Terms of Use

Dentists that are responding to your questions can not guarantee an accurate diagnosis without examining the patient or having all information about that patient being available to them. The content provided on and through LookAtMyTooth is for informational purposes only and is not intended to be a substitute for a thorough oral evaluation and diagnosis by a competent and licensed health provider.

Dental Emergency

Do not use the Website for dental emergencies. If you have a dental emergency, contact your local dentist or visit your hospital emergency room immediately. Under no circumstances should you attempt self-treatment or treatment of someone else based on anything you have seen or read on LookAtMyTooth.

Indemnification

To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Owner and its dentists, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees, accounting fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement, (ii) your access to, use, misuse, reliance upon or inability to access or use the Website, (iii) your use of, reliance on, publication, communication, distribution, uploading or downloading of anything (including the Content) on or from the Website.

You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.

Terms of Use

Last updated: 11/16/2021

1. Contractual Relationship

These Terms of Use (“Terms”) govern your access or use, of the applications, websites, content, products, and services (the “Services,” as more fully defined below in Section 3) made available by LookAtMyTooth, LLC. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "LookAtMyTooth", “us” or “we”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND LookAtMyTooth.

By accessing or using the Services, you confirm your agreement to be bound by these Terms, including the information set forth in our privacy policy, located here. Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

If you do not agree to these Terms, do not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. LookAtMyTooth may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, except where prohibited.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH LookAtMyTooth ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

If your use of the Services is terminated for any reason, then: (a) these Terms will continue to apply and be binding upon you in respect of your prior use of the Services (and any unauthorized further use of the Services), including your indemnification obligations; and (b) any rights or licenses granted to us under these Terms will survive such termination.

LookAtMyTooth may amend the Terms from time to time. Amendments will be effective upon LookAtMyTooth's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.

LookAtMyTooth’s collection and use of personal information in connection with the Services is described in LookAtMyTooth's Privacy Policy located here.

2. Arbitration Agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against LookAtMyTooth on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against LookAtMyTooth, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against LookAtMyTooth by someone else.

Agreement to Binding Arbitration Between You and LookAtMyTooth.

You and LookAtMyTooth agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and LookAtMyTooth, and not in a court of law. For the avoidance of doubt, the scope of arbitration includes federal and state statutory and common law claims, including under the consumer protection laws and principles.

You acknowledge and agree that you and LookAtMyTooth are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and LookAtMyTooth otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and LookAtMyTooth each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Rules and Governing Law.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.

Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure.

Unless you and LookAtMyTooth otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and LookAtMyTooth submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. LookAtMyTooth will not seek, and hereby waives all rights LookAtMyTooth may have under applicable law to recover attorneys' fees and expenses if LookAtMyTooth prevails in arbitration.

Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, LookAtMyTooth will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Severability and Survival.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

3. The Services

Free prescription discounts and coupons.

LookAtMyTooth offers prescription discounts and coupons, and prescription pricing information that are free to access.

LookAtMyTooth prescription discounts and coupons are not insurance. LookAtMyTooth prescription discounts and coupons can be used instead of, but not in conjunction with insurance. LookAtMyTooth prescription discounts and coupons are not intended as a substitute for health insurance. The range of the discounts will vary depending on the prescription drug and the participating pharmacy. You are required to pay for all prescription drugs at the time of purchase. LookAtMyTooth does not make payments to any pharmacy or health care provider. LookAtMyTooth PRESCRIPTION DISCOUNTS AND COUPONS DO NOT MEET MINIMUM CREDITABLE COVERAGE REQUIREMENTS UNDER STATE HEALTHCARE COVERAGE REGULATIONS.

Please note that cash payments that you make for medications using LookAtMyTooth prescription discounts and coupons may not count toward your prescription drug coverage out-of-pocket costs, but you can confirm that by contacting your coverage provider. If you are a Medicare Part D beneficiary, then cash payments made using LookAtMyTooth prescription discounts and coupons will not count toward your Medicare Part D cost-sharing obligation. LookAtMyTooth cannot be combined with federal or state-funded programs like Medicare or Medicaid.

LookAtMyTooth prescription discounts, coupons, and prices shown are based on multiple sources, including published price lists, purchases, claims records, and data provided by pharmacies. LookAtMyTooth prescription discounts, coupons and prices may change at any time. The prices we show are our best estimate; while we believe our data to be generally accurate, we cannot guarantee that the price we display will exactly match the price you receive at the participating pharmacy. For an exact price, please contact the participating pharmacy. LookAtMyTooth prescription discounts, coupons and prices may change at any time.

LookAtMyTooth Plus.

LookAtMyTooth Plus is a subscription service that offers specific prescription discounts and access to discounted Telehealth Services (see Telehealth Services section below) to members (“Plus Member”).

LookAtMyTooth Plus discounts are not insurance. LookAtMyTooth Plus can be used instead of, but not in conjunction with insurance. LookAtMyTooth Plus discounts are not intended as a substitute for health insurance. The range of the discounts will vary depending on the type of provider and services received. You are required to pay for all services at the time of purchase. LookAtMyTooth Plus does not make payments to any pharmacy or health care provider. LookAtMyTooth Plus DISCOUNTS DO NOT MEET MINIMUM CREDITABLE COVERAGE REQUIREMENTS UNDER STATE HEALTHCARE COVERAGE REGULATIONS.

Please note that cash payments that you make for medications using LookAtMyTooth Plus prescription discounts may not count toward your prescription drug coverage out of pocket costs, but you can confirm that by contacting your coverage provider. If you are a Medicare Part D beneficiary, then cash payments made using LookAtMyTooth prescription discounts and coupons will not count toward your Medicare Part D cost-sharing obligation. LookAtMyTooth Plus cannot be combined with federal or state-funded programs like Medicare or Medicaid.

