Effective Date: May 2024

By clicking “accept” or otherwise using our website, mobile applications or services, you acknowledge and agree that you have read, understand, and accept all terms and conditions contained within this Terms of Use and the Privacy Policy available at www.reemarc.com and www.reemarc.info.  If you do not agree to be bound by these terms, you are not authorized to access or use this website, mobile applications or services.

1. Platform and Application Services

   a. The websites located at www.reemarc.com and www.reemarc.info together with our mobile applications (collectively, the platform) is a copyrighted work belonging to reemarc (together with our affiliates and subsidiaries, we, our, us, reemarc) that connects you with  dental offices that are partnering with us that offer clear aligner orthodontic services to you (such dental office, the Partner Dental Office).  You can use our platform to start your orthodontic treatment journey, to find Partner Dental Offices near you, book consultations, track and view the status of your orthodontic treatment progress through the Partner Dental Office including shipment of clear aligners.  Certain features of the platform may be subject to additional guidelines, terms, or rules, which will be posted on the platform in connection with such features.
   b. reemarc does not own or operate any dental offices, including any Partner Dental Offices. We do not provide any direct medical, dental or orthodontic services to you.  We are an intermediary software platform that facilitates the connection between you and a Partner Dental Office.   This website or our mobile applications does not create a doctor/patient relationship.

2. Medical Disclaimer

    a. The information and services provided through our platform is for informational purposes only and is not intended to be a substitute for professional dental, orthodontic or medical advice, diagnosis, or treatment. 
    b. You should always seek the advice of your dentist, orthodontist, or other qualified healthcare provider with any questions or concerns you may have regarding your oral health, treatment plan or a specific medical condition.
    c. We do not provide any medical, orthodontic or dental services and are not responsible for the quality, accuracy, or reliability of the information or services provided by any Partner Dental Office. 
    d. You agree to use our platform and the information provided therein at your own risk. reemarc is not liable for any injury, loss, or damage arising from your use of the platform, or any services provided by any Partner Dental Office. 
    e. If you believe you are experiencing a medical or dental emergency, you should immediately contact your healthcare provider or call emergency services. 

3. User Accounts

   a. To access and use certain features of our platform, you may be required to create a user account.  You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
   b. You must be at least 18 years old or the age of majority in the jurisdiction where you reside to access, create an account and use our platform.  By using our platform, you represent and warrant that you are at least 13 years of age.  If we learn that we have collected personal information from a child under the age of 13 without verification of parental consent, we will promptly delete that information. If you are the parent or guardian of a child under the age of 13 and you believe they have provided personal information to us, please contact us at smile@reemarc.com so that we can delete the child's information from our systems.

4. Prohibited Conduct

    a. You agree not to use our platform for any unlawful or unauthorized purpose. This includes, but is not limited to:
       i. Violating any applicable laws, rules, or regulations.
       ii. Interfering with or disrupting the operation of the platform or the servers and networks that host it.
       iii. Attempting to gain unauthorized access to the platform, user accounts, or any related systems or networks.
       iv. Transmitting any viruses, malware, or other harmful code that may damage, disrupt, or limit the functionality of the platform.
       v. Engaging in any activity that could damage, disable, overburden, or impair the platform.
       vi. Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the platform without our express written permission.
       vii. Engaging in any activity that infringes on the intellectual property rights of reemarc or any third parties. 
    b. We reserve the right to suspend or terminate your access to the platform if we reasonably believe that you have violated this Terms of Use or the Privacy Policy or engaged in any prohibited conduct.
    c. We may cooperate with law enforcement authorities and court orders regarding any unlawful or prohibited activities on the platform.

5. Booking and Consultation

   a. When you book a consultation with a Partner Dental Office through our platform, you are entering into a direct agreement with that Partner Dental Office.  We are not a party to that agreement and have no control over the services provided by that Partner Dental Office or the outcome of the consultation.
   b. You are responsible for providing accurate and up-to-date information when booking a consultation. The Partner Dental Office may require additional information or documentation from you before the consultation.
   c. You understand and agree that the Partner Dental office is solely responsible for the provision of orthodontic services to you and that we have no liability for the quality or outcome of those services.

6. Appointment and Treatment Progress Review and Tracking

   a. Our platform provides you with an overview of your orthodontic treatment journey through a Partner Dental Office that allows you to track the status of your appointments and review treatment progress based on an estimate timeline for your treatment and when the clear aligner is shipped and delivered to you. 
   b. The status of any booking, consultation, treatment progress or shipment information displayed on our platform is provided by a third party service provider or your Partner Dental Office to us, and as such, may not be real-time or accurate.  We do not guarantee the accuracy or completeness of any such information. 
   c. Any treatment timeline displayed on our platform is an estimate only.  For more accurate and complete information including any questions regarding your treatment timeline and costs, please consult your dentist or orthodontist at your Partner Dental Office.  

