General Terms and Conditions
Effective Date: September 25, 2024
This website (“the Site”) is owned and maintained by URBN Dental. By accessing or using this Site, you unconditionally agree to be bound by all of the terms, conditions, and notices contained in this Site Use Agreement. These general terms and conditions are collectively referred to as this “Agreement.”
By using the Site, you acknowledge that you have read, understand, and agree to be bound by these general terms and conditions. If you do not agree to these terms, do not use the Site.
You are responsible for complying with all applicable laws and regulations. Accessing or using any portion or feature of the Site from any territory where such access is illegal is prohibited.
URBN Dental reserves the right to revise this Agreement at any time. It is your responsibility to regularly review these terms and conditions. Continued use of the Site after such revisions constitutes your acceptance of the revised terms.
Intellectual Property
The Site and all of its contents (including, but not limited to, all text, images, and software) are the property of URBN Dental or its licensors, and are protected by U.S. and international copyright, trademark, and other laws. URBN Dental reserves all intellectual property rights not expressly granted under this Agreement.
No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use URBN Dental strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to URBN Dental that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of URBN Dental or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. URBN Dental content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of URBN Dental and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of URBN Dental or our licensors except as expressly authorized by these Terms.
Disclaimers
The material and information on the Site may contain technical, typographical, or other inaccuracies, including errors or omissions related to product or service descriptions, pricing, or availability. URBN Dental does not warrant that any material or information on the Site is accurate, complete, or current. URBN Dental may change any material or information on the Site at any time without notice but do not commit to updating the Site’s content.
URBN Dental does not represent that the Site or its content is lawful or appropriate for access outside of the United States. URBN Dental is not responsible for the contents of any third-party sites linked to this Site. Links to external sites do not imply endorsement by URBN Dental, and users access such sites at their own risk.
Warranty Disclaimer
THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, SYSTEM INTEGRATION, OR ACCURACY, ARE DISCLAIMED. USERS OF THE SITE ASSUME ALL RISKS REGARDING THE QUALITY, SUITABILITY, AND AVAILABILITY OF THE SITE.
URBN Dental does not warrant that the Site will operate uninterrupted, error-free, or free from viruses or other harmful components.
Limitation of Liability
URBN Dental assumes no liability for any loss or damage resulting from the use of or reliance on the Site or its content. URBN Dental will not be liable for any lost profits, data, business interruption, or other indirect, special, consequential, or incidental damages (whether in contract, tort, or otherwise) arising from the Site or its content, even if URBN Dental has been advised of such damages. If any limitation of liability is found invalid, URBN Dental total liability shall not exceed $1,000.
Indemnification
You agree to indemnify, defend, and hold harmless URBN Dental, its officers, directors, employees, agents, and third parties, from any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) arising from or related to your use of or inability to use the Site or services, any content you post, your violation of this Agreement, any infringement on the rights of a third party, or your violation of any applicable laws, rules, or regulations. URBN Dental reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to your indemnification, and you agree to cooperate fully with URBN Dental in asserting any available defenses.
Class Action Waiver
Any arbitration conducted under these Terms and Conditions will proceed solely on an individual basis; class arbitrations, as well as class, representative, or collective actions, are not permitted. BOTH PARTIES AGREE THAT CLAIMS MAY ONLY BE BROUGHT BY EACH PARTY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY POTENTIAL CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, INCLUDING ANY PRIVATE ATTORNEY GENERAL ACTION. Additionally, unless both you and URBN Dental mutually agree otherwise, the arbitrator will not have the authority to consolidate claims from multiple individuals, nor will they preside over any representative or class-based proceedings.
Binding Individual Arbitration
If the parties cannot resolve any disputes arising from or related to these Terms and Conditions, whether based in contract, tort, or other legal or equitable grounds for damages or relief, the dispute will be resolved solely through final and binding arbitration in accordance with the Federal Arbitration Act. The arbitration will be conducted by a single neutral arbitrator and administered by the American Arbitration Association or another mutually agreed-upon arbitration service, at a location agreed upon by both parties. The arbitrator’s decision will be final, and judgment on the award may be entered in any court with proper jurisdiction.
In the event of any legal or equitable action, proceeding, or arbitration concerning these Terms and Conditions, the prevailing party will be entitled to recover reasonable attorney’s fees and costs. Both parties agree to arbitrate all disputes related to these Terms and Conditions, including any tort claims arising from them. The Federal Arbitration Act will govern the interpretation and enforcement of this provision, and the arbitrator will determine the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision will survive the termination of these Terms and Conditions.
