Rinse Dental Inc. (“Rinse,” “we,” “us,” or “our”), oversees this website and the Rinse Dental Application (“App”), including the Services underlying this website and the App and the content appearing therein, https://www.rinse.dental (collectively, the “Site”). These Terms (“Terms”) are applicable to you (“user,” “you,” or “your”). The terms contained herein apply to all users of this Site. We offer oral healthcare services and various oral hygiene products to provide you with a hassle-free, personalized and straightforward dentist experience (collectively, the “Services”). Any new features or tools which are added to the current Services shall be also subject to these Terms.
Note that these Terms may be updated from time to time by posting updates and changes to the Site. You are advised to check the Terms from time to time for any updates or changes that may impact you, and if you do not accept such amendments, you must cease using the Services. Your continued use of the Site after we have made updates to the Terms is considered your acceptance of those updates. For clarity, all updates are effective immediately when posted. It is your responsibility to check the Terms periodically for updates.
Access to certain portions of the Site is restricted to registered Users. You might be required to provide your name, telephone number(s), e-mail, and/or street address, credit card number, debit card number, charge card number, or other payment information, as well as and other personally identifiable information (“Personal Data”), when you register, make a purchase from our online store, sign up for an appointment, request to be on our mailing list, or allow us to check your insurance eligibility (collectively, “Provide Your Information”). By providing such information, you acknowledge and agree that We may, and You specifically authorize us, or permitted third parties, to process all transactions related to this Site and its operation, including without limitation purchases and/or registration for products and/or services on this Site. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your account/profile.
a. Registration and Security. You agree, represent, warrant, and guarantee that all Personal Data provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when you Provide Your Information. When you create an account (“Account”) and subsequently log in, you will be asked to choose a password.
You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any and all activities, content or actions taken under your Account, whether or not you have authorized such activities, content or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account (for example, your password has been lost or stolen, someone has attempted to use the Services or the Site through your Account without your consent or your Account has been accessed without your permission). We strongly recommend that you do not use the Services or access the Site on any public computer. We also recommend that you do not store your password through your web browser or other software.
b. Limitations on Use. The Site may be used and accessed for lawful and authorized purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Site and its Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site and/or the Services:
ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE OR SITE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THIS SITE OR TO REMOVE OR RETAIN THE MATERIALS ON THE SITE, UNLESS OTHERWISE AGREED.
c. Cancellation and Account Deletion.
You may cancel your Account at any time by emailing us at firstname.lastname@example.org. At cancellation, your Account will be inactivated and you will no longer be able to log into your Account. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, in our sole and absolute discretion. The inclusion of any products or Services on the Site at a particular time does not imply or warrant that these products or Services will be available at any time. We reserve the right to discontinue any product at any time. Any offer for any product made on the Site is void where prohibited. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCT(S) AVAILABLE FOR PURCHASE SHALL MEET YOUR EXPECTATIONS.
g. Appointment Cancellation.
You may cancel or change any appointment up to twenty-four (24) hours before your appointment is scheduled to begin without any additional charge. Any cancellation or change made within twenty-four (24) hours of your appointment will be considered “Late.” We charge a fee of Fifty U.S. Dollars and No Cents ($50.00) for Late cancellations and a fee of One Hundred U.S. Dollars and No Cents ($100.00) for no-shows.
h. Links to Third-Party Websites.
The Site may contain links to other websites on the Internet, and which are not maintained by us. When you leave the Site, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. Other websites are not under our control, and you acknowledge that we shall not be responsible or liable for any of the text, images, videos, content, or any other content or information from a third-party website. You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.
i. Reliance on Information Posted.
We reserve the right to modify the Site in our sole discretion without notice. We may make these modifications at any time and for any reason without prior notice. We will not be liable if, for any reason, any part of the Site, or the entire Site, is unavailable for any period of time. Periodically, we may restrict access to portions of the Site, or the entire Site. You assume any and all risk for decisions based on information contained within the Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Site or Services by you or any other user of the Site, or by anyone who may be informed of the Site or Services.
j. Exiting This Site.
You agree to sign out of your Account, each time you prepare to leave the Site.
