Introduction & Scope
These Terms of Use (“Terms” or “Agreement”) govern your access to and use of the MatchMyDentist platform, services, and website, operated by MatchMyDentist Inc., a Delaware corporation with its principal place of business at 8 The Green, STE A, Dover, DE 19901 (“MatchMyDentist,” “Company,” “we,” “us,” or “our”).
MatchMyDentist is a proprietary technology platform that enables prospective dental patients (“Patients”) to create Patient Profiles describing their dental concerns, goals, preferences, and other information they choose to share. MatchMyDentist may compare information in Patient Profiles with information in participating Provider Profiles to identify a participating independently licensed dentist (“Provider”) for review. A Provider may review an eligible Patient Profile and, at the Provider’s sole discretion, send a personalized Introduction through the Platform. If the Patient accepts the Provider’s Introduction, a Match occurs and MatchMyDentist facilitates the exchange of contact information so the Patient and Provider may communicate directly.
MatchMyDentist is not a healthcare provider, does not provide dental care or professional advice, does not recommend, endorse, or refer Patients to any Provider, and does not participate in the clinical relationship between Patients and Providers. Providers independently decide whether to send an Introduction, and Patients independently decide whether to accept or decline an Introduction. The Services are provided at no cost to Patients.
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you may not use the Services.
These Terms incorporate by reference the following supplemental policies (collectively, the “Supplemental Policies”): the Privacy Policy and the Consumer Health Data Privacy Policy.
The Services are intended for individual, personal use.
Definitions
“MatchMyDentist,” “Company,” “we,” “us,” or “our” — MatchMyDentist Inc., a Delaware corporation that owns and operates the Platform.
“Platform” — the proprietary technology platform that enables Patients to create Patient Profiles, compares information in Patient and Provider Profiles as part of its matching process, enables Providers to review eligible Patient Profiles, facilitates personalized Introductions initiated by Providers, and, upon Patient acceptance of an Introduction, facilitates the exchange of contact information between Patients and Providers. The Platform is not a clinical service.
“Services” — the features, tools, systems, communications, software, and infrastructure offered through the Platform, including Patient Profile creation, Provider Profile management, Patient Profile review, matching and routing functionality, Introduction tools, messaging functionality, and related infrastructure.
“User,” “you,” or “your” — any individual who accesses or uses the Platform.
“Patient” — any person seeking dental care who creates a Patient Profile through the Platform.
“Provider” — an independently licensed dentist or dental practice participating in the Platform.
“Provider Profile” — information provided by or maintained regarding a participating Provider or dental practice for purposes of participation in the Platform, including information concerning practice characteristics, services, preferences, availability, and other applicable Platform information.
“Patient Profile” — the profile created by a Patient containing information such as dental concerns, goals, Patient-reported treatment interests, budget, insurance information, preferences, and other information the Patient chooses to provide. Before a Match, the Provider reviewing the Patient Profile does not receive the Patient’s name, phone number, or email address.
“Introduction” — a personalized message initiated by a Provider through the Platform expressing interest in connecting with a Patient. An Introduction does not create a Provider-Patient relationship and does not guarantee that the Patient will respond, accept, schedule an appointment, receive treatment, or be clinically appropriate for any particular treatment.
“Match” — a connection that occurs when a Patient accepts a Provider’s Introduction through the Platform. Following a Match, MatchMyDentist facilitates the exchange of contact information. A Match does not constitute a referral, endorsement, recommendation, guarantee of treatment, or dental or medical advice.
“Content” — any data, text, images, messages, documents, information, or other materials submitted, transmitted, or made available through the Platform.
Description of Services
3.1 Patient Profiles and Provider Review
A Patient completes a confidential Patient Profile that may include information such as dental concerns, Patient-reported treatment interests, treatment goals, dental history, general location, budget, insurance status, availability, anxiety or comfort concerns, communication preferences, and other information the Patient chooses to provide.
