Terms of Use

1. Acceptance of Terms

These Terms of Use (together with all documents expressly incorporated herein by reference, the “Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Richmond Virginia Orthodontics together with its affiliates, physicians, providers, employees, contractors, successors, and assigns (“Practice,” “Company,” “we,” “our,” or “us”), governing your access to and use of this website (together with all associated webpages, mobile websites, applications, subdomains, portals, digital services, online forms, communications, and related online properties operated by or on behalf of the Practice, the “Website”).

BY CLICKING “I ACCEPT,” SCHEDULING AN APPOINTMENT THROUGH THE WEBSITE, SUBMITTING INFORMATION THROUGH THE WEBSITE, OR OTHERWISE ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.

If you do not agree to these Terms, you must immediately discontinue use of the Website.

If you are using the Website on behalf of another individual, including a minor or dependent, you represent that you have the legal authority to do so and agree to these Terms on behalf of that individual.

The Practice may modify these Terms at any time in its sole discretion. Updated Terms become effective immediately upon posting unless otherwise stated. Continued use of the Website following any modification constitutes acceptance of the revised Terms.

2. Definitions

For purposes of these Terms, the following definitions shall apply:

“Applicable Law” means all applicable federal, state, local, and foreign statutes, regulations, ordinances, rules, judicial decisions, and governmental requirements, including, where applicable, laws relating to healthcare, privacy, data security, electronic communications, accessibility, and consumer protection.

“Content” means all text, graphics, logos, trademarks, service marks, trade dress, photographs, images, illustrations, videos, audio, software, source code, object code, databases, website design, layout, compilations, documentation, downloadable materials, and all other information or materials made available through the Website.

“Patient Portal” means any secure online portal, application, or platform made available by or on behalf of the Practice for patient communications, scheduling, medical records, billing, telehealth, or related services, including any third-party patient portal integrated with or linked from the Website.

“Privacy Policy” means the Practice’s Privacy Policy, as amended from time to time.

“Protected Health Information” shall have the meaning assigned under the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), and its implementing regulations, to the extent applicable.

“Services” means all services, features, functionality, tools, applications, appointment scheduling services, patient resources, communications, and other online offerings made available through the Website.

3. Eligibility

The Website is intended for use by individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is greater.

Individuals under the age of eighteen (18) may use the Website only through or under the supervision of a parent, legal guardian, or other individual legally authorized to act on their behalf.

If you use the Website on behalf of another individual, including a minor, dependent, incapacitated adult, or other person for whom you possess legal authority to act, you represent and warrant that you possess all authority necessary to bind such individual to these Terms and to provide any information submitted through the Website.

By using the Website, you represent and warrant that:

(a) you possess the legal capacity to enter into a binding agreement;

(b) all information you submit through the Website is true, accurate, current, and complete;

(c) you will promptly update any information that becomes inaccurate;

(d) your use of the Website complies with all Applicable Law; and

(e) your use of the Website does not violate the rights of any third party.

The Practice reserves the right to refuse access to, suspend, or terminate any user’s access to the Website at any time if the Practice reasonably believes that any eligibility requirement has not been satisfied or that continued access would violate Applicable Law or these Terms.

4. Privacy Policy

The Practice respects your privacy and is committed to protecting information entrusted to it. The Privacy Policy explains how personal information, website usage information, and, where applicable, Protected Health Information may be collected, used, disclosed, stored, and safeguarded.

The Privacy Policy is incorporated into these Terms by reference and forms an integral part of this Agreement. By accessing or using the Website, you acknowledge that you have reviewed the Privacy Policy and agree to its terms.

To the extent there is an inconsistency between these Terms and the Privacy Policy regarding the collection, use, disclosure, or protection of information, the Privacy Policy shall govern with respect to privacy-related matters, while these Terms shall govern all other matters relating to use of the Website, except where Applicable Law requires otherwise.

The Practice may modify the Privacy Policy from time to time in accordance with its terms. Your continued use of the Website following the effective date of any revised Privacy Policy constitutes acknowledgment of the revised Privacy Policy, except where Applicable Law requires additional notice or affirmative consent.

Nothing in these Terms or the Privacy Policy shall be construed to limit any rights or obligations imposed by Applicable Law, including HIPAA or other applicable healthcare privacy laws, to the extent such laws apply to the Practice or to particular information maintained by the Practice.

5. Healthcare-Specific Terms

Medical Information Disclaimer

The Website is provided solely for general informational, educational, and administrative purposes. Content available through the Website, including articles, blog posts, videos, graphics, FAQs, provider biographies, downloadable materials, and other resources, is not intended to constitute medical advice, diagnosis, treatment recommendations, or professional healthcare services.