LookAtMyTooth Plus prescription discounts and prices shown are based on multiple sources, including published price lists, purchases, claims records, and data provided by pharmacies. LookAtMyTooth Plus discounts and prices may change at any time. The prices we show are our best estimate; while we believe our data to be generally accurate, we cannot guarantee that the price we display will exactly match the price you receive at the participating pharmacy. For an exact price, please contact the participating pharmacy. LookAtMyTooth Plus discounts and prices may change at any time.

In order to be a Plus Member, you must first register for an Account with LookAtMyTooth as set forth in Section 9 (User Accounts) below. You must then complete the registration process necessary to become a Plus Member by following the instructions set forth in the LookAtMyTooth Plus application and providing certain information to LookAtMyTooth, such as a payment method (“Payment Method,” which you may edit through the Plus Site under “My Account” and then “Settings”), name, email address, pharmacy, prescriptions, and any other information as requested by LookAtMyTooth (“Registration Data”). You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card or debit card and credit card or debit card information.

By registering as a Plus Member, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. You also grant us the right to disclose to third parties certain Registration Data about you for the purpose of administering the program. LookAtMyTooth's collection and use of personally identifiable information in connection with the Services is governed by LookAtMyTooth’s Privacy Policy, which is incorporated into these Terms by reference.

A Plus Member may add up to five (5) other people and pets who are in such Plus Member's immediate family (each, an “Add-On Member”). Each Add-On Member will have a separate Account and will be assigned a separate Card. Plus Members and Add-On Members must use the Cards assigned to them, although Plus Members and Add-On Members may use each other's cards interchangeably. Add-On Members may be any age, including under the age of 18, provided, however, that Add-On Members under the age of 18 may utilize the Service only with the involvement of a parent or legal guardian and as such parent or legal guardian's Add-On Member.

Your Plus Membership starts on the date that you sign up for a Plus Membership and provide us with your Payment Method. You will be charged starting on the date of your Plus Membership unless you have a free trial period (as specified during your sign-up for the Plus Membership), and your Plus Membership will automatically renew and continue for one (1) month periods (each, a “Membership Cycle”) unless and until you cancel your Plus Membership or LookAtMyTooth terminates it. If you have a free trial period, as specified during your sign-up for the Plus Membership after your trial period ends (if any), your Plus Membership will automatically renew and continue for continuous Membership Cycles unless and until you cancel your Plus Membership or LookAtMyTooth terminates it. For example, if your Plus Membership starts on May 12, and your trial period ends on June 12, your Plus Membership will automatically renew for an additional Membership Cycle on June 12 unless you cancel prior to June 12, or LookAtMyTooth terminates your Plus Membership. If you cancel your Plus Membership at least one (1) day before the next Membership Fee is due, your Plus Membership and access to the Services will terminate on the day your next Membership Fee is due. Otherwise, LookAtMyTooth will bill you for an additional Membership Fee, and your Plus Membership and access to the Plus Services shall expire one month after your last paid Membership Fee. If you cancel your Plus Membership within the first thirty (30) days of your Plus Membership, you will receive a full refund of any Membership Fees paid. Amounts paid for medications and prescriptions are not refundable. You may cancel your Plus Membership and update your billing details by logging into your Plus account and visiting the Settings tab on the LookAtMyTooth mobile application at any time.

Free trial eligibility is determined by LookAtMyTooth at its sole discretion and LookAtMyTooth may limit eligibility to prevent free trial abuse. LookAtMyTooth reserves the right to revoke the free trial and put your Account on hold in the event that LookAtMyTooth determines that you are not eligible. Individuals, households, or members of an organization with an existing or recent LookAtMyTooth membership are not eligible. LookAtMyTooth may use information such as device ID, method of payment or an email address used with an existing or recent LookAtMyTooth membership to determine eligibility. For combinations with other offers, restrictions may apply. To view more details about your plan, visit the Plus Site and click the “Account” link to view your Account Settings page. You may also open the App, tap on the “Settings” tab, log into your Account, then tap “LookAtMyTooth Plus”, then tap the “Plan” section.

LookAtMyTooth may change the price for your LookAtMyTooth subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the LookAtMyTooth Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect.

By starting your Plus Membership, you authorize LookAtMyTooth to charge your Payment Method a Plus Membership fee of the then-current rate, which may change from time to time (the “Membership Fee”), on the first day of each Membership Cycle until your Plus Membership is cancelled, placed on hold or terminated. LookAtMyTooth reserves the right to change the timing of its billing, provided that LookAtMyTooth will adjust the amount it bills in accordance with any such change.

If LookAtMyTooth does not receive the Membership Fee from you, LookAtMyTooth may terminate your access to the Services. All fees are non-refundable, unless otherwise provided in these Terms. As between you and LookAtMyTooth, LookAtMyTooth reserves the right to revise any fees at any time in LookAtMyTooth's sole discretion.

If a Membership Fee is not successfully settled, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to the Plus Site or any portion thereof.

LookAtMyTooth will bill the Membership Fee to you through a third party provider (currently, Stripe, Inc.) LookAtMyTooth uses to process payments for the Services from your financial service provider. The third party provider alone collects and manages your payment information, including without limitation any credit card numbers; LookAtMyTooth does not store or have access to any of your payment information. You may have the option of establishing a payment account with the third party provider to facilitate recurring payments, which would then be subject to separate terms and conditions. Click here for more information how Stripe collects, uses and protects your payment information.