The Platform may compare information in Patient Profiles with information in participating Provider Profiles and other applicable Platform criteria to identify a participating Provider for review.
Not every item contained in a Patient Profile is necessarily used as a matching criterion.
Patients do not browse or search participating Providers, and Providers do not pay for visibility, rankings, priority placement, or preferential selection within the matching process.
3.2 Patient Profile Review, Provider Introduction, and Match
Before a Match, a Provider reviewing a Patient Profile does not receive the Patient’s name, phone number, or email address.
The Provider independently reviews the Patient Profile and decides whether to respond. If the Provider chooses to connect, the Provider may submit a personalized Introduction through the Platform for the Patient to review.
The Provider’s identity, Provider Profile, practice information, and Introduction may then be made available to the Patient.
The Patient independently decides whether to accept or decline the Provider’s Introduction.
If the Patient accepts the Introduction, a Match occurs and MatchMyDentist facilitates the exchange of contact information between the Patient and Provider.
3.3 Introduction Availability and Additional Provider Review
A Provider Introduction may remain available for Patient acceptance for a limited period identified by the Platform. If the Patient does not accept within that period, the Introduction may expire.
Expiration of an Introduction does not establish a deadline for scheduling or receiving dental care.
If a Patient declines or does not accept a Provider Introduction, MatchMyDentist may attempt to identify another participating Provider for review, subject to Provider availability, geographic availability, eligibility requirements, and Platform rules. MatchMyDentist does not guarantee that another Provider will be available or that another Introduction will be received.
3.4 No Clinical Role
MatchMyDentist is a technology platform and does not provide dental services, clinical advice, diagnoses, treatment recommendations, healthcare services, or clinical determinations.
MatchMyDentist is not a dental practice, healthcare provider, insurance company, or referral agency and does not direct, supervise, or control the professional judgment of any Provider.
All clinical decisions, examinations, diagnoses, treatment recommendations, treatment, billing, and follow-up care are managed solely between the Patient and Provider.
3.5 No Cost to Patients
The Platform is provided at no cost to Patients. Patients are not charged to create a Patient Profile, receive or review Provider Introductions, accept or decline an Introduction, establish a Match, or otherwise use the Patient matching Services.
3.6 No Guarantee of Introduction, Match, or Outcome
MatchMyDentist does not guarantee that a Patient Profile will receive a Provider Introduction, that a Provider will submit an Introduction, that a Patient will accept an Introduction, that a Match will occur, or that any Match will result in an appointment, treatment, or any particular clinical, financial, or other outcome.
Eligibility & Account Use
4.1 Eligibility Requirements
You must be at least 18 years old to use the Platform. By using the Services, you represent and warrant that you are 18 or older.
The Platform is available only to individuals located in the United States and currently supports eligible Patients using PPO dental coverage and Patients paying privately for dental care.
The Platform does not currently support HMO dental plans or government-funded healthcare programs, including Medicare, Medicaid, TRICARE, and CHAMPVA.
A pre-screening step may require you to confirm applicable eligibility information before proceeding. Answers indicating ineligibility may end the process.
We reserve the right to restrict access based on geographic location, insurance or payment eligibility, Provider availability, regulatory requirements, or other legitimate Platform limitations.
4.2 Account Registration
You agree to provide accurate, complete, and current information and to keep that information current.
You are responsible for maintaining the confidentiality of your login credentials and for activity under your account. You must notify us at support@matchmydentist.com if you believe your account has been compromised.
4.3 Personal Use Only
The Platform is for individual, personal use. You may not use the Services on behalf of another person or organization without our express written permission.
Commercial, group, brokerage, agency, or resale use is prohibited unless expressly authorized by MatchMyDentist.
4.4 Suspension or Termination
We may suspend or terminate access for violation of these Terms, prolonged inactivity, false or misleading information, unauthorized use, or as reasonably necessary to comply with law or protect the Platform and its Users.
