Last Updated: November 20, 2019
COLLECTION AND USE OF PERSONAL INFORMATION AND OTHER DATA
Account Information: In order to use the Services, users may be required to have a valid Suite-Tooth account to log in to the Website or App (an “Account”). When you register for the Services, Suite-Tooth collects your name, email address, birth date, gender, zip code, your phone number and address, and your insurance information and information about your last dental visit (“Account Information”). Suite-Tooth will also have access to information about your use of the Services, such dental appointments made, test results, geo-location data and other information available that is combined with your Account Information. Once you create an Account with us and sign in to our Services, you are not anonymous to us.
Suite-Tooth collects Personal Information in the following general ways:
Suite-Tooth collects Personal Information you knowingly choose to submit to us through the Services, such as your name and email address.
When you access or use the Services, Suite-Tooth may automatically receive and record information on our server logs from your browser, including your IP address, cookies, and the pages you request. IP addresses are automatically reported by your browser each time you view a web page. Your IP address is stored by Suite-Tooth when you register with Suite-Tooth.
Generally, Suite-Tooth uses the Account Information (including Personal Information) to deliver the Services to you, to improve the delivery of our Services and related products and services, to conduct our business, to develop analytics and aggregated data that allow us to improve our Services and related products and services, or to correspond with you. Specifically, Suite-Tooth uses Personal Information to:
Authenticate access to the Account and provide access to the Services;
Provide, operate, maintain and improve the Services
Send technical notices, updates, security alerts and support and administrative messages
Provide and deliver the Services and features you request, process and complete transactions, and send you related information, including confirmations and invoices;
Respond to comments, questions, and requests and provide customer service and support;
Communicate with you about services, features, surveys, newsletters, offers, promotions, contests and events, and provide other news or information about us and our select partner
Investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities;
Personalize and improve the Services, and provide content, features, and/or advertisements that match your interests and preferences or otherwise customize your experience on the Services;
Monitor and analyze trends, usage, and activities in connection with the Services and for marketing or advertising purposes;
Link or combine with other information we receive from third parties to help understand your needs and provide you with better service;
Enable you to communicate, collaborate, and share files with users you designate; and
For other purposes about which we will notify you about and seek your consent.
Practice Users: Suite-Tooth makes its Website, App and the Services available to dental practices for a variety of uses described in our Terms of Service. In order to provide the Services to our dental practice clients (“Practice Users”), Suite-Tooth collects certain Personal Information such as contact and registration information from the Practice User employee signing up on behalf of the Practice User. Suite-Tooth collects and uses Practice User information the same way we collect and use Personal Information.
Prospective Customers: We collect names, email addresses and other business contact information about individuals who we consider to be prospective customers and business partners (“Prospects”). Suite-Tooth may use third-party service providers in order to collect, store and process Personal Information about Prospects. We use these third-party service providers to identify Prospects and locate contact information to contact Prospects about our products and services.
Website Visitors: As you visit or browse the Website or App, we collect information about the device and browser you use, your network connection, your IP address, and information about the cookies installed on your device. This information is logged to help diagnose technical problems for analytics and for quality control purposes. We also collect Personal Information submitted by any visitor to our Website or App through messaging features we may make available on our App or Website and use such information for the purpose of responding to your requests.
A cookie is a small amount of data, which may include a unique identifier. Cookies are sent to your browser from a website and stored on your
device. We assign a different cookie to each device that accesses our Website or App.
If you prefer, you can turn off cookies in your web browser or mobile device by changing its security settings. Please note, however, some features of Products and Services may not function properly if your cookies are disabled. You may be able to set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all the features of the Website and/or Services. We do not link any of the information we use in cookies to any personally identifiable information submitted by you when you are on the Website or App.
Suite-Tooth also combines data derived from our usage of cookies with Account Information of registered users for the purposes set out above.
At this time, this Service does not support Do-Not-Track signals.
Log Files: Like many internet and mobile services, we may automatically gather certain information about our Services traffic and store it in log files. This information includes mobile device identifiers, browser type, IP address, mobile or internet service provider, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Services, to track users’ movements around the Services, and to gather demographic information about our user base.