Once you are a Plus Member, you will have access to pharmacies in the network without any waiting period. You can see a current list of LookAtMyTooth Plus participating pharmacies on the Plus Site, or by calling 1-855-487-0694. Please reach out to 1-855-487-0694 to request specific contact information for your department of insurance or service of process information for a specific state.

If you are a Plus Member, you may place your Plus Membership on hold when and for so long as you wish through the Plus Site. While your Plus Membership is on hold, you will not be charged Membership Fees (as defined below), provided that you submit the request to place your Membership on hold at least five (5) days before the start of the next Membership Cycle to avoid billing of the next Membership Fee.

If you are a Plus Member, you may cancel your Plus Membership by logging into your LookAtMyTooth Plus account and visiting the Settings tab on the LookAtMyTooth mobile application. Unless you have a discounted membership fee, you will be charged $5.99 for the individual plan or $9.99 for the family plan for each Membership Cycle prior to or at the beginning of each Membership Cycle, unless you cancel your subscription at least one day before your Membership Fee is due. If you cancel your Plus Membership at least one day before the next Membership Fee is due, your Plus Membership and access to the Services will terminate on the day your next Plus Membership Fee is due. Otherwise, LookAtMyTooth will bill you for an additional Membership Fee, and your Plus Membership and access to the Services shall expire one month after your last paid Membership Fee. If you cancel your Plus Membership within the first thirty (30) days of your Plus Membership, you will receive a full refund of any Membership Fees paid. Amounts paid for medications and prescriptions are not refundable. You will be charged to the credit card number you provided. You may cancel your subscription and update your billing details on your account page.

LookAtMyTooth reserves the right to modify or terminate the Services, your status as a Plus Member, your Add-On Members' status as such and access to the Services and/or your access to the Services by terminating or deactivating your Account or canceling your Plus Membership for any or no reason, without notice, at any time and without liability to you. If your Plus Membership is terminated, you may still have access to your Account, and we may retain any content that you posted or data that you generated through your Account and use of the Services or delete it, and all rights granted to you in these Terms will immediately cease. You acknowledge and agree that your only recourse against LookAtMyTooth in the event LookAtMyTooth terminates your Plus Membership is a pro-rated discount of the monthly fee paid for the Services calculated as of the date your Plus Membership was cancelled. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Each Plus Member and Add-On Member may view their own prescription history on the Plus Site. If you are a Plus Member, you may automatically view the prescription history of Add-On Members who are under the age of 14, and you may view the prescription history of Add-On Members who are over the age of 13 only with the permission of the Add-On Member (which permission you may request through the Plus Site). If you view the prescription history of Add-On Members, or you request that a mail delivery prescription be fulfilled on behalf of a family member or dependent, you represent and warrant that you have permission to do so and to view the prescription information related to your request and your family member.

Manufacturer Programs. You may also choose to provide us with information to determine your eligibility for and to enroll in a pharmaceutical manufacturer’s copay card program. Such information may include your name, address, insurance information (such as whether you have commercial or government insurance), age and residency status. We do not control, operate or endorse in any respect information, products or services provided by such third parties and in no event shall LookAtMyTooth be responsible or liable for any products or services of such third party providers, including pharmaceutical products. In some cases, we contract with pharmaceutical manufacturers to provide the manufacturer-sponsored coupons. The pharmaceutical manufacturers we contract with may change from time to time. We may be compensated for displaying the manufacturer-sponsored coupons on our applications and websites.

Home Delivery. In connection with your use of the Services, we may offer access to prescription delivery services via third parties. LookAtMyTooth does not endorse such third-party services. In no event shall LookAtMyTooth be responsible or liable for any products or services of such third-party providers, including pharmaceutical products. If you elect to sign up for recurring prescription deliveries, you authorize us to charge your credit card or debit card on file on a recurring basis (which may vary depending on your specific prescription) for the applicable amount of the prescription plus any fees until you cancel automatic refills on your Account. The price of your prescription may change between refills. You may cancel your delivery at any time by visiting your Account. You must cancel your delivery before your order is shipped in order to avoid any charges.

Telehealth Services.

LookAtMyTooth offers an online communication platform for Providers (defined below) and their patients to connect through the use of synchronous and asynchronous telecommunications technologies.

We currently contract with a number of certified medical groups to provide Telehealth Services the Site (collectively, the “Medical Groupss”): The Medical Groupss we contract with may change from time to time.

The physicians and other healthcare professionals employed or contracted with the Medical Groups (individually, a “Provider,” and collectively, the “Providers”) provide online telehealth medical consultations. The professional medical services (which are provided by the Medical Groups) and the non-clinical Site services (which are provided by us, including the LookAtMyTooth Care Assistant) are collectively referred to in this Terms of Use as the “Telehealth Services”.

Neither LookAtMyTooth nor Medical Groupss endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. We and the Medical Groups fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct the Medical Groups to transmit that prescription to the pharmacy of your choice.

By using the Telehealth Services, you acknowledge the potential risks associated with Telehealth Services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.

LookAtMyTooth does not provide medical advice or care. LookAtMyTooth contracts with the Medical Groupss, an independent, physician-owned medical group with a network of United States based Providers who provide clinical telehealth services. The Medical Groupss Providers deliver clinical services via the LookAtMyTooth platform to their patients. Providers are independently contracted or employed by the Medical Groupss. Providers are not contracted or employed by LookAtMyTooth. The Providers, and not LookAtMyTooth, are responsible for the quality and appropriateness of the care they render to you. The Providers are independent of LookAtMyTooth and are merely using the Site as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from LookAtMyTooth.