Information contained on the Website should not be relied upon as a substitute for consultation with a qualified physician or other licensed healthcare professional familiar with your individual medical condition.

Never disregard professional medical advice or delay seeking medical care because of information obtained through the Website.

No Physician-Patient Relationship

Accessing, browsing, communicating through, or using the Website does not, by itself, establish a physician-patient, provider-patient, fiduciary, confidential, or other professional relationship between you and the Practice or any of its physicians, providers, employees, contractors, or affiliates.

A physician-patient relationship is established only after the Practice affirmatively accepts you as a patient in accordance with Applicable Law and the Practice’s policies, including completion of any required registration procedures and acceptance by an appropriate healthcare provider.

Communications submitted through the Website, including appointment requests, contact forms, or general inquiries, do not obligate the Practice to provide medical services or create any duty to diagnose, treat, prescribe, or respond within any particular period of time.

Appointment Requests

The Website may permit users to request appointments or communicate scheduling preferences. Submission of an appointment request does not guarantee an appointment, establish a physician-patient relationship, or create any obligation on the part of the Practice until the Practice confirms the appointment.

Appointment availability may change without notice. The Practice reserves the right to modify, reschedule, decline, or cancel appointment requests in its sole discretion, subject to applicable law.

No Emergency Communications

The Website is not intended, designed, or monitored for emergency communications, urgent medical needs, or time-sensitive healthcare matters.

You agree that you will not use the Website, including any appointment request forms, contact forms, email links, messaging features, patient inquiries, chat functionality, or other electronic communications made available through the Website, to report medical emergencies or urgent medical conditions.

If you are experiencing a medical emergency, call 911 immediately or proceed to the nearest emergency department.

If you believe your condition requires urgent medical attention but does not constitute an emergency, you should contact the Practice directly by telephone or seek appropriate medical care through another qualified healthcare provider.

The Practice does not guarantee that communications submitted through the Website will be reviewed, received, or responded to within any particular timeframe. Submission of information through the Website does not create any obligation on the part of the Practice to provide immediate medical advice, diagnosis, treatment, or intervention.

The Practice shall not be responsible for any injury, loss, delay, or damages arising from the use of the Website or its communication features for emergency or urgent medical matters.

Nothing herein is intended to limit any non-waivable duties imposed upon the Practice by Applicable Law.

6. User Accounts

Registration

Certain features of the Website or Services, including the Patient Portal, appointment scheduling, secure messaging, telehealth services, online bill payment, access to medical records, or other authenticated services, may require you to create, register for, or access a user account (“Account”).

You agree to provide complete, accurate, current, and truthful information when creating or maintaining your Account and to promptly update such information as necessary to keep it current.

Eligibility and Authorized Users

You may create and maintain only one Account for yourself unless otherwise authorized by the Practice.

If you create or access an Account on behalf of another individual, including a minor child or another person for whom you are legally authorized to act, you represent and warrant that you possess the legal authority to do so and agree to these Terms on that individual’s behalf.

Account Credentials and Security

You are responsible for maintaining the confidentiality and security of your username, password, multi-factor authentication credentials, verification codes, security questions, and any other credentials associated with your Account.

You agree to:

(a) maintain the confidentiality of your credentials;

(b) refrain from sharing your credentials with unauthorized persons;

(c) use reasonable efforts to prevent unauthorized access to your Account;

(d) promptly update passwords or other credentials if you believe they have been compromised; and

(e) immediately notify the Practice of any actual or suspected unauthorized access, disclosure of credentials, or other security incident involving your Account.

Responsibility for Account Activity

You are responsible for all activity occurring through your Account unless such activity results solely from unauthorized access caused by the Practice’s failure to implement safeguards required by Applicable Law.

The Practice may rely upon communications, requests, and instructions submitted through your authenticated Account unless the Practice has actual knowledge that your Account has been compromised.

Identity Verification

To protect patient privacy, account security, and compliance with Applicable Law, the Practice reserves the right to verify your identity before creating an Account, granting access to certain features, responding to requests, modifying account information, or providing access to Protected Health Information.

Suspension or Termination of Accounts

The Practice reserves the right to suspend, restrict, disable, or terminate your Account, with or without notice, if the Practice reasonably determines that:

(a) you have violated these Terms;

(b) your Account has been compromised or is reasonably suspected of unauthorized use;

(c) fraudulent, deceptive, unlawful, or abusive activity has occurred;

(d) continued access presents a security, privacy, operational, or legal risk;

(e) suspension or termination is necessary to comply with Applicable Law; or

(f) suspension or termination is otherwise reasonably necessary to protect the Practice, its patients, personnel, systems, or other users.

