TERMS OF USE AGREEMENT

Privacy Contact: OC Perfect Smile Attn: Privacy Officer 24953 Paseo De Valencia, #3c, Laguna Hills, CA 92653. (949) 837-7112, OCPerfectSmileDental.com

Effective Date: 09.2023, last updated 06.2025

Please read these Terms of Use (“TOS” or “Agreement”) carefully before using the website, online services, and digital properties (collectively, the “Services“) provided by OC Perfect Smile These terms, conditions, and guidelines govern your access to and use of the Services.

By accessing or using the Services, you (“you” or “your”) agree to be bound by the terms, conditions, and guidelines set forth in this TOS. If you do not agree to all of these terms, do not use the Services.

1. Acceptance of Terms

By using the Services, you acknowledge that you have read, understood, and agree to be bound by this TOS, which includes our Privacy Policy. Please note that Our Office may update or change this TOS from time to time without notice. YOUR CONTINUED USE OF THE SERVICES AFTER SUCH CHANGES HAVE TAKEN EFFECT CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH CHANGES.

2. Nature of Services – No Medical Advice or Relationship Formation

The Services, including but not limited to our website, online content, and any interactive features, are provided for informational purposes only and to facilitate administrative interactions (like appointment scheduling). Information provided on the Services is not intended as, and should not be considered, medical advice, diagnosis, or treatment. It does not establish a dentist-patient relationship. Always seek the advice of a qualified healthcare professional for any questions regarding your medical or dental condition.

3. Links to Third-Party Sites

Some links on our Site may allow you to leave our Site. Third-party sites to which our Site may link (“Third-Party Linked Sites“) are not in any way under Our Office’s control. Our Office DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, CONTENT, COMMUNICATIONS, SERVICES, GOODS, OR OTHER MATERIALS AVAILABLE ON SUCH THIRD-PARTY LINKED SITES OR FOR ANY CHANGES OR UPDATES TO SUCH SITES.

Unless expressly stated otherwise, Our Office does not intend links contained on the Site to be referrals to, or endorsements of, the Third-Party Linked Sites or the entities that operate them. Such links are provided for convenience only. You acknowledge and agree that Our Office is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Third-Party Linked Sites.

4. Disclaimers

Disclaimer of Warranties IN USING THE SITE AND/OR ANY THIRD-PARTY LINKED SITE, YOU AGREE THAT ALL INFORMATION AND SERVICES IN SUCH SITES ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. YOU AGREE THAT YOU USE THE SITE AND/OR ANY THIRD-PARTY LINKED SITE AT YOUR OWN RISK.

YOU FURTHER AGREE THAT OUR OFFICE AND ANY OTHER PARTY INVOLVED IN CREATING AND DELIVERING THE CONTENTS OR SERVICES OF THE SITE AND/OR THIRD-PARTY LINKED SITES HAVE NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE INFORMATION, SERVICES OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED THROUGH SUCH SITES. YOU ACCEPT THE FACT THAT OUR OFFICE IS ONLY PROVIDING YOU WITH ACCESS TO CONTENT AND SERVICES AND THAT IT DISCLAIMS ALL WARRANTIES RELATING TO AND ANY AND ALL LIABILITY ARISING FROM SUCH CONTENT OR SERVICES.

WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR ILLEGAL, UNAUTHORIZED, OR IMPROPER USE OF INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED USING THE SITE OR THE SERVICES. Some jurisdictions, including California, do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.

General Disclaimer THE SITE, ALL THIRD-PARTY LINKED SITES, AND ALL SERVICES AND MATERIALS PROVIDED IN SUCH SITES, ARE PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS, AND YOUR USE OF SUCH SITES, SERVICES, AND MATERIALS IS AT YOUR OWN RISK. NEITHER OUR OFFICE NOR ITS AFFILIATES, PARTNERS (INCLUDING, BUT NOT LIMITED TO OC Perfect Smile, AGENTS, OR LICENSORS, IF ANY, MAKE ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER OUR OFFICE NOR ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, IF ANY, MAKE ANY REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY.

NEITHER OUR OFFICE NOR ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, IF ANY, MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS YEAR 2000 READY OR COMPLIANT, (4) IS SECURE, OR (5) WILL BE AVAILABLE AT ANY TIME OR FROM ANY LOCATION. NEITHER OUR OFFICE NOR ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, IF ANY, MAKES ANY WARRANTY OR REPRESENTATION REGARDING (1) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE SITE, (2) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE SITE, OR (3) THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS, OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Some jurisdictions, including California, do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.

5. Limitation of Liability

IN NO EVENT WILL OUR OFFICE, ANY OF ITS PARTNERS (INCLUDING, BUT NOT LIMITED TO, OC PERFECT SMILE PROVIDERS, AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, THE SERVICES AVAILABLE ON THE SITE, ANY WEB SITES LINKED TO SUCH SERVICES, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES OR AT BULLETIN BOARDS AVAILABLE THROUGH SUCH SITES, OR THE CONTENT ANYWHERE ON THE INTERNET.

THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS OR DAMAGES ARISING FROM THE CIRCUMSTANCES DESCRIBED IN THIS PARAGRAPH REGARDLESS OF WHETHER ANY SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, INFRINGEMENT, DEFAMATION, MISAPPROPRIATION OR ANY OTHER TORT OR LEGAL THEORY AND REGARDLESS OF WHETHER OUR OFFICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions, including California, do not permit the exclusion or limitation of liability for certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.

6. License to Our Office

By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Services (such as submitting reviews, comments, or public questions), you are granting Our Office and its affiliated entities a royalty-free, perpetual, non-exclusive, unrestricted, transferable, worldwide license to:

Use, copy, adapt, transmit, retransmit, distribute, create derivative works of, and/or publicly or digitally perform or display any such communication.
Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, patent laws, or the intellectual property laws under any relevant jurisdiction. Please be mindful that any information you post publicly may be visible to others and is not protected health information (PHI). Do not post PHI or other sensitive personal information in public areas of the Services.