We also store in our log files information identifying users who have accessed data that we store about patients, and any changes they make to such data. We use this information to comply with legal obligations relating to such data and to keep a record of such changes. We may also use it to improve our Services.
We may link this automatically collected data to Personal Information. Device identifiers may be tied to Personal Information to troubleshoot access issues.
We may use third-party tracking services that use log files, cookies, and possibly other techniques to track non-Personal Information about visitors to the Services in the aggregate. These services capture usage and volume statistics as well as geographical location data to compile usage reports and maps for optimization and troubleshooting purposes.
STORAGE LOCATION AND TRANSFER OF PERSONAL INFORMATION
Suite-Tooth processes and stores its data, including Personal Information, on cloud servers located in North America. Suite-Tooth also transfers data, including Personal Information and Protected Health Information, to third-party service providers as described herein.
By submitting Personal Information or otherwise using the Services, you agree to this transfer, storing or processing of your Personal Information in the United States. You acknowledge and agree that your Personal Information may be accessible to law enforcement and governmental agencies in the United States under lawful access regimes or court order.
DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
Your Consent to Share: By providing any Personal Information to us, you fully understand and unambiguously consent to the transfer of such Personal Information and the collection and processing of such Personal Information to affiliated or partnered heath care providers, third party healthcare providers, technology providers, credit card processing vendors, or other third parties as described in the Terms of Service. We may share aggregated data to conduct our business, improve the delivery of our Services, to develop analytics, and to enable us and our partners to improve and promote our products and services.
Authorization: You represent and warrant that you have permission to share any information you elect to provide Suite-Tooth, you consent to such information being shared with third parties, and that such information is accurate, current, non-misleading, and consistent and relevant for the purpose for which you are providing information.
Processing of Medical Practice Data: As a service provider to our Practice Users we collect and analyze data related to our dental practice customers on their behalf. In this role, Suite-Tooth is processing data upon instruction from such clients. This data is shared only with the relevant client.
Service Providers and Business Partners: We may from time to time employ third parties to perform tasks on our behalf and we may need to share Account Information and other Personal Information with them to provide certain services. Unless we tell you differently, such third parties do not have any right to use the Personal Information we share with them beyond what is necessary for them to provide the tasks and services on our behalf. We currently engage third party companies and individuals employed by us to facilitate our Services, including the provision of maintenance services, database management, Web analytics and general improvement of the Services, and businesses who engage our Services (to the extent provided for above).
Business Transfers: If our business (or substantially all of our assets) are acquired by a third party, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information may be made available or otherwise transferred to the new controlling entity, where permitted under applicable law, for their use. You hereby consent to the transfer of your Personal Information and the use thereof (to the same extent permitted herein and in the Terms of Service) to such new controlling entity, to the fullest extent permitted under applicable law.
As Required by Law: We may disclose Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other end users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. Further, we may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce our contracts or user agreement, including investigation of potential violations hereof; and (iii) detect, prevent, or otherwise address fraud, security or technical issues. We may disclose Personal Information if we believe it is necessary to investigate potential violations of our Terms of Service, or to enforce those Terms of Service. The above may include exchanging information with other companies and organizations for fraud protection and spam/malware prevention. Notwithstanding the general terms of this policy, the collection, use, and disclosure of Personal Information may be made outside of the terms herein to the extent provided for in any applicable privacy or other legislation in effect from time to time, or pursuant to court orders.
ACCESS, CORRECTION AND ACCURACY
You have the right to access the Protected Health Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances, and as permitted under law, we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
To “opt-out” of (1) any consents previously given to us, (2) receiving communications from us, or (3) having Personal Information disclosed to third parties, send an e-mail to email@example.com. Notwithstanding this right to request to cease receiving communications from us and to have us not share Personal Information with third parties, we retain the right to collect, maintain and process information provided by and collected about you on and through the Services, and disclose such information to comply with its reasonable business and legal obligations.