User Conduct & Responsibilities
5.1 Provide Accurate Information
You agree to provide truthful, complete, and current information.
The quality and relevance of the matching process depend in part on the information you provide. MatchMyDentist does not independently verify Patient-submitted dental, financial, insurance, or other information, and you are responsible for the accuracy of information you submit.
5.2 Lawful and Appropriate Use
You agree to use the Platform only for lawful purposes.
You may not impersonate another person; misrepresent your identity, age, insurance status, dental history, or other material information; submit fraudulent information; interfere with Platform operation; attempt unauthorized access; use the Platform to solicit or serve ineligible government-program Patients; or collect information concerning others without authorization.
5.3 Respectful Communication
You agree to communicate appropriately and respectfully with Providers and MatchMyDentist personnel.
MatchMyDentist reserves the right to restrict or revoke access for abusive, threatening, harassing, fraudulent, or otherwise inappropriate conduct.
5.4 No Commercial or Unauthorized Use
You may not resell, sublicense, scrape, commercially exploit, or use the Platform to coordinate Patients as a broker, referral source, lead generator, or agency without MatchMyDentist’s express written permission.
Matching & Provider Engagement
6.1 Patient Profile Submission
Patients create a confidential Patient Profile that may include dental concerns, Patient-reported treatment interests, treatment goals, budget, insurance status, availability, timing, general location, Provider preferences, anxiety or comfort concerns, communication preferences, and other information the Patient chooses to provide.
Patients are responsible for ensuring that information they submit is accurate, complete, and current.
6.2 Profile-Based Matching
The Platform may use proprietary software, algorithms, automated processing, and other technology to compare information contained in Patient Profiles with information contained in participating Provider Profiles and other applicable Platform criteria.
The Platform uses that information to identify a participating Provider for review based on applicable matching and participation criteria.
Not every item in a Patient Profile is necessarily used as a scored or weighted matching criterion.
Patient budget information may be made available to a Provider as part of the Patient Profile so the Provider understands the Patient’s reported financial circumstances before deciding whether to respond. Patient budget bands are not used to rank Providers based on the economic value of a Patient.
Providers do not pay for visibility, advertising, rankings, priority placement, or preferential selection within the matching process.
MatchMyDentist does not recommend, endorse, rank, or guarantee that any identified Provider is the best or most appropriate Provider for a Patient.
The Platform’s algorithms, selection criteria, routing logic, and processing methodologies are proprietary and may be modified or refined from time to time.
6.3 Provider Review and Introductions
A Provider independently reviews the Patient Profile and determines whether to respond.
A Provider who wishes to connect with a Patient may submit a personalized Introduction through the Platform.
MatchMyDentist may provide technology-assisted or AI-enabled drafting functionality as an optional writing aid for Providers. The Provider is responsible for reviewing, modifying as appropriate, approving, and submitting any Introduction sent to a Patient.
A Provider’s decision to send an Introduction means that the Provider has chosen to introduce themselves based on the information then available through the Platform. It does not constitute a diagnosis, treatment recommendation, guarantee that the Provider can treat the Patient, or determination that any particular treatment is clinically appropriate.
6.4 Match Completion
The Patient independently decides whether to accept or decline the Provider’s Introduction.
If the Patient accepts the Introduction, a Match occurs. MatchMyDentist may then disclose the Patient’s applicable contact information to the Provider so the Patient and Provider may communicate directly.
Any further professional relationship, scheduling, evaluation, diagnosis, treatment, financial arrangement, or other interaction occurs independently between the Patient and Provider.
6.5 No Guarantees
Participation in the Platform is voluntary.
Patients are under no obligation to accept any Provider Introduction, and Providers are under no obligation to respond to any Patient Profile.
MatchMyDentist does not guarantee that any Patient Profile will receive an Introduction, that any Introduction will be accepted, that a Match will occur, or that any Match will result in an appointment, treatment, or particular outcome.
