Terms of service
OrthoTech Terms of Use
Please review the following terms of use ("Agreement"), which govern your use of this website, located at drdirectretainers.com and all affiliated subdomains and affiliated URLs (the "Site"), the OrthoTech mobile applications (the "Applications"), and the shopping and other services offered on the Site and the Applications (collectively, the "Services"). Your use of the Site, Applications, and/or registration for any Services will constitute your agreement to comply with the terms of this Agreement. If you cannot agree to and comply with this Agreement and its requirements, please do not use the Applications and Services, and exit the Site. This Agreement is between you on the one hand and OrthoTech, LLC, or its parents, subsidiaries, related entities, or affiliates, or affiliated dental professionals (collectively "Company") on the other. The terms "we", "us" or "our" shall refer to the Company. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, has access to your account, or uses the Site, Applications, or Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Please read this agreement carefully. This Agreement contains a mandatory arbitration provision and provisions that govern how claims that you and we have against each other—including, but not limited to, relating to the Site and Services—are resolved. Specifically, the arbitration provision (with limited exception for proceeding in small claims court) requires disputes between us to be submitted to binding and final arbitration on an individual basis, rather than jury trials or class actions.
Privacy Policy
In addition to reviewing this Agreement, you should also read our Privacy Notice to better comprehend how we collect and use your personal information. Your use of the Site and Applications constitutes your agreement to the terms and conditions of the Privacy Notice.
Changes to Agreement and Additional Rules of Usage
The Company reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the Site and Applications, and use of the Services by you, will constitute your acceptance of any changes or revisions to the Agreement.
The Company also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site and/or Applications, which may be posted in the relevant parts of the Site and Applications and will be clearly identified. Your continued use of the Site and Applications constitutes your agreement to comply with these additional rules.
Suspension or Termination of Your Use
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to the Company's other remedies. The Company further reserves the right to terminate, without notice, any user's access to or use of the Site and Applications for any reason.
Ownership of the Site and Applications and Site and App Information
The Site and Applications are expressly owned and operated by the Company. Unless otherwise noted, the design and content features on the Site and Applications, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the "Site and App Information"), are owned by The Company or its affiliates or are licensed from third party service providers by The Company. The Site and Application, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.
Site and App Information is Provided "As Is"
Site and App Information is provided "as is" with all faults. You use the Site and App Information, as authorized herein, at your own risk. Site and App Information may contain errors, omissions, or typographical errors or may be out of date. The Site and Applications may change, delete or update any Site and App Information at any time and without prior notice. We reserve the right to limit the availability of the Services, Site, App Information, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other items provided.
Use of the Service By You; User Responsibilities
You may view and use the Site and App Information only for your personal information, treatment tracking and management, and for shopping and ordering on the Site. Except as set forth in this Agreement, the Site and Applications do not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site and App Information. Your right to use the Site, Applications, and the Services is personal to you -- you may not authorize others to use the Site, Applications, and the Services, and you are responsible for all use of the Site and Applications and the Services by you and by those you allow to use, or provide access to, the Site, Applications, and the Services. You agree to use the Site, Applications, and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You also represent and warrant that: (a) you have, to the extent required by applicable law, obtained and will continue to obtain and maintain all consents, notices, and opt-out opportunities in order to allow us to make use of your information and Customer Reviews as contemplated in this Agreement and our Privacy Notice; and (b) your Customer Reviews and all other information provided to us does not infringe misappropriate, or otherwise violate the intellectual property rights, privacy rights, or other proprietary right of any third party.
You will NOT, and you will NOT allow any third party to:
Use the Services in a manner other than as expressly permitted by this Agreement;
Use the Services for any purpose or in any manner that is unlawful or prohibited by this Agreement, including, without limitation, for any commercial purpose;
Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the Services;
Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the Services, or combine the Services or any part thereof with any other computer code, programs, materials, or services;
Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, scrape, or distribute the Services or any part thereof;
Use the Services, including, without limitation, any Services’ content, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and publicity rights;
Commit fraud or falsify information in connection with your access or use of the Services;
Work around any of the technical limitations of the Services or use any tool to enable features or functionalities that are otherwise disabled on the Services;
Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
Engage in activities that aim to render the Services or associated services inoperable or make their use more difficult;
Attempt to disable, damage, overburden, impair, or gain unauthorized access to the Services or our servers;
Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services (including, without limitation, using spiders, crawlers, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;
Harvest or otherwise collect or store personal information about other users of the Services, including, for example only, email addresses, without the express consent of such users;
Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines;
Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identify, or hide your true identity; nor
Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Services, or attempt to collect personal information about third parties without their knowledge or consent.