Availability of Online Accounts

The Practice does not guarantee that any Account functionality, Patient Portal feature, secure messaging service, or other authenticated service will be continuously available, uninterrupted, error-free, or compatible with every device or browser.

The Practice reserves the right to modify, suspend, discontinue, or replace any Account feature or functionality at any time, subject to Applicable Law.

Access to Medical Records

Suspension or termination of an Account does not necessarily affect your rights under Applicable Law to access your medical records, Protected Health Information, or other information maintained by the Practice through other legally available means.

7. Patient Portal

Availability

The Practice may provide access to one or more secure Patient Portals or online patient platforms operated either by the Practice or by authorized third-party service providers.

The Patient Portal is intended to facilitate certain administrative and healthcare-related services, which may include appointment scheduling, secure messaging, billing, prescription requests, medical record access, telehealth functionality, electronic forms, and other patient services made available by the Practice.

Separate Terms

Your access to and use of any Patient Portal may also be governed by additional agreements, privacy notices, acceptable use policies, business associate arrangements, or other terms imposed by the Practice or the applicable Patient Portal provider.

To the extent those separate terms govern the Patient Portal itself, they shall supplement these Terms.

User Responsibilities

You are responsible for maintaining the confidentiality of your Patient Portal credentials and for all activity occurring under your account.

You agree to:

• maintain accurate account information;
• safeguard usernames, passwords, authentication codes, and devices;
• promptly notify the Practice of any suspected unauthorized access;
• log out of shared or public devices after each session; and
• use the Patient Portal only for its intended purposes.

Appropriate Use

The Patient Portal is not intended for emergency communications.

You should not rely upon the Patient Portal for urgent or emergency medical care.

Response times may vary depending upon the nature of the communication and the Practice’s operating procedures.

Suspension

The Practice reserves the right to suspend, restrict, or terminate Patient Portal access whenever reasonably necessary to protect patient privacy, maintain system security, comply with Applicable Law, investigate suspected misuse, or otherwise protect the Practice or its patients.

8. Electronic Communications, Electronic Signatures, and Electronic Records

Electronic Communications

By accessing or using the Website, requesting an appointment, creating an account, accessing a Patient Portal, submitting information through the Website, or otherwise communicating electronically with the Practice, you consent to receive communications electronically from the Practice relating to your use of the Website, appointment scheduling, administrative matters, billing, customer service, operational notices, these Terms, the Privacy Policy, and other matters relating to the Website or the Services.

To the fullest extent permitted by Applicable Law, you agree that electronic notices, disclosures, agreements, acknowledgments, records, and other communications satisfy any legal requirement that such communications be in writing.

Electronic communications may be delivered through the Website, a Patient Portal, email, SMS text message (where authorized), or other electronic means utilized by the Practice.

Unless the Practice expressly designates a communication channel as secure, communications transmitted through ordinary email, Website contact forms, or similar electronic means may not be encrypted. You should not transmit Protected Health Information or other highly sensitive medical information through communication channels that have not been specifically designated by the Practice for secure healthcare communications.

Electronic Signatures

By clicking an acceptance button, selecting a checkbox, submitting information through the Website, requesting an appointment, creating or accessing an account, signing an electronic form, accessing a Patient Portal, or otherwise taking any action that indicates your assent or authorization, you agree that such action constitutes your electronic signature.

To the fullest extent permitted by Applicable Law, your electronic signature shall have the same legal force and effect as a handwritten signature and shall satisfy any legal requirement for a signed writing, including, where applicable, the Electronic Signatures in Global and National Commerce Act, the Uniform Electronic Transactions Act, and other applicable electronic transaction laws.

Electronic Records

You consent to the creation, use, storage, retention, and maintenance of electronic records relating to your interactions with the Website and the Services, including appointment requests, electronic communications, forms, authorizations, acknowledgments, consents, notices, billing information, and other records generated through your use of the Website.

Such records may be maintained by the Practice or its authorized service providers in accordance with Applicable Law and the Practice’s record retention policies.

Withdrawal of Consent

Where Applicable Law grants you the right to withdraw your consent to receive electronic communications or to use electronic signatures, you may do so by contacting the Practice using the contact information provided in these Terms. Withdrawal of consent will not affect the validity or enforceability of any electronic communication, electronic record, or electronic signature created before the effective date of the withdrawal and may limit or prevent your ability to access certain features or services made available through the Website.