Communications & Notifications
7.1 Transactional Communications
By using the Platform, you agree to receive communications reasonably necessary to facilitate your use of the Services, including communications concerning your Patient Profile, Provider Introductions, Match status, account activity, and service-related follow-up.
Marketing or promotional communications, if any, will be handled in accordance with applicable law and our Privacy Policy.
7.2 Communications Following a Match
Following a Match, a participating Provider may contact you directly using the contact information made available through the Platform.
MatchMyDentist does not control the Provider’s subsequent communications with you.
7.3 Responsibility for Contact Information
You are responsible for maintaining accurate and current contact information associated with your account so you may receive Platform communications.
No Cost to Patients
8.1 Free for Patients
The MatchMyDentist Platform is provided at no cost to Patients.
Patients are not charged to create a Patient Profile, receive or review Provider Introductions, accept or decline an Introduction, establish a Match, or otherwise use the Patient-facing Platform Services.
8.2 Provider-Funded Platform
Participating Providers may pay MatchMyDentist for membership in and access to the Platform.
Provider payments to MatchMyDentist are for Platform participation and access and are not calculated as a percentage of a Patient’s dental fees or treatment value.
A Provider cannot pay MatchMyDentist to rank above another Provider or purchase preferential selection for a particular Patient.
MatchMyDentist does not add Platform fees to a Patient’s dental bill. Any fees for dental examinations, treatment, products, services, financing, or other care are determined independently between the Patient and Provider, subject to applicable insurance arrangements and law.
No Clinical Role, No Referral Relationship & No Dentist-Patient Relationship
9.1 No Dental Advice or Diagnosis
MatchMyDentist does not provide dental services, clinical opinions, diagnoses, treatment recommendations, treatment plans, appointment scheduling, emergency support, or other healthcare services.
All care decisions, including whether to establish a dentist-patient relationship, are made independently between the Patient and Provider.
9.2 No Dentist-Patient Relationship
Use of the Platform, creation of a Patient Profile, receipt or review of a Provider Introduction, occurrence of a Match, or communication through the Platform does not create a dentist-patient relationship between you and MatchMyDentist.
A Match also does not, by itself, establish that a Provider has accepted you for treatment or create a dentist-patient relationship where applicable law or the Provider’s professional requirements require additional actions before such a relationship is established.
A dentist-patient relationship, if any, is established independently between you and the Provider in accordance with applicable law and the Provider’s policies and professional judgment.
9.3 No Endorsement or Recommendation
The identification of a Provider for review, presentation of a Patient Profile to a Provider, submission of a Provider Introduction, or occurrence of a Match does not constitute or imply an endorsement, recommendation, certification, referral, guarantee, or representation by MatchMyDentist regarding any Provider, Patient, treatment, or clinical outcome.
The matching process should not be interpreted as a prediction of treatment success, Patient satisfaction, clinical appropriateness, or the suitability of a Provider for a Patient.
9.4 Independent Provider Responsibility
Each Provider is an independent healthcare professional solely responsible for their professional judgment, communications, examinations, diagnoses, treatment recommendations, treatment, billing, compliance with applicable laws, and adherence to professional standards.
MatchMyDentist does not supervise, direct, employ, or control the clinical practice of any Provider.
9.5 Provider Participation and Removal
MatchMyDentist does not supervise Provider conduct or continuously verify ongoing compliance with all professional licensing, insurance, legal, or professional requirements.
MatchMyDentist nevertheless reserves the right, but not the obligation, to suspend, restrict, or remove a Provider from the Platform, including upon notice of licensing issues, legal or regulatory concerns, violations of applicable Platform terms, fraud, safety concerns, or Patient complaints.
9.6 No Appointment Management, Insurance Determination, or Billing
MatchMyDentist does not schedule dental appointments, determine insurance eligibility or coverage, process dental treatment payments, coordinate treatment, submit insurance claims, or provide dental billing services.