Company may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Services, and may terminate this Agreement, including, without limitation, if you breach this Agreement or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.
Non-Commercial Use Only
The Site and Applications are for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site and App Information or the Site and Applications for any purpose without written consent of or agreement with the Company. You agree not to make use of Site and App Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or the Company. Illegal and/or unauthorized uses of the Site and Applications, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site and Applications, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
Eligibility to Use the Site, Applications, and the Services
The Site, Applications, and the Services are not intended for users under the age of 18, however users under the age of 18 may access the Site, Applications, and the Services as detailed below. To register for any Services offered on the Site or Applications, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Site and/or Applications in conjunction with your parents or guardians. The Company does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not use the Site and Applications. If a child under 13 submits information through any part of the Site or Applications, and the Company becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind the corporate entity to the terms contained within the Agreement.
Customer Reviews
The Company provides functionality that enables you to provide a review in connection with the Site and Services (each a "Customer Review"). You acknowledge and agree that you are responsible for any and all Customer Reviews you make available in connection with the Site and Services and you agree to indemnify the Company for all Claims (as defined below) resulting from any Customer Review you make available. You represent and warrant that (a) you have the authority to grant the rights in any such Customer Review as set forth below; (b) such Customer Review, and the use thereof, will not violate any term of this Agreement; and (c) all opinions and statements contained in such Customer Review (i) are true, honest, and an accurate reflection of your opinions about the Company and its Services, (ii) are not misleading, and (iii) are based on your own actual personal experience. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Customer Review.
You grant to The Company, its affiliates, subsidiaries, licensees, and assigns the perpetual, worldwide, royalty-free, nonexclusive and absolute right and license to use, publicly and privately display, reproduce, publish, publicly and privately perform, exhibit, distribute or have distributed, transmit or have transmitted, post, broadcast, sublicense, sell, transfer, store, or otherwise make any commercial or non-commercial use of any Customer Review that you make available on the Site, in whole or in part, for advertising, publicity, internal presentations, communications and training materials, and any other legal purpose, in any and all media whether now known or hereafter developed, including without limitation, on the internet, without consideration, notice, inspection, review, or approval thereof. For purposes of clarity, the foregoing grant includes the rights to modify, edit, combine with other materials, translate, include in collective works, and create derivative works based on your Customer Review. You grant to the Company the right to use the first name and last initial associated with any Customer Review that you make available to The Company, in whole or in part, provided The Company shall have no obligation to exercise such right, or to otherwise provide any attribution for any Customer Review.
Freight Term, Title Transfer
Unless otherwise agreed products shall be shipped "FOB Origin" (The Company's warehouse), regardless of prepaid freight by the Company or express freight paid by the customer. Title to and risk of loss to products shall pass to Buyer upon shipment. Neither the time method nor place of payment, method of shipment, form of shipping document, nor place of acceptance of Buyer's order shall alter the foregoing.
Disclaimer or Warranty and Limitation of Liability
You acknowledge that you are using the Site, the Applications, and the Services at your own risk. The Site, the Site and App Information and the Services are provided "as is," and to the full extent permitted by applicable law, the Company, its affiliates and its third party service providers hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, noninfringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. The Company, its affiliates, and its third-party service providers do not represent or warrant that access to the Site and Applications and their Services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of drdirectretainers.com.
The Company, its affiliates, and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this Agreement, the provision of Services hereunder, the sale or purchase of any merchandise ordered through the Site, your access to or inability to access the Site and Applications, Site and App Information, or Services, including for viruses alleged to have been obtained from the Services, your use of or reliance on the Services, the Site and App Information or materials available through third party sites linked to the Site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.
You hereby agree to release the Company, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed ("Claims"), arising out of or in any way connected with your use of the Site and Applications and their Services. If you are a California resident, you waive California Civil Code Section 1542, which states, in part: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS SUPPLIERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, UNAVAILABILITY, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING ARISING UNDER OR OUT OF, OR IN CONNECTION WITH THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF, RELIANCE UPON, ACCESS TO, USE OF, OR EXPLOITATION OF THE SERVICES, THIS SITE, THE COMPANY MATERIALS, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR MAXIMUM, AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Electronic Communications
When you visit the Site, use the Applications, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site and/or Applications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer
The Company makes no representation that the Site and App Information, the Services or products offered through the Site and Applications are appropriate, available or legal in any particular location. Those who choose to access the Site and App Information and the Services and products offered through the Site and Applications do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
drdirectretainers.com is for Use in the United States
The Site and Applications are hosted in the United States and are intended for users located in the United States. If you are a non-U.S. user of the Site and Applications, by visiting the Site, using the Applications, and using their Services and/or providing us with any Content, you agree to comply with all applicable laws governing the Site and Applications, their Services, online conduct, and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
Trademark Notice
The Company and the Site and Application names, logos, and other identifying marks are the property of The Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. This Agreement does not transfer ownership of any of these rights. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.