Your interactions with the Providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither LookAtMyTooth or any third party who may promote the Site or Telehealth Services or provide a link to the Telehealth Services, shall be liable for any professional advice obtained from a Provider via the Site or Telehealth Services, nor any information obtained on the Site. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Telehealth Service is solely at your own risk and you assume full responsibility for all risks associated herewith. LookAtMyTooth does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Telehealth Services. You will be provided with an available Provider based solely on the information you submit to the Site. You are ultimately responsible for deciding to accept the services of your particular Provider.

The Telehealth Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification

Neither LookAtMyTooth nor Medical Groups are insurers. The Telehealth Services are not insurance products, and the amounts you pay to us or the Medical Groups are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

LookAtMyTooth and the Medical Groups operate subject to state and federal regulations, and the Telehealth Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Telehealth Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Telehealth Services is limited exclusively to users located in States within the United States where the Telehealth Services are available. Telehealth Services are not available to users located outside the United States. Accessing the Site or Telehealth Services from jurisdictions where content is illegal, or where we do not offer Telehealth Services, is prohibited.

In the event a Telehealth Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Telehealth Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.

LookAtMyTooth Care Assistant.

LookAtMyTooth Care Assistant is a non-clinical service provided by us, a software service which assists users navigating the Site. The LookAtMyTooth Care Assistant is not a healthcare provider and does not provide medical care or a medical diagnosis. All of the information you provide to the LookAtMyTooth Care Assistant such as text, graphics, video, photographs, images, messages, forum postings, and any other materials (“SymptomBot Information”), will not be subject to the Medical Groups Notice of Privacy Practices unless such SymptomBot Information is integrated into your medical chart for review by the Provider. THERE IS NO GUARANTEE THAT SYMPTOM CHECKER INFORMATION WILL BE SEEN BY A PROVIDER.

Any SymptomBot Information, whether or not provided to a Provider, may be retained and used by us to provide products and services to you on the Site as well as develop new features and offerings, subject to the terms of the our Privacy Policy.

ALL OF THE MATERIAL PROVIDED THROUGH THE LookAtMyTooth CARE ASSISTANT PORTION OF THE SITE, SUCH AS TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, MESSAGES, FORUM POSTINGS, AND ANY OTHER MATERIALS, ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. LookAtMyTooth CARE ASSISTANT DOES NOT PROVIDE MEDICAL CARE, ADVICE OR DIAGNOSIS AND IS NOT A QUALIFIED HEALTHCARE PROVIDER.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION PROVIDED THROUGH THE LookAtMyTooth CARE ASSISTANT.

VaxYes By LookAtMyTooth.

VaxYes is a secure digital vaccine wallet, that allows a user to digitize and store vaccine information in an encrypted wallet.  For Covid-19 Vaccines, You attest under the penalties of perjury that I was, or will be, fully vaccinated for COVID-19 with an FDA- or WHO-authorized vaccine— meaning that two weeks had passed, or will have passed, since your final dose of the authorized vaccine— at this time.

Participation in Third-Party Promotions.

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

Purchases.

You can make purchases via certain Services. We accept credit cards and debit cards issued by U.S. banks. If a credit card account or debit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. By enrolling in such services, you authorize us to charge the credit card or debit card associated with your Account on a recurring basis for the applicable amount of the recurring product and/or service until you cancel the applicable services through your Account. You may cancel the applicable services at any time. If you want to designate a different credit card or debit card or if there is a change in your credit card or debit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

4. Restrictions on Use

You agree not to use the Services in a way that is, in LookAtMyTooth's discretion, harmful to minors in any way or violates any applicable law, regulation, obligation or other similar restrictions imposed by a government. You also agree not to violate any community requirements posted by LookAtMyTooth from time to time, remove any copyright, trademark or other proprietary notices from any portion of the Services (including any discount coupons or other content sent to you), cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means. You shall promptly notify LookAtMyTooth if you learn of any security breach related to the Services.

You agree that any prescriptions or pharmaceutical products that you acquire or obtain through the Services will be solely for your (or your family member’s or dependent’s, as applicable to whom the prescription is written for) personal use. LookAtMyTooth may cancel, suspend, or terminate your access to the Plus Site and the Services at any time and for any reason, including any violation of these Terms.

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Services or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Services, deep-link to any feature or content on the Services, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Services or any activity being conducted on this Services.

You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit LookAtMyTooth Services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.

You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.

Your Account or access to Services may be terminated for any of the above infractions.

5. Not Medical Advice

The contents of the Services are for informational purposes only. The content does not provide medical advice and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professionals or providers with any questions you may have regarding a medical condition or medicine. Never disregard professional medical advice or delay in seeking it because of the Services.

LookAtMyTooth does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned in relation to the Services. Reliance on any information provided by LookAtMyTooth or the Services is solely at your own risk.

You may have access to medical professionals through the Telehealth Services or through third party services referenced or listed by the Services.

With respect to the Telehealth Services, LookAtMyTooth does not provide medical advice or care. LookAtMyTooth contracts with the Medical Groups, an independent, physician-owned medical group with a network of United States based Providers who provide clinical telehealth services. The Medical Groups Providers deliver clinical services via the LookAtMyTooth platform to their patients. Providers are independently contracted or employed by the Medical Groups. Providers are not contracted or employed by LookAtMyTooth. The Providers, and not LookAtMyTooth, are responsible for the quality and appropriateness of the care they render to you. The Providers are independent of LookAtMyTooth and are merely using the Site as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from LookAtMyTooth. While LookAtMyTooth facilitates your communications with, Providers, LookAtMyTooth does not provide medical services, and the doctor-patient relationship is between you and the Medical Groups Provider.