9. Cookies, Analytics, Session Replay Technologies, and Electronic Communications

Website Technologies

To operate, maintain, secure, improve, and optimize the Website and Services, the Practice and its authorized service providers may use cookies, pixels, tags, software development kits (SDKs), application programming interfaces (APIs), local storage technologies, analytics tools, communication technologies, session replay technologies, heat mapping technologies, accessibility tools, fraud detection technologies, and similar technologies (collectively, the “Website Technologies”).

Consent to Website Technologies

By accepting these Terms and accessing or using the Website following any required notice or consent mechanism, you acknowledge and agree that the Practice and its authorized service providers may collect, receive, process, record, store, analyze, and disclose information generated through your interaction with the Website as described in these Terms and the Privacy Policy.

Such information may include, where applicable:

• browser type and version;
• operating system;
• device identifiers;
• Internet Protocol (IP) address;
• pages visited;
• navigation patterns;
• referral sources;
• click activity;
• scrolling activity;
• approximate geographic location derived from your IP address;
• appointment scheduling interactions;
• communications submitted through Website forms;
• technical diagnostic information; and
• other usage information reasonably necessary for the operation, maintenance, security, improvement, and administration of the Website.

Session Replay and Interaction Technologies

The Practice or its authorized service providers may utilize technologies that record or reconstruct portions of a user’s interaction with the Website for purposes including quality assurance, accessibility improvements, website functionality, troubleshooting, fraud prevention, cybersecurity, customer support, analytics, operational improvement, and user experience optimization.

To the fullest extent permitted by Applicable Law, and following any legally required notice or consent, you expressly consent to the use of such technologies as described herein and in the Privacy Policy.

Electronic Communications

You acknowledge that communications transmitted through Website forms, scheduling tools, chat functionality, or similar electronic communication features may be processed by authorized service providers acting on behalf of the Practice in connection with providing, maintaining, securing, or improving the Website and related Services.

Privacy Policy Controls

Additional information regarding the categories of information collected, the purposes for which such information is processed, applicable user choices, and available privacy rights is contained in the Privacy Policy.

Nothing in this Article is intended to expand the Practice’s rights beyond those permitted under Applicable Law.

10. Permitted Website Use

Limited Authorized Use

Subject to these Terms, the Practice grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Website solely for lawful, personal, and non-commercial purposes related to learning about the Practice, obtaining healthcare-related information, requesting appointments, communicating with the Practice through authorized channels, accessing patient resources, and utilizing other Website features made available by the Practice.

No ownership interest in the Website or any Content is transferred to you by virtue of your use of the Website.

Lawful Use

You agree to use the Website only in accordance with these Terms and all Applicable Law. You shall not use the Website in any manner that could damage, disable, overburden, impair, interfere with, or compromise the Website or any systems connected to the Website.

Prohibited Uses

Without limiting any other provision of these Terms, you agree that you will not:

(a) use the Website for any unlawful, fraudulent, abusive, or unauthorized purpose;

(b) attempt to gain unauthorized access to any portion of the Website, servers, databases, patient records, accounts, or networks;

(c) interfere with or disrupt the operation, integrity, or security of the Website or any related systems;

(d) upload, transmit, or introduce any virus, malware, ransomware, spyware, malicious code, or other harmful technology;

(e) use automated means, including bots, crawlers, scrapers, spiders, artificial intelligence agents, or similar technologies, to access, monitor, harvest, copy, or collect information from the Website without the Practice’s prior written consent;

(f) impersonate another individual or misrepresent your identity or authority;

(g) knowingly submit false, misleading, or inaccurate information through the Website;

(h) attempt to circumvent any security measures or authentication procedures implemented by the Practice;

(i) use the Website in any manner that infringes upon the intellectual property, privacy, publicity, or other legal rights of the Practice or any third party;

(j) copy, reproduce, distribute, modify, publicly display, publish, frame, mirror, reverse engineer, decompile, create derivative works from, or otherwise exploit the Website or its Content except as expressly authorized by these Terms; or

(k) use the Website in any manner that could reasonably interfere with another user’s access to or use of the Website.

Reservation of Rights

The Practice reserves the right, in its sole discretion and without prior notice, to investigate suspected violations of these Terms and to suspend, restrict, terminate, or block access to the Website whenever the Practice reasonably believes such action is necessary to protect the Practice, its patients, its personnel, its systems, or other users, or to comply with Applicable Law.

11. Intellectual Property

Ownership

The Website, including all Content, is owned by or licensed to us and is protected by applicable United States and international intellectual property laws.

Nothing contained on the Website shall be construed as granting any license or ownership interest except as expressly provided in these Terms.