Suite-Tooth does not knowingly solicit or collect data from children nor knowingly market to anyone under the age of 18. If you are under the age of 13, you are explicitly not authorized to use this Service. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian. If you become aware that your child has provided us with Personal Information without your consent, please contact us at firstname.lastname@example.org. If we become aware that a child under 18 has provided us with Personal Information without a parent or guardian’s consent, we will take reasonable steps to remove such information from our systems and terminate the applicable account.
TERMS OF SERVICE
Please also visit our applicable Terms of Service, which govern the use of our Services.
Terms of Service
Effective Date: November 20, 2019
Welcome to Suite-Tooth!
Suite-Tooth, Inc. (“Suite-Tooth,” “we,” “us,” “our”) provides its services (described below) to you through its website located at (the “Website”) and through its mobile applications (the “App”) and related services (collectively, such services, including any new features and applications, and the Website and the App, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SUITE-TOOTH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. BY USING THE WEBSITE AND/OR THE APP, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF SERVICE, PLEASE DO NOT USE THESE SERVICES.
Access and Use of the Service
Services Description: Suite-Tooth (a) provides web and app-based dental concierge and/or referral service via use of Suite-Tooth’s application or website; (b) arranges for the provision of dental care services, which may be scheduled, coordinated or provided via Suite-Tooth’s application or website; and (c) provides e-health record storage for users.
Medical Advice Disclaimer: Any information made available through the Service is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through the Service is for general information purposes only. Suite-Tooth makes no representation and assumes no responsibility for the accuracy of information contained on or available through the Service, and such information is subject to change without notice. If you are a patient using the Services, you are encouraged to confirm any information obtained from or through the Service with other sources, and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICE.
Suite-Tooth is not authorized to provide direct services requiring professional licensure. Suite-Tooth does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, Service, opinions, health care providers or other information that may be contained on or available through the Service. SUITE-TOOTH IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER THIRD PARTY INFORMATION, SITE OR PRODUCTS THAT YOU OBTAIN THROUGH THE SERVICE.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account, whether conducted by you, your organization, employees, or authorized agents. Suite-Tooth is entitled to act on instructions received under your password. You agree to (a) immediately notify Suite-Tooth of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Suite-Tooth is not responsible for any actions taken or transactions made to or from your accounts by any other party using your password, and Suite-Tooth will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to the Service: Suite-Tooth reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, to the extent permitted by applicable law. You agree that Suite-Tooth will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage of Your Information: You acknowledge that Suite-Tooth may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Suite-Tooth’s servers on your behalf. You agree that Suite-Tooth shall not be liable for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Suite-Tooth reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Suite-Tooth reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (a) the ability to upload content to the Service via a mobile device, (b) the ability to browse the Service and the Website and the App from a mobile device and (c) the ability to access certain features on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Suite-Tooth and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Suite-Tooth account information to ensure that your messages are not sent to the person that acquires your old number.
When you use the Service or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By using the Service, you acknowledge and agree that Suite-Tooth may send e-mails relating to your account. You can opt out of your subscription to Suite-Tooth’s e-mail services at any time by logging in to the Service and changing your notification preferences. You can also unsubscribe to special promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications under opt-in preferences.
By using the Website and/or the App and opting to receive emails, text messages, and electronic communications, you acknowledge and agree that Suite-Tooth will be transmitting certain protected health information (“PHI”) as that term is defined under HIPAA, electronically. You acknowledge and agree that while Suite-Tooth takes commercially reasonable steps to protect the privacy and security of PHI, no system is completely secure. You may choose not to receive emails or text messages by unsubscribing. Practice Users shall use the Services, including as relates to the disclosure and transmission of PHI, in compliance with applicable law.
You acknowledge and agree that you are solely responsible for providing Suite-Tooth with accurate contact information, including your mobile device number and email address, where we may send communications containing PHI. Suite-Tooth is not responsible for user errors and omissions.