The Services also provide information about links to services with which you may provide you with online visits to for many popular health conditions, which visits may include medical advice from medical professionals who are able to prescribe medication. To the extent you wish to use the service, you are receiving advice and prescriptions from third parties and not LookAtMyTooth.  Any advice or services you receive will be subject to additional terms you will agree to from such third parties.

The content of the Services (including the Telehealth Services and Healthination), including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, counseling, diagnosis, treatment, the practice of medicine including but not limited to psychiatry, psychology or psychotherapy, the creation of a physician-patient or clinical relationship or recommendations of any kind by LookAtMyTooth. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions or any other matter related to your health or general well-being. All information provided by LookAtMyTooth, or in connection with any communications supported by LookAtMyTooth, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.

The inclusion of information and links related to any third-party telehealth provider in the Services is for informational purposes only.  LookAtMyTooth is not arranging for any referral to, or making any recommendation of, or referral to, any particular telehealth provider. The inclusion of any telehealth provider’s information or links in the Services does not constitute an endorsement or recommendation by LookAtMyTooth. It is your responsibility to select a telehealth provider of your choice, if any, based on your own research and due diligence. LookAtMyTooth does not credential or certify healthcare practitioners.  You are completely free to choose any telehealth provider referenced by the Services, to choose your own telehealth provider not referenced by the Services, or to have an exam performed by an in-person provider.

If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.

6. The Services are “As Is”

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LookAtMyTooth MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. LookAtMyTooth DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, LookAtMyTooth SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.

LookAtMyTooth is not obligated to provide any maintenance, technical or other support for the Service.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. LookAtMyTooth does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

7. Eligible Users

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with LookAtMyTooth and meet all of the foregoing eligibility requirements. The Services are offered and available to users who reside in the United States or any of its territories or possessions. If you do not meet all of these requirements, you must not access or use the Services.

8. License

LookAtMyTooth Limited License to You.

Subject to your compliance with these Terms, LookAtMyTooth grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the LookAtMyTooth websites and mobile applications solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by LookAtMyTooth and LookAtMyTooth's licensors.

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by LookAtMyTooth; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third Party Services and Content.

The Services may link you to other websites and services on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other third parties. These websites and services may contain information or material that some people may find inappropriate or offensive. These other websites, services and parties are not under LookAtMyTooth's control, and you acknowledge that LookAtMyTooth and its Affiliates are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the materials or substance of such websites and services, nor are LookAtMyTooth or its Affiliates responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied. The inclusion of any telehealth provider on LookAtMyTooth’s marketplace or in any other communication is for informational purposes only.  LookAtMyTooth is not arranging for any referral to, or making any recommendation of, or referral to, any particular telehealth provider. The inclusion of any telehealth provider does not constitute an endorsement or recommendation by LookAtMyTooth, whether or not the telehealth provider appears on the LookAtMyTooth marketplace or is accessible through hyperlinks in the LookAtMyTooth website. Any listing of telehealth providers only indicates that such telehealth providers have contracted to be listed on LookAtMyTooth’s marketplace. It is your responsibility to select a telehealth provider of your choice, if any, based on your own research and due diligence.

The Services may be made available or accessed in connection with third party services and content, including advertising. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. LookAtMyTooth does not endorse such third party services and content and in no event shall LookAtMyTooth be responsible or liable for any products or services of such third party providers, including pharmaceutical products or medical care (“Third Party Providers”).

Ownership.

Copyright © 2020 LookAtMyTooth, Inc. All Rights Reserved.

The following are registered trademarks or service marks of LookAtMyTooth or its Affiliates: LookAtMyTooth, VaxYes, SyptomBot, LookAtMyTooth Plus, BenefitsChecker, Wellpay, DocBook, RxShopper. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of LookAtMyTooth or its Affiliates. All other trademarks or service marks are property of their respective owners. The Services and all rights therein are and shall remain LookAtMyTooth's property or the property of LookAtMyTooth's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner LookAtMyTooth's company names, logos, product and service names, trademarks or services marks or those of LookAtMyTooth's licensors.For purposes of these Terms, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services available only to Plus Members utilizing the Services. By accepting these Terms, you acknowledge and agree that all content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of LookAtMyTooth and/or its Affiliates. You are only permitted to use the content as expressly authorized by LookAtMyTooth or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content in any form or by any means without prior written permission from LookAtMyTooth or the specific content provider, and you are solely responsible for obtaining permission before reusing any content. Any unauthorized use of content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither LookAtMyTooth nor its Affiliates warrant or represent that your use of content will not infringe the rights of third parties.

9. User Accounts

In order to use some aspects of the Services, you must register for and maintain one or more accounts (“Accounts”). Account registration requires you to submit to LookAtMyTooth certain personal information, such as your name and email address or mobile phone. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use the Services.

LookAtMyTooth and the Medical Groups may contact you by telephone, mail, or email to verify your Account information. LookAtMyTooth and the Medical Groupss may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested, we reserve the right to suspend, discontinue, or deny your access to and use of the Services until you provide the information to us as requested.

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Therefore, you must take steps to ensure that others do not gain access to your password and Account. Our personnel will never ask you for your password. You may not transfer or share your Account with anyone, and we reserve the right to immediately terminate your Account if you do transfer or share your Account. Unless otherwise permitted by LookAtMyTooth in writing, you may only possess one Account. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).

You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

10. Messaging Services

LookAtMyTooth may allow users to request and receive pricing information, coupons and marketing messages via communications, including but not limited to text messaging and email. By providing us with your contact information, you are consenting to receive pricing information, coupons and marketing messages from LookAtMyTooth, including being contacted with communications containing prescription-related information and medical information. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party. LookAtMyTooth provides no warranty for any of the pricing data or other information provided to you via such communications. If you provide us with a third party's contact information in connection with a messaging service, you represent that you have permission for us to contact such third party, including with certain health-related information. When you use the Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

Consent to Receive Text Messaging and Telephone Calls.

