Clear Aligner Advisor Terms of Use and Consumer
Agreement
PLEASE REVIEW THIS AGREEMENT CAREFULLY. THIS AGREEMENT DEFINES
AND CONTROLS THE RELATIONSHIP BETWEEN YOU AND CLEAR ALIGNER
ADVISOR AND CAN IMPACT YOUR RIGHTS.
This Agreement (the “Agreement”) is a legal contract between You, an individual user (the
“Customer,” “You,” or “Your”), and DoctorAviDDS, PLLC, Dba Clear Aligner Advisor, a Texas
professional limited liability company (“Clear Aligner Advisor”) for use of and access to this website
(the “Website”) and certain live and recorded videos, strategies, and intellectual information made
available through the Website (the “Products”).
1. General Provisions
By clicking on the “I ACCEPT” button or by copying, downloading, accessing, or otherwise
using the Product(s), Customer agrees to be bound by the terms of this Agreement.
By clicking on the “I ACCEPT” button or by copying, downloading, accessing, or otherwise
using the Product(s), You represent and warrant that You are an individual acting in Your own capacity,
and not acting on behalf of or for the direct benefit of any legal entity. If Customer is acting on behalf of
or intends to act on behalf of any entity or does not wish to be bound by the terms of this Agreement, such
individual must click the “I DO NOT ACCEPT” button, and/or must not install, access or use the
Product(s). The Effective Date of this Agreement is the date Customer clicks “I ACCEPT” or copies,
downloads, accesses, or otherwise uses the Product(s).
Access to the Website and the Products are offered and made available only to users who are duly
authorized to practice dentistry in the United States, including being licensed and in good standing as a
Doctor of Dental Surgery, Doctor of Medicine in Dentistry, or Doctor of Dental Medicine in their
respective jurisdiction of practice and reside in the United States or any of its territories or possessions.
By clicking “I ACCEPT” You represent and warrant that You meet all of the foregoing eligibility
requirements. If You do not meet all of these requirements, You must click “I DO NOT ACCEPT” and
You must not access the Website or use the Products.
2. Payment and Term
Trial Period: Your enrollment in the Case Review Portal includes a trial period of 14 days, starting from the date of activation. During this trial period, you will have access to the services and benefits associated with the Case Review Portal, as described in the program details.
Cancellation: You have the right to cancel your subscription at any time, without any penalties or fees. To cancel your subscription, you can do so manually in your account settings under billing information
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By enrolling in the Case Review Portal trial, you agree to these terms and conditions regarding your subscription and billing. You shall have no
rights to access the Website or Products until You accept this Agreement.
The term of this Agreement shall be 24 months from the date You click “I ACCEPT” (“Effective
Period”) unless You enter into a new contract with Clear Aligner Advisor at or after the conclusion of the
Effective Period.
Clear Aligner Advisor may terminate Your access to the Website or Products at any time, without
notice, if Clear Aligner Advisor has reason to believe, in good faith, that You are or are attempting to
violate any term of this Agreement. Under such circumstances, Clear Aligner Advisor shall be under no
obligation to return the Payment Amount of any portion thereof.
Clear Aligner Advisor’s termination of this Agreement for any reason is independent of
any other rights and remedies available to Clear Aligner Advisor under this Agreement or
prevailing law.
- Patient Identifiers and Privacy Concerns
By using the Case Review Portal provided by Clear Aligner Advisor, you agree to adhere to the following terms regarding the privacy and security of patient information:
Patient Identifiers: When uploading photos or cases to the Case Review Portal, you are required to remove any and all patient identifiers, including but not limited to names, birthdates, contact information, or any other details that could be used to identify a patient. Patient confidentiality is of utmost importance, and it is your responsibility to protect this information.
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Legal Liability: You understand and acknowledge that Clear Aligner Advisor cannot guarantee the absolute security of the portal and the information shared within. Therefore, in the event that any patient identifiers are uploaded and shared, you accept full legal liability for any potential breaches of patient privacy and confidentiality.
Privacy Compliance: You agree to comply with all applicable laws and regulations governing patient privacy and data protection, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA) in the United States, and any similar laws in your jurisdiction. You are solely responsible for ensuring that your use of the Case Review Portal complies with these regulations.
Secure Communication: Clear Aligner Advisor has implemented reasonable security measures to protect the data shared within the portal, but it is essential to exercise caution and ensure secure communication. While we make every effort to maintain the security of the portal, you acknowledge that the transmission of data over the internet always carries some risk, and you use the portal at your own discretion.