Restrictions

Except with the Practice’s prior written consent, you may not:

• reproduce, distribute, publicly display, publish, transmit, sell, license, or exploit any portion of the Website;
• modify or create derivative works;
• reverse engineer, decompile, disassemble, or attempt to discover source code;
• scrape, crawl, data mine, harvest, or use automated means to collect Website information;
• use any Content for training artificial intelligence or machine learning models except as expressly authorized in writing;
• remove copyright, trademark, or proprietary notices;
• frame or mirror any portion of the Website;
• use the Website for any unlawful or commercial purpose not expressly authorized.

Trademarks

All trademarks, service marks, logos, and trade names appearing on the Website are the exclusive property of their respective owners. No license is granted by implication, estoppel, or otherwise.

12. Third-Party Services and External Resources

Third-Party Services

The Website may utilize, integrate with, or provide access to services, software, applications, platforms, communication tools, payment processors, scheduling vendors, analytics providers, hosting providers, mapping services, telehealth providers, patient portal providers, cloud service providers, or other third-party products and services (“Third-Party Services”).

Such Third-Party Services are provided by independent entities over which the Practice does not exercise day-to-day operational control.

External Websites

The Website may contain links to third-party websites or resources solely for user convenience.

The Practice does not endorse, guarantee, monitor, or assume responsibility for the content, accuracy, security, availability, products, services, or privacy practices of any third-party website.

Your use of any third-party website is governed by that third party’s own terms and privacy policies.

Independent Obligations

Certain Third-Party Services may require you to accept separate agreements or privacy policies before using those services.

The Practice is not responsible for your relationship with any independent third-party provider except to the extent required by Applicable Law.

Availability

The Practice makes no representation that any Third-Party Service will remain available, uninterrupted, compatible, or error-free and reserves the right to modify, replace, discontinue, or remove integrations with Third-Party Services at any time without prior notice.

Limitation

To the fullest extent permitted by Applicable Law, the Practice shall not be responsible for any loss, delay, interruption, damage, security incident, or other harm arising from the acts, omissions, products, services, systems, or operations of independent Third-Party Services, except to the extent liability cannot be disclaimed under Applicable Law.

13. Accessibility

The Practice is committed to making the Website reasonably accessible to all users and continually strives to improve the accessibility and usability of its online services.

The Practice endeavors to design, develop, maintain, and update the Website in a manner that promotes accessibility for individuals with disabilities and seeks to improve compatibility with commonly used assistive technologies.

Despite these efforts, certain portions of the Website or third-party content integrated into the Website may not always be fully accessible or may become temporarily unavailable due to maintenance, updates, or circumstances beyond the Practice’s reasonable control.

If you experience difficulty accessing any portion of the Website or require assistance obtaining information or services available through the Website, please contact the Practice. The Practice welcomes feedback regarding Website accessibility and will make reasonable efforts to address accessibility concerns in accordance with Applicable Law.

Nothing in this Section shall be construed as creating any duty or obligation beyond those imposed by Applicable Law.

14. Automated Technologies and Artificial Intelligence

Automated Technologies

The Practice may utilize automated technologies, machine learning systems, artificial intelligence (“AI”), or similar technologies to assist with the administration, operation, security, maintenance, accessibility, communications, scheduling, customer support, fraud prevention, analytics, quality assurance, documentation assistance, and improvement of the Website and related Services.

Human Oversight

Unless expressly disclosed otherwise for a particular service, the Practice does not represent that healthcare decisions are made solely through automated technologies. Clinical judgment, diagnosis, treatment recommendations, and medical decision-making remain the responsibility of appropriately licensed healthcare professionals, as applicable.

No Reliance

You acknowledge that automated technologies may produce incomplete, inaccurate, or unintended results. You agree not to rely exclusively upon information generated by automated technologies for medical decision-making and to consult an appropriate healthcare professional regarding questions relating to your health or medical treatment.

Third-Party Technologies

Certain automated technologies or AI-enabled functionality available through the Website may be provided by independent third-party service providers. Such technologies may also be governed by separate terms, privacy notices, or contractual arrangements applicable to those providers.

Modifications

The Practice reserves the right to introduce, modify, suspend, discontinue, or replace automated technologies or AI-enabled functionality at any time, with or without notice, subject to Applicable Law.

15. User Feedback and Submissions

Voluntary Submissions

The Practice welcomes comments, suggestions, ideas, recommendations, testimonials, survey responses, and other feedback relating to the Website or the Services (“Feedback”). Unless expressly requested by the Practice in connection with the provision of healthcare services, you should not submit Protected Health Information or other sensitive medical information through general feedback channels.