7. Intellectual Property 

   a. The platform, including our name, logos, service names, design marks, slogans, content, design, and functionality is the property of reemarc and is protected by copyright, trademark, and other U.S. and international intellectual property laws. 
   b. You may not modify, republish, copy, download, distribute, post, transmit, display, reproduce, or create derivative works from the platform or its content.

8. Termination

   a. We reserve the right to suspend or terminate your access to the platform at any time, for any reason, including if we reasonably believe that you have violated this Terms of Use or are in violation of applicable law.
   b. You may also choose to discontinue your use of the platform at any time by contacting us at smile@reemarc.com with a request to remove or delete your account.

9. Disclaimers and Limitations of Liability

   a. THE USE OF OUR PLATFORM IS AT YOUR OWN RISK.  OUR PLATFORM IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING ITS AVAILABILITY, ACCURACY. 
   b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REEMARC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PLATFORM OR ANY SERVICES OR INFORMATION PROVIDED BY OR ON BEHALF OF, OR RELATING TO ANY PARTNER DENTAL OFFICE OR ITS LICENSED PRATITIONERS. 

10. Governing Law and Dispute Resolution

   a. This Terms of Use is governed by and construed in accordance with the laws of New York. 
   b. You agree that any disputes arising out of or in connection with this Terms of Use, or your use of our platform or services provided therein will be resolved through final and binding arbitration before a single neutral arbitrator instead of in a court by a judge or jury and you hereby agree to waive the right to sue in court and to have a trial by a jury.  You further agree that any arbitration required by the arbitration agreement will take place on an individual basis.  

11. Changes to the Terms of Use

   a. We reserve the right to modify this Terms of Use at any time. We will notify you of any changes by posting the updated Terms of Use on our platform.
   b. Your continued use of the platform after such changes constitutes your acceptance of the revised Terms of Use.

12. Electronic Communications

    a. By using the reemarc platform, you consent to receiving electronic communications from us, including email, text messages, in-app notifications, or other forms of electronic communication.
    b. These electronic communications may include updates, notifications, promotions, and other information related to the platform and the services provided by a Partner Dental Office.  
    c. You agree to keep your contact information, including email address and phone number, up to date in your user account. You are responsible for ensuring that you can receive and access the electronic communications we send.
    d. You understand that standard message and data rates may apply to any text messages or mobile communications you receive from us, depending on your wireless carrier and plan.
    e. You have the right to opt-out of receiving certain electronic communications from us, such as marketing messages. To opt-out, you can follow the unsubscribe instructions provided on the platform or contact us at smile@reemarc.com.
    f. Notwithstanding your opt-out preferences, we may still send you essential service-related communications, such as updates on your appointment status, shipment tracking or account information.

13. Indemnification 

    a. You agree to indemnify, defend, and hold harmless reemarc, our respective affiliates officers, directors, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the platform, your violation of this Terms of Use, or your violation of any rights of a third party.
    b. We reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
    c. This indemnification obligation will survive the termination of your use of the platform and this Terms of Use.

14. Assignment

You may not assign any rights or obligations under this Terms of Use without our prior written consent. We may assign all or part of this Terms of Use.

15.  General 

This Terms of Use constitutes the entire agreement between you and reemarc with respect to the platform and supersede all prior agreements and understandings between you and reemarc. Our failure to enforce any provision of this Terms of Use will not be construed as a waiver of any provision or right. In the event that a portion of this Terms of Use is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. All sections of this Terms of Use which, by their nature are designed to survive expiration or termination of this Term of Use, including but not limited to indemnity and disclaimers and limitation of liability clauses.

16.  Supplemental Terms Applicable to Dentists, Orthodontists or a Representative of a Partner Dental Office at www.reemarc.info.

If you are a dentist, an orthodontist, a registered nurse, or a receptionist at a Partner Dental Office accessing our platform, you agree to be bound by these additional Terms of Use. 

    a. You are a licensed dentist, a nurse practitioner, or a healthcare professional contracted or employed by a Partner Dental Office or its affiliated professional corporation, and agree to comply with all laws, dental board rules, and other rules and regulations applicable to you.  Your relationship with any reemarc user is directly between you and the user. The reemarc user will never have a physican-patient relationship with reemarc. reemarc does not practice dentistry and offers no dental or orthodontic services to any user.  You and your Partner Dental Office is solely responsible for all billing and collections from your patients and other users, and reemarc shall have no liability whatsoever to you or your dental office with respect to any amounts owed by any of your patients or any user of the platform. Reemarc platform or services provided by us are not meant to substitute or modify your professional judgement in any way.  
    b. You agree to provide accurate information regarding (1) your patient’s visit and consultation details, including date, time, reason for visit, treatment recommendations, timeline and progress, and any next steps, (2) shipping and delivery information for any orthodontic appliances or devices ordered for your patient. 
    c. You further agree to maintain the confidentiality of all information accessed or entered by you on our platform or mobile applications in accordance with all applicable U.S. and international healthcare privacy laws and regulations. Failure to properly track or safeguard such data may result in the suspension or termination of your access to our platform and/or mobile applications. 

If you have any questions or concerns about these Terms of Use, please contact us at smile@reemarc.com.