You agree that LookAtMyTooth may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your Account or otherwise provided to us, including for marketing purposes. If you provide us with a third party's contact information in connection with a messaging service, you represent that you have permission for us to contact such third party by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided, including for marketing purposes. Should you send LookAtMyTooth a direct SMS message through a mobile device, such message constitutes your prior express written consent to receive the messages you request to that SMS device. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving marketing text messages from LookAtMyTooth at any time, either by texting the word “STOP” to the text message using the mobile device that is receiving the messages.

11. User Provided Content

LookAtMyTooth may, in LookAtMyTooth's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to LookAtMyTooth through the Services textual, audio, and/or visual content and information, including commentary, testimonials and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). You may also submit User Content via surveys, customer service communications and social media channels. You grant LookAtMyTooth a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content, including in edited and partial form, together with your name, location, and any other personal information you provide in all formats and distribution channels now known or hereafter devised (including in connection with the Services and LookAtMyTooth's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant LookAtMyTooth the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor LookAtMyTooth's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by LookAtMyTooth in its sole discretion, whether or not such material may be protected by law. LookAtMyTooth may, but shall not be obligated to, review, monitor, or remove User Content, at LookAtMyTooth's sole discretion and at any time and for any reason, without notice to you, except where prohibited.

12. Disclaimers; Limitation of Liability; Indemnity

DISCLAIMER.

ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LookAtMyTooth DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LookAtMyTooth MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, ACCURACY, TIMELINESS, QUALITY, SECURITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LookAtMyTooth DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS, INCLUDING THE MEDICAL GROUP OR PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

INFORMATION AVAILABLE THROUGH THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED THEREIN TO STOP PROVIDING MAIL DELIVERY SERVICES, AND TO SWITCH OUR ASSOCIATED THIRD PARTY CONTRACTORS AND VENDORS, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICES OR THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. LookAtMyTooth MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, CONTENT, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES OR THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY LookAtMyTooth OR ITS AFFILIATES.

Content available through the Services often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with LookAtMyTooth. LookAtMyTooth does not endorse, nor is it responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized LookAtMyTooth, Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms.

You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Services are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY THE PHARMACIES LISTED ON THE SITE MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY THE PHARMACY OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. LookAtMyTooth DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

LookAtMyTooth SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE MEDICAL GROUP OR PROVIDERS. LookAtMyTooth SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF LookAtMyTooth, EVEN IF LookAtMyTooth HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LookAtMyTooth SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF LookAtMyTooth HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LookAtMyTooth SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND LookAtMyTooth'S REASONABLE CONTROL.

THE SERVICES MAY BE USED BY YOU TO ACCESS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT LookAtMyTooth HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS. FURTHER, LookAtMyTooth SHALL NOT BE LIABLE IN ANY WAY FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF MEMBERSHIP FEES

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES OR PRODUCTS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LookAtMyTooth’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON LookAtMyTooth’S CHOICE OF LAW PROVISION SET FORTH BELOW. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF LookAtMyTooth TO YOU WITH RESPECT TO YOUR USE OF THE SERVICES IS $50 (FIFTY DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

Indemnity.

You agree to indemnify and hold LookAtMyTooth and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees related to defending or resolving any suits), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) LookAtMyTooth's use of your User Content; (iv) your violation of the rights of any third party, including Third Party Providers or (v) your violation or alleged violations of applicable laws or regulations, including anti-spamming rules, regulations, laws, statutes. LookAtMyTooth reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with LookAtMyTooth in asserting any available defenses.

13. Other Provisions

Choice of Law.

These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of California law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.

Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe their rights under US copyright law have been infringed. If you believe in good faith that materials hosted by us infringe your copyright (for example, materials posted by a user on one of our forums), you or your agent can send us a notice requesting that the material be removed or access to it blocked. In the event the site allows you to upload copyrighted material, these Terms apply.

If you believe your copyright-protected work has been posted on the site or in conjunction with Service in a way that constitutes copyright infringement (please consult an attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws), please contact our DMCA Agent with a notice containing the following information:

• Reasonably sufficient details to enable us to identify the work claimed to be infringed (e.g., title, author, any registration or tracking number, URL) or, in the case of multiple works, a representative list of such works;
• Reasonably sufficient details to enable us to identify and locate the material claimed to be infringing (e.g., a link to the page that contains the material);
• Your name, address, telephone number, and, if available, email address;
• A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
  
  
• A written statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
• Your physical or electronic signature.

If you believe material that you have posted to the Services has been improperly taken down, you may file a written counter-notice with our DMCA Agent. Please include the following details:

• Identification of the material that has been removed or to which access has been disabled and the location at which it appeared before it was removed or disabled;
• A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• Your name, address, telephone number, and, if available, email address;
  
  
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the US, for any judicial district in which LookAtMyTooth may be found, and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as described above; and
• Your physical or electronic signature.

DMCA notices must meet current statutory requirements imposed by the DMCA.

Please send DMCA notices to our DMCA Agent at the following address or by email (subject line “DMCA Communication”): DMCA Agent, LookAtMyTooth, Inc., 400 Concar Drive, San Mateo CA 94402.

Email: legal@LookAtMyTooth.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake, may be subject to liability. Please also be advised that we enforce a policy of terminating the Accounts of repeat infringers (i.e., users who have made two or more postings for which we receive a notice of infringement).