By using the Case Review Portal, you agree to these terms concerning patient identifiers and privacy concerns.
4. Ownership
The Products, this Website and its entire content, features, and functionality (including,
but not limited to, all intellectual and industry information, software, text, displays, images,
video, and audio, and the design, selection, and arrangement thereof) are owned by Clear
Aligner Advisor, and/or its affiliates, or other providers of such material, and are protected by
United States and international copyright, trademark, patent, trade secret, and other intellectual
property or proprietary rights laws.
This Agreement permits You to use the Products and this Website for Your personal, non
commercial use only. You must not reproduce, distribute, modify, create derivative works of,
publicly display, publicly perform, republish, download, store, or transmit any of the material on
our Website, except as follows:
* Your computer may temporarily store copies of such materials in RAM incidental to Your
accessing and viewing those materials.
* You may store files that are automatically cached by Your Web browser for display
enhancement purposes.
You must not access or use for any commercial purposes any part of the Website or any
services or materials available through the Website.
You must not print, copy, modify, download, or otherwise use or provide any other person
with access to the Products or any part of the Website. If You print, copy, modify, download, or
otherwise use or provide any other person with access to the Products or any part of the Website,
You are in breach of this Agreement, Your right to use the Website ceases immediately, and You
must, at our option, return or destroy any copies of the materials You have made. You may also be
subject to additional legal action by Clear Aligner Advisor. No right, title, or interest in or to the
Website or any content on the Website is transferred to You, and all rights not expressly granted
are reserved by the Clear Aligner Advisor. Any use of the Products or Website not expressly
permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark,
and other laws and subject You to liability.
5. Prohibited Uses
You may use the Products and Website only for lawful purposes and in accordance with
this Agreement. You agree not to use or attempt to use the Products or Website:
’ In any way that violates any applicable federal, state, local, or international law or
regulation.
• To impersonate or attempt to impersonate Clear Aligner Advisor or a Clear Aligner Advisor
employee.
’ In lieu of formal ongoing education necessary for the continued renewal of your
professional license.
Additionally, You agree not to:
• Use any manual process to monitor or copy any of the material on the Website, or for any
other purpose not expressly authorized in this Agreement without our prior written
consent.
• Use any device, software, or routine that interferes with the proper working of the
Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is
malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Website, the server on which the Website is stored, or any server, computer, or database
connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
6. Indemnification. Limitation of Liability. Disclaimers, and Waivers
You agree to defend, indemnify, and hold harmless Clear Aligner Advisor, its affiliates,
licensors, and service providers, and its and their respective officers, directors, employees,
contractors, agents, licensors, suppliers, successors, and assigns from and against any claims,
liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable
attorneys’ fees) arising out of or relating to Your violation of this Agreement or Your use of the
Products or Website, including, but not limited to, any use of the Website’s content, services, and
products other than as expressly authorized in these this Agreement, or Your use of any
information
obtained from the Website. This indemnity includes, without limitation, any claim for personal
injury asserted against Clear Aligner Advisor associated with services rendered by You.
IN NO EVENT SHALL CLEAR ALIGNER ADVISOR BE LIABLE TO YOU FOR
ANY LOSS OF PROFIT OR INCOME OR FOR ANY CONSEQUENTIAL, INCIDENTAL,
OR SPECIAL DAMAGE, WHETHER IN AN ACTION FOR CONTRACT OR TORT OR IN
CONNECTION WITH THIS AGREEMENT, EVEN IF CLEAR ALIGNER ADVISOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
CLEAR ALIGNER ADVISOR’S CUMULATIVE LIABILITY TO YOU UNDER OR
RELATED TO THIS AGREEMENT EXCEED THE PAYMENT AMOUNT IN SECTION 2.
By clicking “I ACCEPT”, You acknowledge and agree that:
’ Medical and dental procedures, including those that may be depicted, described,
incorporated in, or otherwise referred to on the Website and in the Products are complex
and complicated and may involve uncertain, unanticipated, unexpected, and adverse
outcomes (including, without limitation, severe personal injury or death), and You
understand and acknowledge that such procedures require knowledge, training, and
expertise that cannot be obtained from the Website and Products.
* The information provided in the Website and Products does not, and is not intended to,
constitute medical advice or medical training; instead, all information, content, and
materials available on this Website are for general informational purposes only.
