Last Updated: October 15, 2019
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.
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.
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.
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 firstname.lastname@example.org.
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. CONTACT INFORMATION
For any questions relating to these Terms, please contact ClearChoice at email@example.com.