Terms of Use, Privacy Policy and Informed Consent

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.

In addition to reviewing this Agreement, you should also read our Privacy Policy 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 Policy.

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.

Use of the Service By You

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.

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 these Terms of Use; 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.

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.

SMS Short Code Terms & Conditions

If you provide your mobile phone number, we may use this information to send you important marketing and transactional SMS updates about your requests, orders and other feedback. We may also share this information with a third party to aid in sending text messages via SMS or SMS short codes. Number and size of messages will vary per user based on evaluation/treatment length and stages. Reply 'STOP' to any SMS message to unsubscribe from SMS updates. Reply 'HELP' to get help. The Company does not charge any users fees to send or receive text messages. However, message and data rates may apply from your mobile carrier. We support the following mobile carriers: AT&T, Sprint, T-Mobile, Verizon Wireless, Metro PCS, Nextel, Virgin Mobile, U.S. Cellular, and others. The wireless carriers are not liable for delayed or undelivered message. The Company will not be liable for any delays in the receipt of any SMS messages connected with our SMS Gateway. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator. The Company respects your privacy. We will only use the information you provide to transmit text messages to you. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, to protect our rights or property. Text messages through your wireless carrier / service provider are not secure messages through encryption or similar technology, and therefore you should take care to include only the content you wish to share in the texts to our telephone agents.

How Do the Retainers Work? Our retainers are BPA-free plastic trays designed to hold your teeth in their current position. Removable retainers are passive appliances, which means they are not programmed to move teeth. Retainers must be worn continuously for the first three weeks following the completion of aligner therapy. After the first three weeks, retainers are intended to be worn at night (at least 8 hours a day).

Retainers are most effective if your teeth and gums are healthy. It is your responsibility to see a dentist prior to wearing retainers, to verify that your teeth and gums are healthy. It is also your responsibility to maintain and have follow-up dental care while wearing retainers.

You should be aware of the benefits and risks related to using retainers.

Retainer Benefits DISCREET –Retainers are made of clear, BPA-free plastic. The trays are thin, lightweight and nearly invisible when worn – many people won't even know you're wearing them. HYGIENE – Because retainers can be removed, you can eat, brush and floss normally, which will allow you to maintain your oral hygiene habits. Retainer Contraindications This product is not to be used by patients with the following conditions: Patients with mixed dentition, patients with permanent dental implants, patients with active periodontal disease, patients who are allergic to plastics, patients who have craniomandibular dysfunction (CMD), patients who have temporomandibular joint dysfunction (TMJ), and patients who have temporomandibular disorder (TMD). Retainer Warnings & Precautions ALLERGIC REACTION – In rare instances, some people are allergic to the materials contained in a retainer. If this happens to you, discontinue use and consult a healthcare professional immediately. TEMPORARY SIDE EFFECTS – You may experience temporary changes in your speech or salivary flow while using removable retainers because of the presence of the retainer tray in your mouth. Your mouth is sensitive, so you can expect an adjustment period and some minor discomfort. You may also experience gum, cheek or lip irritation when you initially wear a retainer while these tissues adjust to contact with the retainer trays. CAVITIES, GUM OR PERIODONTAL DISEASE – Cavities, tooth decay, periodontal disease, gingival recession, inflammation of the gums or permanent markings (e.g. decalcification) may occur or accelerate during use of removable retainers. These reactions can occur if you eat or drink lots of sugary foods or beverages and or do not brush and floss your teeth before inserting the retainers or do not routinely see a dentist for preventive check-ups.

