Smiles Delivered Dentistry Terms of Use

Last revision: May 1, 2017

  1. Use of the Site. Smiles Delivered Dentistry, PC. (“SD”, “Smiles Delivered Dentistry”, “Smiles Delivered NYC”, “we”, “us”, or “our”) operates the website located at www.smilesdeliverednyc.com and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site”). We offer dental services (the “Services”) enabling our members (“Members”) to receive dental services with contracted dental professionals (“Treating Providers”). By accessing and using the Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services.
  2. Dental Services. All of the Treating Providers who deliver dental Services through SD are state-licensed independent professionals solely responsible for the services each provides to you. SD does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Treating Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither SD nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Treating Provider via the Services.
  3. Site Content. None of the Site content (other than information you receive from Treating Providers) should be considered medical and/or dental advice or an endorsement, representation or warranty that any particular treatment is safe, appropriate, or effective for you.
  4. Informed Consent.
    • SD delivers on-site, whether in-home, in-office, or in-hotel, dental services to you. You will be asked to complete a medical/dental history form prior to the arrival of the Treating Provider, in which the information is compliant with HIPAA. In the case you choose not to complete the form, we may provide you with a hard copy to complete at the time of the service. However, certain pre-evaluation questions that are necessary to help the Treating Provider better prepare for your service may be asked prior to your scheduled appointment, via call or email. A Treating Provider shall be assigned to you, in which you may choose to decline or request for another Treating Provider based on availability.
    • All Treating Providers are licensed contractors utilizing SD’s booking services and equipment, and are not employees of SD. Any and all issues I may have with regards to the nature of the services performed by the licensed contractor who performs/performed my services shall be issued directly towards the licensed contractor.
    • You may request for the same Treating Provider for subsequent visits based on their availability. However, you may not see them at their own private offices that are not affiliated or arranged by SD. In the case you need further dental treatment, we may make arrangements for follow up care through dental offices affiliated with SD. You may also take your dental records and radiographs to a dentist of your own choice, besides any of the licensed contractors that work under SD.
    • By accepting these Terms of Use, you acknowledge that you understand and agree with the following:
      1. You understand that you agree to complying with the booking services provided.
      2. You understand that the laws that protect the privacy and security of health information apply to on demand mobile on-site services, and have received SD’s Notice of Privacy Practices, which describes these protections in more detail. Electronic communications are directed to your Treating Provider(s) and their supervisees through a secure, encrypted video interface and electronic health record.
      3. If your dental insurance coverage does not include or is not sufficient to satisfy the Services charges in full, you may be fully or partially responsible for payment.
      4. Your Treating Provider may determine if you are not a candidate for the requested treatment upon your evaluation, which will be explained to you. You will not be charged of the full service fee, however, a consultation/evaluation fee will be charged.
    • You can ask any questions you may have to your Treating Provider by contacting SD via email info@smilesdeliverednyc.com or at 1-917-383-0933. If you are experiencing a medical emergency, you should call 911 or go to the nearest emergency room.
  5. Privacy. SD is required to comply with the federal health care privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Treating Provider during your treatment is legally confidential. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Site Privacy Policy and health information Notice of Privacy Practices. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services. Our site and email servers are HIPAA compliant and secure, as guaranteed by our web host. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and SD. SD cannot ensure the security or confidentiality of messages sent by email. However, information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by SD.
  6. User Accounts. When you schedule an appointment on the Site, you are required to enter your name, email address, phone number and certain other information collected by SD (collectively “Account Information”). To schedule an appointment, you must be of legal age. If you are not of legal age to form a binding contract, you may not register to use our Services. However, a person of legal age may register on your behalf. You agree that the Account Information that you provide to us at all times will be true, accurate, current, and complete.
  7. Use of the Services by Children. The Services are available for use by children, but the Member for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.
  8. Access Rights. We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. SD is not responsible for any interactions with Treating Providers that are not conducted through our services.
  9. Fees and Purchase Terms. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing SD with your credit card number and associated payment information, you agree that SD is authorized to immediately invoice your account for all fees and charges due and payable to SD hereunder. Please check with your employer, health/dental plan or agency to determine if any Services will be reimbursed. If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. SD may submit claims on your behalf with your permission, but offers no guarantee that you shall receive any such reimbursement. SD reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. You understand and agree that for Services provided on an appointment basis, you will be responsible for cancellation fees, rescheduling fees and/or missed appointment fee.
  10. Website Links. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
  11. Ownership. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
  12. Trademarks. Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (“Marks“) of SD or other entities. You are not authorized to use any such Marks without the express written permission of SD. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
  13. Termination. You may suspend, refuse or terminate your treatment and/or services at any time by informing SD. You may choose to early terminate your “routine cleaning every 6 months package” at any time by sending an email to info@smilesdeliverednyc.com and informing the administration staff of your request. SD may suspend or terminate your use of the Site for any reason at any time. Subject to applicable law, SD reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, SD will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Treating Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
  14. Right to modify. We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.
  15. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMILES DELIVERED NYC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. You acknowledge and agree that SD does not provide medical advice, diagnosis, or treatment, and is strictly a scheduling platform and infrastructure for connecting patients with independent third party Treating Providers. You acknowledge and agree that the Treating Providers using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all dental-related services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Treating Providers, in their sole discretion, as they deem appropriate.
  16. LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SMILES DELIVERED NYC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
  17. Indemnification. You agree to indemnify, defend and hold harmless SD, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend and hold harmless your Treating Provider(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Treating Provider.
  18. Geographical Restrictions. SD covers a specific geographic location that is accessible for our Treating Providers to deliver their services. In the case an appointment is scheduled outside of our service area, we may decline service by notifying the Member via call or email. No fees will be charged for any undelivered services.
  19. Disclosures. All dentists on the Site hold professional licenses issued by the professional licensing boards in the states where they practice, and hold dental degrees, DDS or DMD, in dentistry. You can report a complaint relating to services provided by a Treating Provider by contacting the professional licensing board in the state where the services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee.
  20. Miscellaneous. These Terms of Use and your use of the Site shall be governed by the laws of the State of New York, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in New York under the rules of the American Dental Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications“) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device or (4) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by canceling or discontinuing your use of the Service. You can opt-out of future Communications through SMS text message by replying “STOP” or by calling SD customer support. No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. SD devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device. Please report any violations of these Terms of Use to info@smilesdeliverednyc.com. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Web site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, SD has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Smiles Delivered Dentistry PC, 30 Central Park S, Suite 2C, New York, NY 10019.