Health Related Information
Health Related Content: Any health-related content, information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material residing on the Service describes general principles of health care that should not be construed as specific instructions for individual patients and is for general information purposes only. It is not intended as a substitute for a consultation between patients and their health care provider, and should not be used to diagnose or treat a health problem without consulting a qualified health care provider. It is for reference only and should not be used to determine treatment for specific medical conditions—only a health care provider can do that. You understand and agree that in no event will Suite-Tooth be liable for any decision made or action taken in reliance on the information contained on, or accessible through, the Service. Reliance on any information provided by, or otherwise appearing on, the Service is solely at your own risk. Suite-Tooth makes no representation and assumes no responsibility for the accuracy of information contained on or available through the Website and/or the App, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through the Website and/or the App with other sources, and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE WEBSITE AND/OR THE APP.
Medical Advice Disclaimer: AS FURTHER SPECIFIED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT SUITE-TOOTH DOES NOT PROVIDE ANY MEDICAL DIAGNOSIS OR TREATMENT SERVICES OR ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS REGARDING ANY MEDICAL INFORMATION THAT YOU MAY OBTAIN THROUGH THE WEBSITE, APP AND/OR THE SERVICES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICE. IF YOU THINK YOU OR SOMEONE USING THE SERVICES MAY HAVE A MEDICAL EMERGENCY, CALL A DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.
NO HEALTH CARE PROVIDER/ PATIENT RELATIONSHIP IS CREATED BETWEEN SUITE-TOOTH AND AN INDIVIDUAL WHEN AN INDIVIDUAL USES THE SERVICES. SUITE-TOOTH IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER THIRD PARTY INFORMATION, WEBSITE, PRODUCT, OR SERVICE THAT IS PURCHASED OR ACCESSED THROUGH THE WEBSITE OR THE APP.
Conditions of Use
User Conduct: You agree to use the Services only as directed and approved by Suite-Tooth. Suite-Tooth reserves the right to investigate and take appropriate legal action against anyone who, in Suite-Tooth’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:
email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Suite-Tooth, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Suite-Tooth or its users to any harm or liability of any type;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
violate any applicable local, state, national or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
do anything that Suite-Tooth determines, in its sole discretion, is improper;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
Fees: To the extent the Service or any portion thereof is made available for any fee, whether you are a patient or a Practice User, you will be required to select a payment plan and provide Suite-Tooth with information regarding your credit card or other payment instrument. You represent and warrant to Suite-Tooth that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. To the extent any fees are charged, you agree to pay Suite-Tooth the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize Suite-Tooth to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Suite-Tooth know within sixty (60) days after the date that Suite-Tooth charges you. We reserve the right to change Suite-Tooth’s prices for the Services, unless otherwise explicitly agreed to by Suite-Tooth in writing. If Suite-Tooth does change prices, Suite-Tooth will provide notice of the change on the Service or in email to you, at Suite-Tooth’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Suite-Tooth’s net income.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
US Use Only; Governing Law: This Service is hosted in the United States and are intended only for users located in the United States. Suite-Tooth makes no representation that the materials are appropriate or available for use outside the United States. If you access our Service from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of our Services.
Note also that information submitted by you to us may be transmitted to and shared with third parties located in other countries, in order to provide Services to you.
Commercial Use: The Service is for your personal use only, or if you are a Practice User, for your internal business purposes only. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Third Party Distribution Channels
Suite-Tooth offers Software applications that may be made available through the Apple App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Suite-Tooth and you acknowledge that these Terms of Service are concluded between Suite-Tooth and you only, and not with Apple Inc. (“Apple”), and that as between Suite-Tooth and Apple, Suite-Tooth, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Suite-Tooth’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Suite-Tooth and you acknowledge that Suite-Tooth, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Suite-Tooth and Apple, Suite-Tooth, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Suite-Tooth as follows:
Suite-Tooth, Inc., Inc.
160 W. 87th Street, Suite 9D
New York, NY 10024
Suite-Tooth and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Suite-Tooth, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Suite-Tooth from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Suite-Tooth, our affiliates and our partners or licensors, as applicable (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Suite-Tooth.
