms of Use;
The UGC is your own original creation (i.e., not taken from another website, social media posting, or elsewhere) and does not contain anything that violates the rights of any person or entity;
The UGC does not contain personally identifiable information (e.g., first and last name, addresses, email addresses, contact information or phone numbers, or any other identifiers) or any health information of any individual other than myself. I hereby affirm that by posting the UGC, any information related to my treatment is no longer protected health information;
The UGC does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or CCMS;
The UGC does not contain anything illegal, defamatory, false or misleading, obscene or offensive;
The UGC does not contain any advertising or promotional material or promote any product, service or other commercial activity, other than the product and/or services of CCMS;
The UGC does not contain harmful material such as malware, viruses, time bombs, and other computer programming routines that could damage or interfere with CCMS’s systems, programs, data, or platforms;
You have obtained the consent or permission from any person(s) appearing in the UGC (or owning any rights in the UGC or anything appearing therein) to provide us with the rights to use the UGC as described in these Terms of Use;
Your upload or post of the UGC does not violate any applicable laws or the terms or requirements of the social media platform(s) where you uploaded or posted the UGC;
The Licensed Parties’ (as defined below) use of your UGC as described in these Terms of Use will not violate the rights of any person or entity and will not violate any law;
You confirm and agree that the Licensed Parties’ use of your UGC as described in these Terms of Use does not and shall not require any payment to any person or entity and does not require additional license, authorization, approval or consent by any other person or entity; and
You have read and you agree to comply with all of the terms and conditions in these Terms of Use.
By submitting UGC, you hereby grant to CCMS and its related companies, affiliates (anywhere in the world), agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and their respective retail partners, marketing or public relations agencies, and other third-party service providers (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, freely transferable and sublicensable right to publish, release, exhibit, republish, transmit, modify, distribute, print, post, create derivative works from, and otherwise use your UGC in connection with Licensed Parties’ business and any advertising, sales and marketing activities to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known, with or without your username, real name, image, likeness, voice, descriptions of you, location, or other identifying information, and/or to incorporate them in other works in any form, media or technology now known or developed in the future.
To the extent applicable, you grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location, or other identifying information, including but not limited to your voice, in connection with any use of your UGC in accordance with these Terms of Use.
You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the UGC and the rights you are granting us under these Terms of Use. If requested, you agree to sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us under these Terms of Use. Additionally, you irrevocably and unconditionally waive (and agree not to enforce) all rights in the UGC, including without limitation, any moral rights or equivalent rights which you may otherwise have under any laws now existing, or which become law in the future in any part of the world. You have no right of approval or inspection, and you are not entitled to any compensation.
Whether we choose to use the UGC or not is solely our choice. We have no obligation to use the UGC and we may remove or stop using any UGC at any time, for any reason. Use of the UGC does not imply our endorsement of or any affiliation with you.
You also permit any other users of the Services to access, view, store, re-post, or reproduce your UGC for that user’s personal, non-commercial use. The Licensed Parties will not be required to treat any UGC as confidential, and you grant to the Licensed Parties the right to edit, copy, modify, display, publish and distribute any UGC made available via the Services by you, without compensation to you or any other party submitting the UGC for you. Notwithstanding the right and license, you understand that by merely permitting your UGC to appear on the Services, the Licensed Parties are not publishers of such UGC and are merely functioning as intermediaries to enable you to provide and display UGC. Moreover, the Licensed Parties do not make any representation with respect to, nor do they endorse the accuracy, completeness, timeliness, or reliability of, any UGC displayed, uploaded, linked-to, or distributed by you or any other user.
If you have a material connection to CCMS (such as an employee, agency, sponsored blogger/brand ambassador, compensated influencer, etc.), please be sure to let people know that when you post.
You agree that by using the Services, you are prohibited from and agree you will not post or transmit any of the following:
anything that interferes with or disrupts the Services or operation of the Services;
anything that is vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing, misleading, or false;
unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;
anything that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
anything that harm minors;
anything that impersonates any other person or entity, whether actual or fictitious, or that misrepresent your affiliation with any entity; or
files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Services.
You also agree that by granting the Licensed Parties the right and license to use your UGC, you release the Licensed Parties that use your UGC, from any and all claims, actions or proceedings of any kind, and from any and all damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising out of use of your UGC as contemplated by these Terms of Use or any breach by you of these Terms of Use.
15. CONTACT INFORMATION
For any questions relating to these Terms, please contact ClearChoice at webmaster@clearchoice.com
MOBILE TERMS AND CONDITIONS
Effective Date: 2/2/2023
ClearChoice Dental Implant Centers Alerts
Opt in to receive messages from ClearChoice Dental Implant Centers regarding products, services, and general information about ClearChoice Dental Implant Centers. Opt-in by texting DENTAL to 52032. Message frequency Varies. Message and data rates may apply.
By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.
By signing up, you are confirming you are over the age of 13.
STOP Information
Text STOP to 52032 to stop receiving ClearChoice Dental Implant Centers Alerts messages from ClearChoice (you will receive a confirmation text).
HELP Information
For additional information, text HELP to 52032 or contact 888-546-0895.
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We take your privacy seriously. Please visit www.clearchoice.com/legal/privacy-policy/ to review our privacy policy.