LookAtMyTooth’s DMCA Agent should be contacted only for the purposes set forth in this Section. NON-DMCA INQUIRIES DIRECTED TO LookAtMyTooth’S DMCA AGENT WILL NOT BE ANSWERED. MISUSE OF THE DMCA CAN SUBJECT YOU TO LIABILITY.

Notice.

LookAtMyTooth may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to LookAtMyTooth, with such notice deemed given when received by LookAtMyTooth, at any time by first class mail or pre-paid post to LookAtMyTooth, Inc., 400 Concar Drive, San Mateo CA 94402 or by email sent to the attention of Customer Service at info@LookAtMyTooth.com.

Entire Agreement.

Except as expressly provided herein, these Terms, any supplemental terms, and the Privacy Policies referenced herein constitute the entire agreement between you and LookAtMyTooth with respect to the use of the site and Services.

General.

You may not assign these Terms without LookAtMyTooth's prior written approval. LookAtMyTooth may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of LookAtMyTooth's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, LookAtMyTooth or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. LookAtMyTooth's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LookAtMyTooth in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. Please contact us at support@LookAtMyTooth.com with any questions regarding these Terms.

Privacy Policy

Last updated: 11/16/2021

This privacy policy governs your access or use, of content, products, and services made available by LookAtMyTooth, LLC. and its parents, subsidiaries, and affiliates.

Your use of our Services, including any dispute concerning privacy, is subject to this Privacy Policy and our Terms of Use. BY USING OUR SERVICES, YOU ARE ACCEPTING THIS PRIVACY POLICY AND OUR TERMS OF USE AND AUTHORIZING THE COLLECTION, USES AND DISCLOSURES SET FORTH HEREIN. If you do not agree to this Privacy Policy or our Terms of Use, do not access or use the Services. This Privacy Policy and our Terms of Use expressly supersede prior agreements or arrangements with you.

California Residents: Please visit LookAtMyTooth/ccpa to read the Privacy Policy Addendum for California Residents for information about California consumer rights.

Information Collected by LookAtMyTooth

Information You Provide to LookAtMyTooth

You may choose to provide us with information to receive certain Services. The information you provide us depends on the Services you choose to access and may include:  

• Name, date of birth, and demographic information (e.g., age, gender, etc.)
• Home, work, billing, and/or shipping addresses
• Email address
• Home and/or mobile phone number
• Password
• Health, prescription, pharmacy, and related information
• Messages from you
• Credit card information
• Insurance information
• Driver’s license or other government identification number

If you choose to provide us with information about your family members or any other individual, you represent and warrant that you have permission to provide this information to LookAtMyTooth.

You agree to let us use and share the information you provide in order to provide the Services, to run our business (including for the purposes of internal business operations, analytics, and to provide, develop, change, market or optimize our services and products), and to communicate and market to you (directly or via third parties).

You agree that LookAtMyTooth may contact you by mail, telephone, email, or text message (including by an automatic telephone dialing system) at any of the addresses, phone numbers or other information provided by you or on your behalf in connection with your account, including for marketing purposes. LookAtMyTooth advertising and communications may include health, prescription, pharmacy, and related information. Should you send LookAtMyTooth a direct SMS message through a mobile device, such a message constitutes your prior express written consent to receive, review, and respond to the messages you request to that SMS device. You understand that you are not required to provide this consent as a condition of using our Services. You also understand that you may opt out of receiving marketing text messages from LookAtMyTooth at any time, either by texting the word “STOP” to the text message using the mobile device that is receiving the messages.

Situations in which you may provide us with information include but are not limited to:

• When you register for an account.
• When you sign up for price alerts, communications, and/or promotions
• When you e-mail or text a coupon to yourself
• When you request a discount card
• When you use a discount card or coupon
• When you send us communications or communicate with us via phone, text, chat, email, or any other means

Information Collected When You Use Our Websites or Mobile Applications

In addition to any information that you choose to submit to us, we and the third parties we work with may use a variety of technologies that automatically (or passively) collect certain information whenever you use the Services. This information includes but is not limited to:

• Geo-location information
• Internet Protocol (IP) address
• Information about your operating system and browser, such as its maker or version
• The pages and content of our websites/screens that you view (including URL and screen name)
• What information, content, or advertisements you view, hover over, or click on
• Referral websites
• Unique identifiers
• Login information
• Mobile device information, such as your telephone number, mobile device ID, the make, model, operating system, capacity and settings of your device

We and/or third parties we work with collect this information using technologies including but not limited to the following:

• Cookies. We use cookies to collect, store and sometimes track information for statistical purposes to improve the services we provide. If you are a registered user for any Service, we will use a cookie to save your settings and to provide customizable and personalized services and information collected will be associated with your account. If you do not want information to be collected through the use of cookies, your browser and/or device may allow you to disable and/or control the use of cookies. We do not control the use of any cookies that are deposited on your computer when you visit third-party websites, and we expressly disclaim responsibility for information collected through them. We permit you to control the cookies collected via the “Cookie Preferences” located at the bottom of the applicable webpage or applicable website.
• Remarketing technology. We may use Google and Facebook, and other remarketing providers to advertise online and offline. We may place cookies, tags, pixels, SDKs and other tracking technology on your computer or other devices, or otherwise collect and provide your information to assist Google, Facebook, other third parties, or LookAtMyTooth to feed advertisements or to send direct mail campaigns to you based on your past visits to LookAtMyTooth and other websites; and we may also allow other third parties, including Google, to do so as well. We may permit third parties to collect your personal information over time or across third-party websites, mobile applications and/or online services, including those that assist us in operating our Services.
• Web beacons. Web beacons are graphic image files that collect information about your use of and interactions with the Services.
• Embedded scripts. An embedded script is programming code that collects information about your use of and interactions with the Services.
• Plug-Ins. We may use plug-ins, such as Facebook or Twitter. Each plug-in is the responsibility of the plug-in provider, and we have no control over the information that the respective provider collects through its plug-in or how that provider uses such information. If you are not yet a user of the provider or have not consented to having your data collected and used by that provider, you should not click on those plug-ins. If you are already a user of the plug-in provider, you should refer directly to the relevant provider for information on the kind of personal data that the provider collects and uses, and for what purposes.