7. Appointment Scheduling & Patient Portal Usage

By using our online appointment scheduling process or any patient portal features, you understand and agree to the following:

Information Storage: The information you provide during the course of scheduling an appointment or using a patient portal feature will be saved to you or your family’s account with Our Office and may be shared within the Organized Health Care Arrangement as outlined in our Privacy Policy.
Minors: If you are under eighteen (18) years of age, you will need to call Our Office directly to schedule an appointment, rather than use the online scheduling process. If you schedule an appointment for a minor (under eighteen years old), Our Office must validate your legal guardian or parental status at the time of the appointment.
Rescheduling/Cancellation/Emergencies: To the extent you need to re-schedule or cancel your appointment, or you have a dental emergency, you must call Our Office directly at [Your Office Phone Number]. Do not rely on email, website forms, or portal messages for urgent matters.
Communications Consent: You agree to receive email and text message confirmations and reminders of your scheduled appointment. You can manage these communication preferences as described in our Privacy Policy.
Accuracy of Information: You are responsible for ensuring that all information you provide through the online scheduling process or patient portal is accurate, complete, and current.

8. Prohibited Uses

The Services may include access to bulletin boards, blogs, comment sections, or other interactive features that allow users to post messages and interact with other users. You understand that Our Office has no obligation to monitor these interactive features, the Site, or Third-Party Linked Sites. However, Our Office reserves the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation, or governmental request, or to edit, refuse to post, or to remove any information or material, in whole or in part, that in Our Office’s sole discretion is objectionable or in violation of these terms and conditions.

As a user of the Services, you agree to use them only for lawful purposes. Use of the Services for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, but not limited to, HIPAA, CMIA, CCPA/CPRA, and other California consumer protection laws) is strictly prohibited. You also agree not to use the Services to:

Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization.
Harass others (e.g., by spamming).
Threaten, harass, defame, embarrass, or distress any other person or group.
Distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner’s consent.
Use “auto-responders,” “cancel-bots,” or other similar mechanisms that generate excessive network traffic.
Post or send any unlawful, harmful, defamatory, pornographic, obscene, vulgar, or otherwise objectionable material.
Post, send, or relay any unsolicited advertising (spam).
Post or send any chain letters or pyramid schemes.
Post or send any fraudulent or misleading offers of products, items, loans, or other services.
Post any misleading, inaccurate, or fraudulent information.
Post any junk emails or duplicative/unsolicited messages.
Harvest or otherwise collect information about others, including email addresses, without their consent.
Create a false identity or forged email address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message.
Attempt to gain unauthorized access to other accounts, computer systems, or networks connected to the Service through login password mining or any other means.
Transmit any Protected Health Information (PHI) or other sensitive personal information through unsecured or public areas of the Services.

9. Termination

Our Office may terminate your access to the Services and/or the Site at any time without notice in its sole discretion. In the event of a termination, the disclaimers and limitations of liabilities set forth in this TOS shall survive. Users who violate this TOS may additionally incur criminal and/or civil liability. Our Office may refer violators to civil or criminal authorities for prosecution and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.

10. Intellectual Property: Trademarks and Copyright

Trademarks The trademarks appearing on the Site, including those of Our Office are the property of their respective owners. Our Office’s trademarks may be used only with our express written permission. The design and layout of the Site, and all other websites owned, operated, licensed, or controlled by Our Office or its subsidiaries or affiliates, if any, are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from the Site may be copied or re-transmitted unless expressly permitted by Our Office. Other product and company names mentioned herein may be the trademarks of their respective owners.
Copyright All materials on the Site are copyrighted and are protected under state and federal law, as well as international treaties and the copyright laws of other countries. Our Office’s materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without Our Office’s express written permission. All rights not expressly granted herein are reserved by Our Office.

11. General Provisions

Bookmark: You may create a bookmark in your browser to the home page of the Site.
Reservation of Rights: All rights not expressly granted in this Agreement are reserved to us. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by this Agreement.
Indemnity: You agree to indemnify, defend, and hold harmless Our Office, its telecommunications providers and service providers, and its subsidiaries, affiliates, officers, directors, employees, consultants, and agents, if any, from any and all third-party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees) due to or arising from (i) your use of the Services and/or the Site, (ii) any content you post, email, transmit, or relay by use of the Services or to Our Office, a Third-Party Linked Site, and/or the Site, (iii) your violation of this TOS, or (iv) your infringement of any intellectual property or other right of any person or entity.
Changes to the Site and the Service: Our Office reserves the right to change, suspend, or discontinue any aspect of the Services or the Site at any time, including the availability of any of the Site features, delivery services, databases, or content. Our Office may also impose limits on features or restrict access to parts of the Site.
Governing Law and Jurisdiction (California Specific): This TOS shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. You agree that any legal action or proceeding arising out of or relating to this TOS or your use of the Services shall be exclusively brought in the federal or state courts located in Orange County, California, and you consent to the personal jurisdiction of such courts.
Severability: If any provision(s) of this TOS is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
No Waiver: Our Office’s failure to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Our Office in writing. The section titles of this TOS are solely used for the convenience of the parties and have no legal or contractual significance.
Entire Agreement: This TOS constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this TOS will be effective only if expressly made in writing and signed by Our Office.

12. Contact Information

If you have any questions about these Terms of Use, please contact us at:

Privacy Contact: OC Perfect Smile Attn: Privacy Officer 24953 Paseo De Valencia, #3c, Laguna Hills, CA 92653. (949) 837-7112, OCPerfectSmile@gmail.com