You are solely responsible for all of your activity while using the Site.
a. As a condition of use of the Site, you represent and warrant that you shall not use the Site for any purpose that is unlawful, illegal, or unauthorized by these Terms. You agree to abide by all applicable federal, state, local, rules, or regulations (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries and all applicable state privacy laws).
b. You also agree that you will not attempt to re-sell, rent, lease, charge, distribute, transfer, or share any of the rights that you receive hereunder.
c. You will not use, choose, or select the username of another party with the intent to impersonate that party, to otherwise deceive us or any party, or to otherwise engage in fraudulent behavior.
d. You will not use, choose, or otherwise select the username that is subject to the rights of another party, without that party’s express authorization.
e. You will not use, choose, or otherwise select a username containing any terms, which would be vulgar, obscene, lewd, or otherwise offensive in nature.
You agree to maintain a positive sense of decorum in all of your interactions on the Site. You agree to maintain a courteous and professional rapport with other users, including but not limited to, avoiding profanity, rudeness, insults, scandalous words or actions, or otherwise inappropriate behavior, during your use of the Site.
The Site and any and all intellectual property, trademarks, service marks, information, date or other materials made available to you in connection with these Terms, together with the design of the Site and all text, scripts, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) (the “Materials”) are the sole and exclusive property of Rinse, our licensors, or other providers, and are available to you solely for purposes of your use of and access to the Site in accordance with these Terms. For purposes of clarity, Rinse owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all Materials entered and stored within the Site database(s), as part of the Site. The Materials, collectively, are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws under the United States and foreign laws and international conventions. All of the Materials are copyrighted material and is protected by the Copyright Act of 1976, as amended. All rights, title, and interests in and to the Site and all copyrights, trade secret rights, patents, trademarks, and any other intellectual property or proprietary rights in and to the Site shall at all times remain the exclusive property of Rinse and/or its licensors. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any Materials on the Site without our prior, express, and written permission.
You do not and will not acquire any intellectual property rights in the Site, including but not limited to the Services, by your use of the Site. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Site (including, to download and use the App on your mobile device in object code form) and to download and print any Materials provided by us, solely for your personal and non-commercial purposes. Nothing in these Terms shall transfer to you any right, title or interest in or to any Materials, except for the limited license expressly granted in the preceding sentence.
To use the App, you must have a compatible mobile device. Rinse does not warrant that the App will be compatible with your mobile device. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for using the App. You agree that you are solely responsible for any applicable charges. We may update the App and may automatically, electronically update the version of the App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms will apply to all updated versions of the App. Any third-party open source software included in the App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms does not apply to your use of software obtained from a third-party source under an open source license.
Users may not violate the intellectual property rights of others, including but not limited to, using the Site to infringe upon the copyright, trademark, trade secret, or patent rights of any other party. If any party alleges intellectual property right infringement against a user of the Site, we reserve the right to terminate or suspend any allegedly infringing Account, conduct our own investigation, and comply with any applicable copyright, trademark, trade secret, or patent law, such as the Digital Millennium Copyright Act of 1998 (“DMCA”), the Lanham Act, and other applicable federal or state intellectual property laws. If you believe that a user of the Site is infringing your intellectual property rights, PLEASE SEND NOTICE OF THIS ACTION TO RINSE, IMMEDIATELY, in accordance with our DMCA Policy, outlined here.
a. Your Responsibility. When you post or otherwise submit information to the Site, you represent and warrant that you have ownership, authority, or permission to post the information. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE THE SOLE OWNER OF SUCH INFORMATION. You agree that you will not submit, post, upload, transmit or otherwise provide any information to the Site, in any format, including but not limited to text, image, video, content or audio (“User-Submitted Content”), that you do not own.
b. YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT UPLOAD, PLACE, POST, TRANSMIT OR OTHERWISE PROVIDE ANY USER-SUBMITTED CONTENT THAT INFRINGES THE RIGHT(S) OF ANY OTHER PARTY. You further agree that you will indemnify, defend, and hold harmless Rinse from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation, reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation regarding User-Submitted Content and a third party’s proprietary or intellectual property rights.