Mobile Message Service Terms and Conditions
Dr. Direct Retainers mobile message service (the "Service") is operated by Dr. Direct Retainers (“Dr. Direct Retainers”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Dr. Direct Retainers's SMS/text messaging service, you agree to receive recurring SMS/text messages from Dr. Direct Retainers through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. When you opt-in to the service, we will send you a message confirming your opt-in to 1-855-553-7373 to receive Dr. Direct Retainers Promo. Message and data rates may apply. Message frequency will vary based on your use. Text "HELP" for help. Text "STOP" to cancel. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with OrthoTech. Your participation in this program is completely voluntary. You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies by use. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the keyword command STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to 1-855-553-7373 (or such other number from which you received the message) or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. You may also opt out by emailing us at support@drdirectretainers.com. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other OrthoTech mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 1-855-553-7373 or email support@drdirectretainers.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP, HELP, or other requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
BINDING ARBITRATION & CLASS ACTION WAIVER AGREEMENT
I agree that any and all disputes, claims or controversies directly or indirectly arising out of or relating to this Agreement, the Services, or any aspect of the relationship between me, on the one hand, and OrthoTech, LLC, or its parents, subsidiaries, related entities, or affiliates, (collectively, the "Company"), on the other hand, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory – including, but not limited to, claims relating to my account, the Company's products and services, communications from or on behalf of the Company, and medical malpractice disputes (collectively "Disputes") – shall be submitted to JAMS, or its successor, for confidential, final and binding arbitration to be resolved by a single arbitrator. I further agree that the arbitration will take place on an individual basis, that class arbitrations and class actions are not permitted, and that I am agreeing to give up the ability to bring a lawsuit in court (except small claims discussed below); and I am giving up the ability to bring or participate in a class action in any form or forum, even if my Dispute is determined not to be subject to arbitration.
I agree that I will send notice of my Dispute to the mailing address below, and that I must wait 30 days after notice is received by OrthoTech, LLC to initiate arbitration. If I initiate arbitration, I will do so in accordance with JAMS Streamlined Rules for Arbitration (“Rules”). The JAMS arbitrator shall resolve the Dispute and is empowered with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this Agreement, including the arbitrability of any dispute and any contention that all or any part of this Agreement is unconscionable, void or voidable. Any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C.§§ 1–16). The party that prevails in the arbitration shall be entitled to recover from the other party all reasonable attorneys’ fees, costs and expenses incurred by the prevailing party in connection with the arbitration; except that this provision shall not apply if I live in California.
The arbitration will be administered by JAMS under its Rules and will comply with the JAMS Consumer Minimum Standards (which are incorporated by reference). Notwithstanding the foregoing, I understand that I may instead litigate a Dispute in small claims court if the Dispute meets the requirements to be heard in small claims court.
I UNDERSTAND THAT I AM WAIVING ANY RIGHT I MIGHT OTHERWISE HAVE TO A TRIAL BEFORE A JUDGE OR JURY. I understand that upon initiating the arbitration in accordance with JAMS rules, I must send a copy of the Demand for Arbitration via U.S. Mail to OrthoTech, LLC, Attn: Legal Dept., 222 Lakeview Avenue, West Palm Beach, FL33401.
I understand and agree that OrthoTech, LLC may, from time to time, amend this Agreement at its sole discretion, to the fullest extent permitted by law, by providing notice of the amendment to the email address that OrthoTech, LLC has for me on file. I understand that any amendments to the Agreement will become effective 30 days after notice is provided by ORTHOTECH, LLC and shall not apply to any Disputes that have accrued before the date of the amendment.
The formation, existence, construction, performance, and validity of this Agreement shall be governed by the laws of the State of Delaware and the United States, without reference to choice or conflict of law principles.
Miscellaneous
This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regards to their respective principles of conflicts of law.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Any provisions of this Agreement that are intended to survive termination (including, for example, any provisions regarding indemnification and limitation of our liability) will continue in effect beyond any termination of this Agreement or of your access to or use of the Services.
This Agreement sets out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us. This Agreement is not assignable, transferable, or sub-licensable by you except with Company’s prior written consent. This Agreement provides only for the use of the Services. This Agreement shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.
No waiver by either party of any right, obligation, breach, or default hereunder shall be deemed to be a waiver unless set forth in writing by such waiving party. No waiver of any right, obligation, breach, or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Last revised: December 2024