After a Match, scheduling, insurance verification, financial arrangements, treatment, and related communications occur independently between the Patient and Provider.
9.7 No Public Directory
Patients do not browse or search a public directory of participating Providers through the matching process.
The Platform does not sell Provider rankings or preferential placement within the matching process.
9.8 No Responsibility for Patient-Provider Agreements
MatchMyDentist is not a party to any appointment, treatment agreement, financial arrangement, informed consent, payment obligation, financing arrangement, insurance claim, or other agreement between a Patient and Provider.
Any such agreement is solely between the Patient and Provider.
Privacy, Identity & Health Information
10.1 Identity Before a Match
Before a Match, the Provider reviewing your Patient Profile does not receive your name, phone number, or email address.
Your Patient Profile may contain other information you choose to provide, including age range, general location or distance information, dental concerns, Patient-reported treatment interests, dental history, insurance information, budget information, anxiety or comfort concerns, preferences, availability, and your written description of your situation.
Because information contained in a Patient Profile may itself reveal information about you or your circumstances, MatchMyDentist does not represent that every Patient Profile is legally “anonymous” or “de-identified” under every applicable privacy law.
10.2 Post-Match Contact
If you accept a Provider’s Introduction, a Match occurs and MatchMyDentist may disclose your applicable contact information and relevant Patient Profile information to that Provider so you may communicate directly.
Once information is received by a Provider or dental practice, that Provider may have independent legal, professional, privacy, and recordkeeping obligations concerning the information it maintains.
10.3 Use of Your Information
Information you submit is collected, used, stored, and disclosed as described in our Privacy Policy and Consumer Health Data Privacy Policy.
MatchMyDentist does not sell Consumer Health Data and does not use health-related Patient Profile information for unrelated third-party behavioral advertising or marketing.
Applicable privacy rights and methods for exercising those rights are described in the Privacy Policy and Consumer Health Data Privacy Policy.
10.4 Service Providers
MatchMyDentist may use third-party service providers and processors to operate and support the Platform, including providers of hosting, cloud infrastructure, authentication, security, communications, analytics, email delivery, technical support, and automated or AI-enabled functionality.
Such providers may process information as reasonably necessary to provide services to MatchMyDentist, subject to applicable contractual and legal requirements, as further described in our Privacy Policy and Consumer Health Data Privacy Policy.
10.5 Consumer Health Data and Consent
Some information you provide may constitute Consumer Health Data or other health-related information under applicable law.
MatchMyDentist collects and processes such information as reasonably necessary to provide the Services you request and as otherwise described in the Privacy Policy and Consumer Health Data Privacy Policy.
Where applicable law requires affirmative or separate consent for particular collection, use, or sharing of Consumer Health Data, MatchMyDentist will obtain such consent as required.
Where applicable, you may withdraw consent to future processing as described in the Consumer Health Data Privacy Policy. Withdrawal may affect our ability to continue providing Services that require the information involved.
Disclaimer of Warranties
11.1 “As Is” and “As Available”
THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MATCHMYDENTIST DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11.2 No Warranty of Uninterrupted or Error-Free Operation
MatchMyDentist does not warrant that the Platform will be uninterrupted, timely, secure, or error-free; that Platform results will always be accurate or reliable; that defects or errors will be corrected; or that the Platform or its systems will be free from viruses or other harmful components.
11.3 No Warranty of Provider Availability or Matching Result
MatchMyDentist does not warrant that a Provider will be identified or available, that a Patient Profile will receive an Introduction, that an Introduction will result in a Match, appointment, treatment, or successful outcome, or that the matching process will identify the best or most appropriate Provider for a Patient.
11.4 Patient Evaluation and Assumption of Risk
You acknowledge that use of the Platform involves independent decisions by you and participating Providers.
You remain responsible for deciding whether to accept a Provider Introduction and whether to obtain care from a Provider.