c. A user May Not: (a) copy, download, publish, distribute, repost, or reproduce any Materials contained on the Site in any form without the prior written consent of Rinse; or (b) remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, warranties, disclaimers, or intellectual property rights, proprietary rights, or other symbols, notices, or marks herein; (c) copy, distribute, or reproduce any aspect of the Site or the information contained therein; (d) modify, correct, adapt, translate, enhance, or otherwise prepare derivative works, or improvements of any products, product designs, or Services featured on the Site; or (e) reverse engineer, disassemble, decompile, decode, or adapt any products, product designs, or Services featured on the Site.
d. User-Submitted Website Content and License of Intellectual Property Rights. You grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to copy, publish, display, reproduce, or otherwise use in any manner, all of the User-Submitted Content that you put into the Site.
THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RINSE TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE OR INFORMATION FOUND ON THIS SITE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, OPERATIONAL, SECURE, ERROR-FREE, VIRUS FREE OR THAT ANY ERRORS WILL BE CORRECTED.
You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from the Site to reconstruct any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.
Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.
You acknowledge that you are responsible for any actions you take while on the Site. You recognize that your use of the Site and any subsequent actions arising from your use of the Site are taken solely at your own risk.
IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND RINSE, OR ONE OF ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOUR USE OF THE SITE OR $100.00, WHICHEVER IS LESS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
If you are a resident of the State of New Jersey, to the extent New Jersey law prohibits the limitations and/or exclusions of liability set forth in these Terms, such limitations and/or exclusions shall not apply to you.
Any claim or cause of action arising out of or related to your use of the Site, these Terms, or your use of Materials made available through or on the Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Rinse to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
The Site is controlled and offered by Rinse from its facilities in the United States of America. Rinse makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You will indemnify, defend, and hold harmless Rinse our licensors and affiliates, and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:
For purposes of clarity, these indemnification obligations apply to your use of the Site, along with your use of the Materials and Services, other than as expressly authorized in these Terms, your use of any information obtained from the Site, and any information you provide to the Site.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You expressly waive and give up all rights and benefits under California Civil Code Section 1542 and any law or legal rule of similar effect in any other state or territory with respect to the releases granted by you in these Terms, including but not limited to the release of unknown and unsuspected claims granted in these Terms. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
We are required to comply with federal healthcare privacy and security rules, such as the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health (“HITECH”) Act, when receiving and processing your Protected Health Information (“PHI”). When you receive any health-related services from us, you will be required to acknowledge our Notice of Privacy Practices, located here , and you will be required to provide agreement to our Consent Form.
If you are using the App on an iOS device, the terms of this Section 11 apply. You acknowledge that these Terms is between you and Rinse only, not with Apple, and Apple is not responsible for the Services. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of Section 11 of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 11 of these Terms against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1, Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
These Terms shall be construed, governed, and enforced under the laws of the United States and the State of California (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to these Terms, shall be in the United States District Court of California and of any California state court sitting in San Francisco County, CA. Each party to these terms waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Notwithstanding the foregoing, you hereby agree that any dispute arising out of or relating in any way to these Terms or your use of the Site and/or any information, products, Materials or Services you obtain from us requires that such claim be resolved exclusively by confidential binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in a court of competent jurisdiction in the State of California. The arbitration shall be conducted before three neutral arbitrators in San Francisco, California, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.
BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the non-exclusive jurisdiction of the state or federal courts located in San Francisco, CA for any action (a) to compel arbitration, (b) to enforce any award of the arbitrators, (c) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, or (d) to enforce our intellectual property rights, and (ii) to service of process in any such action by registered mail or any other means provided by law. Should this section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in San Francisco County, CA.
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision.
We will make changes to these Terms from time to time. The date that these Terms were last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit the Site and these Terms to check for any changes.
To ask questions or comment about these Terms, you may contact us at:
E-mail Address: email@example.com
Mailing Address: Attn: Website Terms Inquiry, 2261 Market Street #4502 San Francisco, CA 94114
These Terms, along with all of its subparts, as revised and amended from time to time, represent the entire understanding and complete agreement by and among you and Rinse concerning the matters set forth herein and govern your use of the Site, Services and your Account, superseding any prior agreements between you and Rinse (including, but not limited to, any prior versions of these Terms).
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, AND YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS HEREIN.