The Suite-Tooth name and logos are trademarks and service marks of Suite-Tooth (collectively the “Suite-Tooth Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Suite-Tooth. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Suite-Tooth Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Suite-Tooth Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Suite-Tooth be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Suite-Tooth does not pre-screen content, but that Suite-Tooth and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Suite-Tooth and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Suite-Tooth, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Suite-Tooth are non-confidential and Suite-Tooth will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Suite-Tooth may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Suite-Tooth, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
To provide and process the Services to you, Suite-Tooth shares your personally identifiable information with our authorized service providers that perform certain services or functions on our behalf, including health care providers. Suite-Tooth may be required by law to disclose information you have provided in using any of the services on the Website and/or the App. Suite-Tooth may also disclose information where someone poses a threat to Suite-Tooth’s interests (such as user fraud) or whose activities could bring harm to others. In addition, it may be necessary in the reasonable opinion of officials of Suite-Tooth that certain information be provided to third parties, such as law enforcement authorities or governing bodies for a particular health care provider. In the event that Suite-Tooth receives a court order to disclose information on the Website and/or the App about you or your activities on the Website and/or the App, you agree that such information may be disclosed.
You may request that we update or change the information you provided to us or to receive a copy of the information we have stored by emailing us at info@Suite-Tooth.com or by updating the information in your Member profile. We will make every reasonable effort to honor your wishes, or provide you with an explanation of why we cannot make the changes requested. We may request proof of identity before updating any information.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Suite-Tooth has no control over such sites and resources and Suite-Tooth is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Suite-Tooth will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Suite-Tooth is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
Unless otherwise explicitly agreed to in writing by Suite-Tooth, you agree to release, indemnify and hold Suite-Tooth and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. IN NO EVENT WILL YOU HAVE ANY OBLIGATION TO INDEMNIFY ANY INDEMNITEE FOR ANY LOSS, LIABILITY OR EXPENSE ARISING FROM ANY NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, WILLFUL, FRAUDULENT OR INTENTIONAL CONDUCT COMMITTED BY ANY INDEMNITEE. ANY OBLIGATION TO INDEMNIFY AN INDEMNITEE FOR ANY LOSS, LIABILITY OR EXPENSE ARISING FROM ANY NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, WILLFUL, FRAUDULENT OR INTENTIONAL CONDUCT COMMITTED BY ANY INDEMNITEE IS NOT ENFORCEABLE AGAINST ANY VISITOR OF THE SERVICES FROM NEW JERSEY.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SUITE-TOOTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SUITE-TOOTH MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY SUITE-TOOTH, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUITE-TOOTH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUITE-TOOTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SUITE-TOOTH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SUITE-TOOTH IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION AND RELEASE”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” Except as expressly agreed to in writing by Suite-Tooth, you agree that any and all disputes or claims that have arisen or may arise between you and Suite-Tooth, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Except as expressly agreed to in writing by Suite-Tooth, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Suite-Tooth are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator as set forth below, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND SUITE-TOOTH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SUITE-TOOTH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
Suite-Tooth is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@Suite-Tooth.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute (“Notice”). The Notice to Suite-Tooth should be sent to Suite-Tooth, 160 West 87th Street, Suite, 9D, New York, NY 10024 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Suite-Tooth and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Suite-Tooth may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Suite-Tooth or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Suite-Tooth is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator administered by JAMS in accordance with JAMS’ Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this Section, and as of the date of this Agreement). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. For information on JAMS, please visit its website, https://www.jamsadr.com/. Information about the JAMS Rules and fees for disputes can be found at JAMS’ relevant page, https://www.jamsadr.com/rules-download/. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Suite-Tooth and you agree otherwise, the seat of arbitration shall be New York, New York. If your claim is for $10,000 or less, Suite-Tooth agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Suite-Tooth will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Suite-Tooth will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Suite-Tooth will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the JAMS Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, Suite-Tooth agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Suite-Tooth written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Suite-Tooth, in its sole discretion, to the extent permitted under applicable law, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Suite-Tooth believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Suite-Tooth may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Suite-Tooth may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service, to the extent permitted under applicable law. Further, you agree that Suite-Tooth will not be liable to you or any third party for any termination of your access to the Service.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may also contact us at info@Suite-Tooth.com.
Questions? Concerns? Suggestions?
Please contact us at info@Suite-Tooth.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.