TERMS OF SERVICE

Terra Dental PLLC. (the “Company”, “Terra Dental,” “we,” “us,” or “our”), oversees this website including the Services underlying this website and the content appearing therein, https://www.terradental.nyc/ (collectively, the “Site”). These Terms (“Terms”) are applicable to you (“user,” “you,” or “your”). The terms contained herein apply to all users of this Site. We offer oral healthcare services and various oral hygiene products to provide you with a luxury, hassle-free, and personalized dentist experience (collectively, the “Services”). Any new features or tools which are added to the current Services shall be also subject to these Terms.

Read these Terms carefully before you begin using this Site. Additionally, you must read, agree and accept our Privacy Policy. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, ITS SERVICES, AND THE MATERIALS AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO OUR TERMS AND PRIVACY POLICY.

1. Access and Use of This Website

Access to certain portions of the Site is restricted to registered Users. You might be required to provide your name, telephone number(s), e-mail, and/or street address, credit card number, debit card number, charge card number, or other payment information, as well as and other personally identifiable information (“Personal Data”), when you register, make a purchase from our online store, sign up for an appointment, request to be on our mailing list, or allow us to check your insurance eligibility (collectively, “Provide Your Information”). By providing such information, you acknowledge and agree that We may, and You specifically authorize us, or permitted third parties, to process all transactions related to this Site and its operation, including without limitation purchases and/or registration for products and/or services on this Site.

2. Medical Disclaimer

The information provided on this website is for general informational purposes only and should not be construed as medical advice or a substitute for professional medical care. Always seek the advice of your dentist or other qualified healthcare provider with any questions you may have regarding a medical condition or treatment.

3. Intellectual Property

The Site and any and all intellectual property, trademarks, service marks, information, date or other materials made available to you, together with the design of the Site and all text, scripts, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) (the “Materials”) are the sole and exclusive property of the Company, our licensors, or other providers, and are available to you solely for purposes of your use of and access to the Site in accordance with these Terms. The Materials, collectively, are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws under the United States and foreign laws and international conventions. All of the Materials are copyrighted material and is protected by the Copyright Act of 1976, as amended. All rights, title, and interests in and to the Site and all copyrights, trade secret rights, patents, trademarks, and any other intellectual property or proprietary rights in and to the Site shall at all times remain the exclusive property of the Company and/or its licensors. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any Materials on the Site without our prior, express, and written permission.

You do not and will not acquire any intellectual property rights in the Site, including but not limited to the Services, by your use of the Site. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Site and to download and print any Materials provided by us, solely for your personal and non-commercial purposes. Nothing in these Terms shall transfer to you any right, title or interest in or to any Materials, except for the limited license expressly granted in the preceding sentence.

4. Marketing Communications

By providing your contact information on this website, you consent to receive marketing communications from Terra Dental, PLLC via phone calls, text messages, or faxes. Such communications may include appointment reminders, promotional offers, and other information related to our services. You may opt out of receiving these communications at any time by contacting us directly or using the opt-out mechanism provided in the communication.

5. Opt-Out Mechanism
If you no longer wish to receive marketing communications from Terra Dental PLLC, you may opt out by contacting us directly or using the opt-out mechanism provided in the communication. Upon receipt of your opt-out request, we will promptly remove you from our marketing list.

6. External Links

This website may contain links to third-party websites for your convenience. These links are provided solely for informational purposes and do not imply endorsement or approval of the linked sites. We have no control over the content or availability of these sites and are not responsible for any damages or losses resulting from your use of them.

7. Limitation of Liability

You acknowledge that you are responsible for any actions you take while on this website. You recognize that your use of the Site and any subsequent actions arising from your use of this website are taken solely at your own risk.

In no event will the company, affiliates, or their respective directors, officers, employees, contractors, agents, or our representatives, be liable for any indirect, special, incidental, consequential, punitive damages of any kind, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business, loss of business opportunities, or anticipated savings, loss of use, loss of goodwill, loss of data, under any legal theory, or under any equitable theory, arising out of or in connection with your use, or inability to use, the site, any websites linked to it, any materials on the site.

Any claim or cause of action arising out of or related to your use of the Site, these Terms, or your use of Materials made available through or on the Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by the Company to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

The Site is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnification

You will indemnify, defend, and hold harmless the Company our licensors and affiliates, and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from your access or use of this website or the content contained herein. This includes, but is not limited to, damages for loss of profits, business interruption, or loss of data.

9. Our Compliance with HIPAA

We are required to comply with federal healthcare privacy and security rules, such as the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health (“HITECH”) Act, when receiving and processing your Protected Health Information (“PHI”). When you receive any health-related services from us, you will be required to acknowledge our Notice of Privacy Practices, and you will be required to provide agreement to our Consent Form.

10. Our Compliance with COPPA

The site is not intended for users who are younger than thirteen (13) years of age. By using the site, you represent that you are not under thirteen (13) years of age. You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing our Privacy Policy.

11. Governing Law and Venue

These Terms shall be construed, governed, and enforced under the laws of the United States and the State of New York, without regard to rules governing conflict of laws. You agree that venue for all actions, relating in any manner to these Terms, shall be in the United States District Court of New York of any New York court sitting in New York County, NY. Each party to these terms waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Notwithstanding the foregoing, you hereby agree that any dispute arising out of or relating in any way to these Terms or your use of the Site and/or any information, products, Materials or Services you obtain from us requires that such claim be resolved exclusively by confidential binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in a court of competent jurisdiction in the State of New York.

12. Severability and Waiver

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein 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 us to assert a right or provision shall not constitute a waiver of such right or provision.

13. Changes to the Terms

We reserve the right to modify or revise these Terms and Conditions at any time without prior notice. Your continued use of this website following the posting of any changes constitutes acceptance of those changes. The date that these Terms were last revised is identified at the bottom of the page.

14. Contact Us

To ask questions or comment about these Terms, please contact us at concierge@terradental.nyc.

15. Entire Agreement

These Terms, along with all of its subparts, as revised and amended from time to time, represent the entire understanding and complete agreement by and among you and the Company concerning the matters set forth herein and govern your use of the Site, Services and your Account, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of these Terms).

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, AND YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS HEREIN.

LAST REVISED: 12/03/2024