License to Feedback

To the fullest extent permitted by Applicable Law, if you voluntarily submit Feedback to the Practice, you grant the Practice a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, create derivative works from, and otherwise exploit such Feedback for any lawful purpose, without compensation, attribution, or further consent.

This license does not apply to Protected Health Information or other information that the Practice is required by Applicable Law to treat confidentially.

No Obligation

The Practice shall have no obligation to review, implement, respond to, or maintain the confidentiality of Feedback, except as required by Applicable Law.

Representations

You represent and warrant that:

(a) you possess all rights necessary to submit the Feedback;

(b) your Feedback does not infringe the intellectual property, privacy, publicity, or other legal rights of any third party;

(c) your Feedback is not knowingly false, defamatory, unlawful, or misleading; and

(d) your Feedback does not contain malicious software or other harmful code.

16. Security Responsibilities

Practice Security Measures

The Practice employs administrative, technical, and physical safeguards that are designed to protect information maintained through the Website in accordance with Applicable Law and industry-appropriate security practices. However, no website, electronic communication system, computer network, or Internet transmission can be guaranteed to be completely secure.

User Responsibilities

You are responsible for maintaining the security of your own devices, Internet connection, user credentials, passwords, authentication codes, and other account access information.

You agree to:

(a) use reasonable efforts to protect your login credentials;

(b) maintain current security software on devices used to access the Website, where appropriate;

(c) refrain from sharing passwords or authentication credentials with unauthorized individuals;

(d) immediately notify the Practice if you suspect unauthorized access to your account or Patient Portal; and

(e) log out of password-protected portions of the Website when using shared or public devices.

Unauthorized Activity

If you become aware of any actual or suspected unauthorized access, security incident, misuse of the Website, or compromise of your credentials, you agree to promptly notify the Practice.

User Responsibility for Devices

The Practice is not responsible for the security, integrity, availability, or operation of your personal devices, Internet service provider, wireless carrier, home network, or other systems outside the Practice’s reasonable control.

No Security Guarantee

While the Practice employs reasonable safeguards designed to protect information transmitted through the Website, the Practice does not warrant or guarantee that unauthorized access, cyberattacks, data breaches, system failures, or other security incidents will not occur.

Nothing in this Section limits any obligations imposed upon the Practice by Applicable Law regarding the protection of Protected Health Information or other information maintained by the Practice.

17. Insurance and Financial Responsibility Disclaimer

Information available through the Website regarding insurance plans, participating providers, billing, estimated charges, deductibles, copayments, coinsurance, benefits, eligibility, or coverage is provided solely for general informational purposes and may not reflect the most current information available.

Verification of insurance coverage, eligibility, benefits, prior authorization requirements, network participation, or estimated patient responsibility through the Website or by the Practice does not constitute a guarantee of insurance coverage, payment, reimbursement, or the amount ultimately owed by you or paid by your insurer.

You remain solely responsible for understanding your insurance coverage, obtaining any required referrals or authorizations, and satisfying all financial obligations arising from healthcare services provided by the Practice, except as otherwise required by Applicable Law or your applicable health benefit plan.

The Practice reserves the right to correct billing, coding, eligibility, or insurance information if inaccuracies are identified and to seek payment of any amounts lawfully owed for services rendered.

Questions regarding insurance coverage, billing, payment arrangements, or financial policies should be directed to the Practice’s billing department using the contact information provided on the Website.

18. Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRACTICE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY.

The Practice does not warrant that:

• the Website will always be available;
• operation will be uninterrupted or error-free;
• defects will be corrected;
• the Website will be free of viruses or other harmful components; or
• information on the Website will always be complete, current, or accurate.

Nothing in this Section disclaims any duty or obligation arising from the actual provision of healthcare services where such disclaimer would be prohibited by applicable law.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRACTICE, ITS AFFILIATES, PHYSICIANS, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, SUCCESSORS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS.

TO THE EXTENT PERMITTED BY LAW, THE PRACTICE’S TOTAL AGGREGATE LIABILITY ARISING FROM THE WEBSITE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:

(a) THE AMOUNT PAID BY YOU TO THE PRACTICE FOR USE OF THE WEBSITE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(b) $100.00.

THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

20. Indemnification

You agree to defend, indemnify, and hold harmless the Practice and its affiliates, physicians, providers, employees, officers, directors, agents, successors, licensors, and contractors from and against any claims, damages, liabilities, judgments, losses, costs, and reasonable attorneys’ fees arising out of or relating to:

• your violation of these Terms;
• your misuse of the Website;
• your violation of applicable law;
• your infringement of any third-party rights; or
• your negligent or wrongful conduct.