* By using the content, You are not engaging Clear Aligner Advisor, its affiliates, or its
principals in any direct relationship beyond the right to view the Website and Products
during the Effective Period as detailed herein. No fiduciary or other relationship of any
kind exists between You and Clear Aligner Advisor, its affiliates, or principals.
* You will not rely on the Products to undertake or attempt to undertake any procedure.
* You will not rely on the Products in lieu of professional, in-person training to perform
any procedure(s).
* No material on the Website is intended to be a substitute for professional medical advice
or training.
* Information on this Website and/or in the Products may not constitute the most
up-to-date medical or other information.
’ Clear Aligner Advisor is not responsible for any errors or omissions, or for the
results obtained from the use of the information provided on the Website. By
clicking “I ACCEPT”, You specifically waive and forego the right to pursue any and all
claims under any legal theory against Clear Aligner Advisor related to: (i) any
professional services Clear Aligner Advisor allegedly provided; and (ii) professional
services You rendered or attempted to render, whether based on the Website or
Products or not.
* All information on the Website and Products is provided “as is” with no guarantee
of completeness, accuracy, timeliness or of the results obtained from the use of the
information, and without warranty of any kind, express or implied. In no event
will Clear Aligner Advisor and/or its affiliates, agents, employees thereof be
liable to You or anyone else for any decision made or action taken in reliance on
the information in the Website or the Products for any consequential, special or
similar damages.
- Governing Law and Jurisdiction
This Agreement, and all matters arising out of or relating to this Agreement, will be
governed by, and construed in accordance with, the laws of the State of Texas, without regard to
any choice or conflict of laws provisions thereof. Any legal suit, action, or proceeding arising
out of or relating to this Agreement or the transactions contemplated hereby that does not
proceed to arbitration consistent with Section 5 shall be instituted in the United States District
Court for the Western District of Texas, unless such court declines or is unable to exercise
jurisdiction, in which case any legal suit, action, or proceeding shall be instituted in the District
Court of Travis County, Travis County or such other Court of lower jurisdiction in Travis
County as may be able to adjudicate the dispute, and You irrevocably submit to the exclusive
jurisdiction of such courts in any such legal suit, action, or proceeding, except as specifically
outlined in Section 7.
8. Arbitration
At Clear Aligner Advisor’s sole discretion, it may require You to submit any disputes
arising from this Agreement or Your use of the Products or Website, including disputes arising
from or concerning their interpretation, violation, invalidity, non-performance, or termination, to
final and binding arbitration under the Rules of Arbitration of the American Arbitration
Association in Texas and applying Texas law exclusively. You understand and agree that You
may not and will not attempt to assert the right to pursue a trial by jury or in any court of law,
unless Clear Aligner Advisor explicitly consents to the same.
9. Equitable Relief
You acknowledges and agrees that the Website and Products are unique, and a breach
of this Agreement related to improper sharing or use of the Website and Products will result in
irreparable harm to Clear Aligner Advisor that cannot be reasonably or adequately
compensated in damages, and therefore, Clear Aligner Advisor shall be entitled to equitable
remedies, including, but not limited to, injunctive relief to prevent a breach and to secure
enforcement thereof in addition to any other relief or award to which Clear Aligner Advisor
may be entitled. You irrevocably waive the right to any bond or other security associated with
any such equitable relief. - Miscellaneous Provisions
Entire Agreement. This Agreement sets forth the entire understanding between the Parties with
respect to the subject matter hereof. No amendment, change or modification of this Agreement shall be
effective unless in writing and signed by both Parties hereto.
Waiver. No waiver by Clear Aligner Advisor of any breach of any of the covenants, agreements,
or duties hereunder shall be deemed to be a waiver of any other breach thereof, or the waiver of any
other covenant, agreement or duty. No waiver by Clear Aligner Advisor of a covenant, agreement or duty
hereunder shall be valid and binding unless in a writing signed by Clear Aligner Advisor.
Severability and Construction. If any term or provision of this Agreement is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any
other term or provision of this Agreement or invalidate or render unenforceable such term or provision in
any other jurisdiction. You have had an opportunity to consult with legal counsel of Your choosing
regarding this Agreement and its contents.
Assignment. You may not assign this Agreement or any of its rights hereunder without the
express prior written consent of Clear Aligner Advisor. Any attempted assignment in violation of this
Agreement shall be null and void and of no force and effect whatsoever.
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This policy was last updated on: 12/16/2024
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