You and URBN Dental agree to resolve all disputes through arbitration. Arbitration is less formal than court proceedings and aims to resolve disputes more efficiently. Instead of a judge or jury, a neutral arbitrator will decide the case and has the authority to award the same damages and relief available in court. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. BY USING URBN DENTAL AND THIS APP, YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION AGAINST THE COMPANY.
If any provision of this arbitration agreement is deemed unenforceable, that provision will be severed, and the remaining arbitration terms will remain in effect (but no class arbitration will occur). All disputes will be resolved exclusively through binding individual arbitration by a single arbitrator. Consumer claimants (individuals using the service for personal, family, or household purposes) may choose to bring claims in their local small claims court instead of through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer filing a claim related to personal, household, or family use, any arbitration hearing will take place in your county of residence in Texas. Otherwise, hearings will occur in Harris County, Texas, or another mutually agreed-upon location or as directed by the arbitrator. The arbitrator’s award will be binding and can be entered as a judgment in any competent court. If you prevail on a claim for which you are entitled to attorney’s fees, you may recover those fees from the arbitrator. URBN Dental will not seek to recover attorney’s fees from you unless the arbitrator finds that your claim was frivolous. References to “you” and “URBN Dental” also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.
Jurisdiction
The information provided on URBN Dental’s website is not directed at users in any specific location and is not intended to constitute business operations in any jurisdiction. This website serves as a platform provided by URBN Dental and does not establish contact with any jurisdiction outside the State of Texas. Access to this website is prohibited in any jurisdiction where laws would render this Agreement void in whole or in part or make accessing the website illegal. Users in such jurisdictions access this website entirely at their own risk. Note that essential parts of this Agreement include, but are not limited to, exclusive remedy provisions and warranty disclaimers.
This Agreement is made and performed in the State of Texas, United States of America, and is governed by and construed under the laws of Texas, excluding any choice of law or conflict of law provisions.
Applicable Law and Dispute Resolution
URBN Dental operates the Site from its facilities in Texas, USA. Use of the Site, transactions arising from its use, and this Agreement shall be governed by and construed under the laws of Texas, without regard to conflict of law principles. Any disputes will be resolved in Texas courts, and users submit to the jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
Our Compliance with HIPAA
URBN Dental is committed to adhering to federal healthcare privacy and security regulations, including the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act, when handling your Protected Health Information (PHI). When you receive health-related services from us, you will be required to acknowledge our Notice of Privacy Practices and provide your consent by signing our Consent Form.
General
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force. Section headings are for convenience only and do not affect interpretation. This Agreement constitutes the entire agreement between URBN Dental and the user regarding the Site.
Copyright and Trademark
All Site content is Copyright ©2024 URBN Dental. All rights reserved. No materials from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without prior written permission from URBN Dental. You may download material for personal, non-commercial use, provided all copyright and other proprietary notices are retained.
The URBN Dental logo are trademarks of URBN Dental. All other trademarks are the property of their respective owners.
Appointment Reminder Mobile Text Message Terms and Conditions
There is no fee to receive text messages. Message and data rates may apply. Charges will be billed by your mobile service provider or deducted from your prepaid account. Consent to receive messages is not required for purchase.
We collect your cell phone number, carrier name, and the date, time, and content of your messages in connection with this SMS service. We may use this information to provide services you request from us.
Message delivery is subject to mobile network availability. The wireless carrier does not guarantee delivery and is not liable for delayed or undelivered messages.
Compatible carriers include: AT&T, T-Mobile®, Verizon Wireless, Sprint, and others. You may receive automated messages prior to each dental appointment. To unsubscribe, text ‘STOP’ and/or ‘PAUSE’.
User-Generated Content (UGC)
By submitting UGC (images, text, videos, etc.) to URBN Dental, you agree to be bound by these Terms of Use. You represent and warrant that:
- You are at least 18 years of age;
- You own all rights to the UGC;
- The UGC is original, does not infringe on any rights, and contains no illegal, defamatory, or offensive content;
- You grant URBN Dental Texas a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and distribute the UGC for marketing and other purposes.
URBN Dental reserves the right to remove UGC at any time for any reason.
By submitting UGC, you release URBN Dental from any claims or damages related to the use of your content. You agree that the Licensed Parties (URBN Dental and affiliates) may use your content without compensation or further permission.
Entire Agreement
These Terms, along with all related provisions, as they may be revised and amended from time to time, constitute the complete understanding and agreement between you and URBN Dental regarding the matters described herein. They govern your use of the Site, Services, and your Account, superseding any prior agreements between you and URBN Dental, including any previous versions of these Terms.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED HEREIN.
Questions about our Terms and Conditions should be addressed to:
URBN Dental
2400 Mid Ln #350, Houston, TX 77027
Email: operations@urbndental.com
Phone: (281) 671-7932
Fax: (281) 516-8296