The Practice reserves the right to assume exclusive control of the defense of any matter subject to indemnification.

21. Informal Dispute Resolution

Before initiating arbitration or litigation, you or the Practice, as applicable, shall provide written notice to the other party describing the dispute in reasonable detail.

Both you and the Practice shall use good-faith efforts to resolve the dispute within thirty (30) days after receipt of such notice by the other party before commencing arbitration, except where emergency injunctive relief is sought.

22. Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY.

Except for disputes permitted to proceed in small claims court and claims seeking temporary or preliminary injunctive relief relating to intellectual property or confidential information, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Website, appointment scheduling, electronic communications, or any relationship between you and the Practice shall be resolved exclusively through final and binding arbitration.

The Federal Arbitration Act governs this arbitration agreement.

Arbitration shall be administered by the American Arbitration Association under the rules applicable at the time arbitration is commenced.

Judgment upon the arbitration award may be entered in any court of competent jurisdiction.

23. Delegation of Arbitrability

An arbitrator acting hereunder shall have exclusive authority to determine issues relating to the interpretation, applicability, enforceability, formation, scope, or validity of this arbitration agreement, including any claim that all or part of this arbitration provision is unenforceable.

24. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY.

NO CLAIM MAY BE ASSERTED AS A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR MASS ACTION UNLESS REQUIRED BY APPLICABLE LAW.

An arbitrator acting hereunder shall have no authority to consolidate claims or preside over any representative proceeding absent the written consent of all parties to the arbitration.

25. Jury Trial Waiver

If any dispute proceeds in court for any reason, each of you and the Practice knowingly, voluntarily, and irrevocably waives any right to trial by jury to the fullest extent permitted by law.

26. Governing Law and Venue

Except as governed by the Federal Arbitration Act, these Terms shall be governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

Any claim not subject to arbitration shall be brought exclusively in the state or federal courts located in Raleigh, North Carolina, and each party consents to the jurisdiction of those courts (and the appropriate appellate courts therefrom).

27. Termination and Suspension

Right to Suspend or Terminate

The Practice reserves the right, in its sole discretion and without prior notice, to suspend, restrict, terminate, or otherwise limit your access to all or any portion of the Website or Services at any time if the Practice reasonably determines that:

(a) you have violated these Terms;

(b) your use of the Website presents a security risk to the Practice, its patients, providers, personnel, systems, or other users;

(c) your use of the Website may violate Applicable Law;

(d) you have provided false, misleading, fraudulent, or incomplete information;

(e) continued access could interfere with the operation, integrity, or security of the Website or the Practice’s systems;

(f) suspension or termination is necessary to comply with legal, regulatory, contractual, accreditation, licensing, cybersecurity, or governmental requirements; or

(g) the Practice otherwise determines that suspension or termination is reasonably necessary to protect the Practice, its patients, or the public.

Effect of Termination

Upon suspension or termination:

(a) your right to access and use the Website shall immediately cease to the extent specified by the Practice;

(b) any licenses granted to you under these Terms shall automatically terminate;

(c) you shall immediately discontinue any use of the Website except as expressly authorized by the Practice; and

(d) the Practice may disable or restrict access credentials, accounts, patient portal access, or other Website functionality, subject to Applicable Law.

Termination of your access to the Website shall not affect any rights, obligations, liabilities, or remedies that accrued prior to the effective date of termination.

Website Modifications

The Practice reserves the right, at any time and without liability, to modify, suspend, discontinue, replace, or permanently remove any portion of the Website, any Website functionality, or any Services made available through the Website, with or without notice, except where Applicable Law requires otherwise.

Nothing in these Terms shall obligate the Practice to continue operating or supporting any particular Website feature, functionality, patient portal integration, communication platform, or online service.

No Waiver

The Practice’s failure to suspend or terminate access following any violation of these Terms shall not constitute a waiver of any rights or remedies available to the Practice under these Terms or Applicable Law.

28. Survival

Any provision of these Terms that, by its nature or purpose, should survive termination, expiration, suspension of access, or discontinuation of the Website shall survive and remain in full force and effect.

Without limiting the foregoing, the following provisions shall expressly survive termination:

• Definitions;
• Intellectual Property;
• Permitted Website Use;
• Disclaimer of Warranties;
• Limitation of Liability;
• Indemnification;
• Informal Dispute Resolution;
• Mandatory Arbitration;
• Delegation of Arbitrability;
• Class Action Waiver;
• Jury Trial Waiver;
• Governing Law and Venue;
• Force Majeure;
• Privacy obligations that by their nature continue following termination;
• Miscellaneous provisions, including severability, assignment, entire agreement, and interpretation; and
• Any other rights, obligations, disclaimers, representations, limitations, licenses, or remedies that expressly survive or that reasonably should survive to give effect to these Terms.