11.5 Jurisdictional Limitations
Some jurisdictions do not permit exclusion of certain warranties. In such jurisdictions, these exclusions apply only to the fullest extent permitted by applicable law.
Limitation of Liability
12.1 No Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MATCHMYDENTIST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND CONTRACTORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MATCHMYDENTIST’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, SHALL NOT EXCEED THE GREATER OF TWO HUNDRED UNITED STATES DOLLARS (US $200) OR THE AMOUNT, IF ANY, YOU PAID DIRECTLY TO MATCHMYDENTIST DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
This limitation does not apply to liability resulting from MatchMyDentist’s gross negligence, willful misconduct, or liability that cannot lawfully be limited or excluded, including applicable statutory privacy rights where required by law.
12.3 No Responsibility for Treatment
MatchMyDentist is not responsible or liable for any examination, diagnosis, treatment recommendation, treatment, prescription, procedure, clinical decision, billing dispute, insurance determination, appointment issue, communication, disagreement, or dispute between a Patient and Provider, or for any injury, illness, loss, damage, adverse outcome, or other consequence arising from or relating to dental care or the independent acts or omissions of a Provider.
12.4 Basis of the Bargain
You acknowledge that MatchMyDentist has established the Services and these Terms in reliance upon the limitations of liability, disclaimers, and allocations of risk set forth herein and that these provisions constitute an essential basis of the Agreement.
12.5 Jurisdictional Limitations
Some jurisdictions do not permit exclusion or limitation of certain warranties, damages, or liabilities. In those jurisdictions, the limitations and exclusions contained in these Terms apply only to the fullest extent permitted by applicable law.
Disclaimers & No Guarantees
13.1 No Medical or Dental Advice
All Content, communications, and Services provided through the Platform are for informational, technological, and administrative purposes only.
MatchMyDentist does not provide dental or medical advice, diagnoses, clinical assessments, treatment recommendations, emergency services, or healthcare services.
Nothing provided by MatchMyDentist should be interpreted as professional dental or medical advice or relied upon as a substitute for consultation with a licensed healthcare professional.
If you believe you are experiencing a dental or medical emergency, seek appropriate emergency medical or dental care immediately.
13.2 No Guarantee of Provider Introduction, Match, Care, or Outcome
MatchMyDentist does not guarantee that a Patient Profile will receive a Provider Introduction, that a Provider will choose to submit an Introduction, that a Patient will accept an Introduction, that a Match will occur, that communications between Patient and Provider will be successful, or that any appointment, treatment, clinical outcome, financial outcome, or Patient experience will occur or meet your expectations.
13.3 Provider Verification — Scope and Limits
Before a Provider participates in the Platform, MatchMyDentist may collect representations and supporting information concerning licensure, malpractice insurance, and other Provider information and may confirm Provider license status using applicable state dental board or other regulatory records.
MatchMyDentist does not represent that this process constitutes comprehensive professional credentialing, background screening, malpractice-history investigation, or continuous monitoring unless expressly stated otherwise.
MatchMyDentist does not continuously monitor every Provider’s license, malpractice insurance, disciplinary history, professional standing, legal status, or other credentials.
Provider participation does not constitute or imply MatchMyDentist’s endorsement, recommendation, certification, guarantee, or representation regarding the Provider’s competence, conduct, quality of care, or current professional standing.
Patients remain responsible for deciding whether to obtain care from a Provider and may independently verify Provider information through applicable licensing or regulatory authorities.
Dispute Resolution & Arbitration
14.1 Mandatory Individual Arbitration
Except as provided below or where prohibited by applicable law, any dispute arising out of or relating to these Terms or the Services will be resolved through binding individual arbitration administered by JAMS under its applicable consumer arbitration rules.
Arbitration shall occur in Florida unless applicable law, JAMS rules, or mutual agreement requires or permits another location or remote proceeding.