In addition, in some circumstances discoloration or white spots may occur; small cavities may increase in size, causing sensitivity and, in some cases, pain or tooth breakage; gingival inflammation may increase, causing soreness and/or bleeding. If underlying periodontal conditions persist unchecked, they may become more prevalent and lead to tooth loss. NERVE DAMAGE IN TEETH –Previously unknown nerve damage from a prior injury may become apparent while wearing retainers and may require root canal treatment. Patients who have experienced tooth injury in the past or who have had restorative work done on a tooth are at higher risk. If your regular dentist detects nerve damage prior to or during your use of retainers, your use of the retainers may need to be discontinued to avoid tooth loss. TEMPOROMANDIBULAR JOINT DYSFUNCTION (TMJ) – Existing problems in the jaw joints (TMJ) may reappear or exacerbate during retainer use, causing pain, headaches or ear problems. The following factors can contribute to this outcome: past trauma or injury, arthritis, hereditary history, tooth grinding or clenching and some medical conditions. Although our removable retainers need to be replaced approximately every 6 months, wear resistance may be compromised in patients with bruxism or tooth grinding which can lead to breakage and the need for more frequent replacements of the retainers. PREVIOUS DENTAL TREATMENT –Retainers are custom made using the current anatomy of the teeth or restorations such as fillings crowns, bridges, veneers among others. Any replacement or adjustment made to the teeth or current restorations while wearing retainers can cause fit issues and the need to replace your retainers to fit your new restorations. UNERUPTED SECOND OR THIRD MOLARS – Wearing retainers prior to eruption of second or third molars may require new retainers be made once these molars have fully erupted due to the risk of super-eruption. Erupted second or third molars not covered by retainers may cause molars to migrate outward leading to bite issues, difficulty chewing, general oral discomfort, periodontal compromise or tooth loss. ORAL HABITS: Patients with untreated oral habits such as tongue thrusting, thumb sucking, and mouth breathing have an increased risk of teeth shifting even when wearing retainers. Such untreated oral habits may require therapeutic treatment to prevent undesired dental positions from occurring despite compliant usage of the retainers. MACROGLOSSIA: Patients with an enlarged tongue, also known as macroglossia, may experience a shift in dental positions due to tongue pressure applied to the teeth. Patients who suffer from this condition may experience a shift in their dental positions even if fully compliant in the use of retainers.
ORAL PIERCINGS – Piercings should be removed before and when wearing retainers. In some circumstances, failure to do so could result in fractures to the retainers or broken teeth, in which event use of the retainers must be terminated until the tooth has been repaired or the retainers have been replaced. BONDED RETAINERS, ATTACHMENTS AND BUTTONS – Bonded retainers, attachments and buttons cannot be present when using retainers. Patients choosing to proceed with retainers must first have all bonded retainers, attachments and buttons removed. Patients must consult with their regular dentist regarding the potential consequences of such removal and obtaining, at the patient's expense, all dental care required for such removal. SAFETY –Retainers may break, be swallowed or inhaled. GENERAL HEALTH PROBLEMS –Retainer usage in patients with health problems or medications that decrease the function of the salivary glands may experience increased risk of dental cavities as retainer trays may alter the salivary flow in direct contact with the teeth surfaces making the overall oral environment more susceptible to tooth decay. WEAR DURATION –To maintain teeth positioning, it is recommended to wear retainers as indicated, replacing each set of retainers every 6 months. The presence of retainer distortion or cracks will affect the retainer's ability to maintain teeth positioning and are an indicator that it is time to replace your retainers. If you experience any of the above symptoms, discontinuance of retainer wear is possible and you should seek care from a dentist of your choice.

Please reference the Retainer Instructions for Use on our website (insert link) and provided with the product for further information prior to use.

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 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 participate in any class action. For avoidance of doubt, 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 the Company 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 Ave, Suite 1550, West Palm Beach, FL 33401.

I understand and agree that the Company 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 the Company has for me on file. I understand that any amendments to the Agreement will become effective 30 days after notice is provided by the Company 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.

Informed Consent By signing this Informed Consent, I understand that I am certifying that, except as indicated on my medical/dental history, during my most recent dental exam, my dentist has cleaned my teeth and has checked for and repaired cavities, loose or defective fillings, crowns or bridges. My dentist checked my last x-rays or has otherwise verified that I have no shortened or resorbed roots or impacted teeth. My dentist has probed or measured my gum pockets and confirmed that I do not have periodontal or gum disease. My dentist performed a full oral-cancer screening and confirmed that I do not have oral cancer. I do not have pain in any of my teeth or jaws, and I am unaware that any of my teeth are loose or that I have any "baby teeth."

I further consent to the Company sharing my personal and medical information with third parties, business associates, or affiliates for the sole purposes of determining suitability for removable retainers, the Company's retainer design and/or manufacturing purposes.

I certify that I can read and understand English. I have read this form and fully understand the benefits and risks listed in this form related to my use of the removable retainers. Lastly, I understand that in order for the retainers to maintain the current position of my teeth, I must comply with the Instructions for Use provided with the retainers.

I hereby release, acquit and forever discharge the Company, its current and former directors, agents, officers and employees of the above-named entity, its affiliates or assigns, from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.

Data Aggregation, Anonymization, and De-Identification. I understand that the Company will use, reproduce, aggregate, and modify my images and/or data to (i) create aggregated data, (ii) create de-identified or anonymized data, as described in local jurisdictional privacy laws, for the purpose of supporting the Company's research, development, and quality improvement purposes. Further, all rights, titles, and interest in the aggregated data, and all intellectual property rights therein, belong to and are retained solely by the Company.

I hereby warrant that I am eighteen (18) years old or more and competent to contract in my own name or, if I am less than eighteen years old, that my parent or guardian is agreeing to this contract on my behalf. This release is binding on me and my heirs, assigns and personal representatives.

Last revised: April 2024