Termination of these Terms or your access to the Website shall not affect:

(a) any claim arising before termination;

(b) any obligation to preserve records where required by Applicable Law;

(c) any obligation relating to Protected Health Information or other information maintained pursuant to Applicable Law; or

(d) any rights or obligations that expressly survive or that by their nature are intended to survive termination.

29. Modification of These Terms

The Practice reserves the right to modify, amend, supplement, or replace these Terms, in whole or in part, at any time in its sole discretion, subject to Applicable Law.

Any modifications shall become effective upon posting the revised Terms on the Website unless a later effective date is expressly stated. The “Last Updated” date appearing at the beginning or end of these Terms shall indicate the effective date of the most recent revision.

Where Applicable Law requires additional notice or affirmative consent before certain modifications become effective, the Practice will provide such notice or obtain such consent in the manner required by law.

By continuing to access or use the Website after revised Terms become effective, you acknowledge that you have reviewed the revised Terms and agree to be bound by them. If you do not agree to any modification, you must discontinue use of the Website.

No employee, physician, provider, agent, or representative of the Practice is authorized to modify these Terms except through a written amendment expressly approved by the Practice.

30. Force Majeure

The Practice shall not be liable for delays or failures resulting from causes beyond its reasonable control, including natural disasters, cyberattacks, utility interruptions, governmental actions, epidemics, labor disputes, telecommunications failures, or failures of third-party service providers.

31. Beta Features

Availability of Beta Features

From time to time, the Practice may make available certain experimental, preview, pilot, beta, pre-release, or evaluation features, functionality, products, services, or tools (collectively, “Beta Features”). Participation in or access to Beta Features is entirely voluntary and may be limited to selected users.

No Obligation to Continue

Beta Features are provided for evaluation, testing, and improvement purposes only. The Practice may modify, suspend, discontinue, restrict, or remove any Beta Feature at any time, with or without notice, and without liability, except as otherwise required by Applicable Law.

Nothing in these Terms obligates the Practice to continue offering, support, or incorporate any Beta Feature into the Website or Services.

As-Is Basis

To the fullest extent permitted by Applicable Law, Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors, defects, interruptions, or other limitations not present in generally available Website functionality.

The Practice makes no representation or warranty that any Beta Feature will operate without interruption, be error-free, remain available, or be suitable for any particular purpose.

User Acknowledgment

By choosing to access or use a Beta Feature, you acknowledge and agree that:

(a) Beta Features may change frequently without notice;

(b) Beta Features may be modified, suspended, or discontinued at any time;

(c) information, functionality, or results generated through Beta Features may be incomplete, inaccurate, delayed, or unavailable; and

(d) you use Beta Features at your own discretion and subject to these Terms.

Medical Care

Nothing in this Article modifies the Practice’s obligations under Applicable Law with respect to the provision of healthcare services or the protection of Protected Health Information. Beta Features are intended solely to improve or evaluate Website functionality, administrative services, patient engagement tools, or other non-clinical aspects of the Website unless expressly stated otherwise.

32. Miscellaneous

Interpretation

These Terms shall be interpreted fairly and not for or against either you or us by reason of authorship. The words “including,” “includes,” and “such as” mean “including, without limitation.”

Headings

Headings are for convenience only and do not affect interpretation.

Assignment

The Practice may assign these Terms without restriction. You may not assign your rights or responsibilities without the Practice’s prior written consent.

Entire Agreement

These Terms, together with the Privacy Policy and any additional legal notices incorporated by reference, constitute the entire agreement between you and the Practice concerning the Website and supersede all prior understandings relating to the Website.

Waiver

No waiver by the Practice of any breach or default under these Terms shall be deemed a waiver of any preceding or subsequent breach or default. Any waiver must be in writing and signed by an authorized representative of the Practice.

Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Electronic Notice Provision

Any notice required under these Terms may be provided electronically by posting on the Website, by email, through the Patient Portal, or by other legally permissible means, except where Applicable Law requires another method of notice.

No Third-Party Beneficiaries

These Terms are solely for the benefit of you and us and do not create any rights in any third party except where expressly required by Applicable Law.

Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, agency, fiduciary, or other special relationship between you and us.

Contact Information

If you have any questions or concerns with these Terms, please contact the Practice using the below information.

Richmond Virginia Orthodontics
3400 Haydenpark Lane, Unit 201

Henrico, VA 23233
804-884-9906
info@rvorthodontics.com