Judgment on an arbitration award may be entered in any court having jurisdiction.
14.2 Class Action Waiver
To the fullest extent permitted by applicable law, you and MatchMyDentist agree that claims will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.
14.3 Preservation of Non-Waivable Rights
Nothing in this Section limits any right or remedy that cannot lawfully be waived, including any right to seek public injunctive relief where applicable law prohibits waiver of that right.
To the extent a claim or remedy is determined to be non-arbitrable, that claim or remedy may proceed in court while arbitrable claims remain subject to arbitration to the extent permitted by law.
14.4 Small Claims Exception
Either party may bring an individual claim that qualifies for small claims court.
14.5 Right to Opt Out
You may opt out of this arbitration agreement by sending written notice to the address provided in Section 18.
The notice must include your name, sufficient information to identify your account, and a clear statement that you are opting out of the arbitration provision.
Your opt-out notice must be postmarked or otherwise sent within thirty (30) days after you first agree to these Terms.
Opting out of arbitration does not affect the remainder of these Terms.
14.6 Limitation Period
To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Services must be commenced within one (1) year after the claim accrued, except where applicable law requires a longer limitations period or does not permit contractual modification of the applicable period.
Termination
15.1 By You
You may stop using the Services at any time.
You may request closure of your account or exercise applicable deletion rights using the methods described in our Privacy Policy and Consumer Health Data Privacy Policy.
Account closure does not necessarily require deletion of information that MatchMyDentist is permitted or required by law to retain.
15.2 By MatchMyDentist
We may suspend, deactivate, restrict, or terminate access, including for violation of these Terms, prolonged inactivity, false or fraudulent information, disruptive or abusive behavior, security concerns, legal or regulatory requirements, or discontinuation of all or part of the Services.
Any retention or deletion of information following termination will be governed by applicable law and our privacy policies.
Governing Law & Jurisdiction
These Terms and any dispute arising out of or relating to them are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.
Subject to Section 14 and any non-waivable rights under applicable law, any court proceeding permitted under these Terms shall be brought in the state or federal courts having jurisdiction in Palm Beach County, Florida.
Force Majeure
MatchMyDentist will not be liable for delay or failure to perform resulting from circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, cyberattacks, widespread technology failures, power outages, telecommunications or internet failures, or failures of third-party infrastructure.
Such circumstances suspend affected obligations for the duration of the disruption to the extent permitted by law.
Notices
MatchMyDentist may provide notices to you through email, the Platform, account or in-app messages, website notices, or physical mail where appropriate.
Legal notices to MatchMyDentist must be sent to:
MatchMyDentist Inc.Attn: Legal Department
8 The Green, STE A
Dover, DE 19901
Email: support@matchmydentist.com
Subject: Legal Notice — Patient Terms of Use
MatchMyDentist Inc. is a Delaware corporation.
Entire Agreement & Modifications
These Terms, together with the Supplemental Policies and any other terms expressly incorporated by reference, constitute the entire agreement between you and MatchMyDentist concerning your use of the Patient Platform.
We may modify these Terms from time to time.
If we make material changes, we may provide notice through email, the Platform, account notification, or posting of updated Terms, as appropriate and as required by applicable law.
Where applicable law requires affirmative consent to a change, we will obtain such consent.
Your continued use of the Services after updated Terms become effective constitutes acceptance to the extent permitted by applicable law.
Severability & Waiver
If any provision of these Terms is held invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in effect.
MatchMyDentist’s failure to enforce a provision does not waive its right to enforce that provision or any other provision later.
Relationship of the Parties
Nothing in these Terms creates any partnership, joint venture, agency, employment, fiduciary, franchise, brokerage, referral, or representative relationship between you and MatchMyDentist.
Participating Providers are independent healthcare professionals or dental practices and are not employees, agents, partners, or representatives of MatchMyDentist solely by virtue of their participation in the Platform.