By using our Services, you agree to let us use and share such information in order to provide the Services, to run our business (including for the purposes of internal business operations, analytics, and to provide, develop, change, market or optimize our services and products), and to communicate and market to you (directly or via third parties).

Demographics and Interest Information

The Services have implemented Google Analytics Demographics and Interest reporting. This tool requires that we permit access to cookie identification information and enables us to view demographic and other information aggregated from the overall population of the visitors to our website. The information we receive does not include your name or contact information.  

Information You Provide to Third Parties

We receive information about you from third parties, including as detailed below:

1. Healthcare professionals. Some healthcare professionals who use LookAtMyTooth may text or email you a coupon. In order to receive the coupon from your healthcare professional, you must provide your contact information and your prescription information. By providing your healthcare professional with your contact information and your prescription information, you are requesting to be contacted with prescription-related information, and you acknowledge that there may be some risk that the message could be read by a third party. We also receive information from our Medical Groups and other healthcare partners.
2. Marketing partners. We may work with third parties to conduct marketing campaigns and/or receive information for potential users of our Services. Such third parties may collect and provide to us personal information such as your name, contact information, medical information (such as condition and prescription) and demographic information (such as age and location). Third parties may also include friends and family members who participate in our referral program.
3. Data partners. We may in some cases supplement the information we collect about you with information from third parties, including data regarding online activities across devices and online platforms.
4. Pharmacy benefit managers. Most prescriptions purchased in the United States, including prescriptions filled through the use of discount coupons, loyalty cards or insurance co-pays, result in the pharmacy reporting patient data back to the company that provides the benefit. When you use a coupon provided by LookAtMyTooth, we receive information about the transaction from the corresponding pharmacy benefit manager.

By using the Services, you agree to let us use and share such personal information in order to provide services to you, to run our business (including for the purposes of internal business operations, analytics, and to provide, change, market or optimize our services and products), and to communicate and market to you (directly or via third parties).

When do we share information that can identify you with a third party?

LookAtMyTooth does not sell personal medical information. We do not provide your personally-identifiable medical information to third parties in exchange for payment.

Like many companies, LookAtMyTooth uses personal information in order to provide services to you, to run our business (including for the purposes of internal business operations and analytics, to provide, change, market or optimize our services and products), and to communicate and market to you. In some instances, we may use third parties to help assist us in the above.

Here are some examples where we may share information with third parties:

• To market and advertise to you
• To send you a discount card, coupons, manufacturer copay cards (in cases where you provide us with your information to determine your eligibility for such copay card and you meet the eligibility criteria for such copay card) and/or communications (such as information about your account and marketing)
• To process your credit card information (in cases where you provide us with your credit card information) and track payments
• To supplement our data
• To fulfill, deliver, develop and enhance services and products
• To store data
• To analyze data
• To address or handle patient advocacy support requests

We may disclose information you provide, about your use of our websites or apps, or that we obtain about you from third parties if we are required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect someone’s safety. LookAtMyTooth may transfer its user database, including personal information contained therein, to a third party who acquires all or substantially all of the assets or stock of LookAtMyTooth whether by merger, acquisition, reorganization or otherwise.

Additional Privacy Disclosures Relating to LookAtMyTooth

LookAtMyTooth offers a platform that enables health care professionals (“Providers”) and patients to get dental warranties.

Your Provider is responsible for providing you with a Notice of Privacy Practices, which describes how the entities in the Medical Groups (as defined below) may use and disclose your Protected Health Information. If you do not agree to be bound by those terms, which are available here, you are not authorized to access or use LookAtMyTooth Care services.

What about kids’ personally identifiable information?

The Services are only for users of the age of 18 or older. If you are under the age of 18, please do not attempt to register with us or provide any personal information about yourself to us at any time for the Services. We assume our Services are used by adults. We respect the privacy of parents and children and are committed to complying with the Children’s Online Privacy Protection Act (“COPPA”). With respect to those Services that ask for age, we do not collect personal information from individuals who identify themselves as under the age of 13 except in those limited circumstances where we believe that such collection is permitted under COPPA.

We may ask prospective users to provide their age during the registration process and at other times while using the Services. If a user indicates that he or she is under the age of 13 then all personal data collected during the registration process is automatically deleted except that we may retain and use limited information, such as the child’s email address, for a limited period of time, in those cases where we believe that the collection and use of such information is permitted under COPPA.

If a parent believes that his or her child has provided us with personal information, he or she can contact us via email or postal mail as listed below. We will promptly delete the information upon learning that it relates to a child under the age of 13.

Additional privacy related information

Security

Although we will have reasonable security safeguards with respect to the Services, we cannot ensure or warrant the security of any information transmitted to us over the internet or other electronic means (such as text messages), and we accept no liability for any unintentional disclosure.

Referral Programs

If you choose to use our referral service, we may send a one-time email or text message inviting the person you are referring to use our Services or provide you a link that you can send to such person. This email or text message may include your name and other information.

If you click on a referral link sent to you by a referring person, we will share details about your use of our Services, including your use of coupons, with the referring person.  Please do not sign up via the referral link or participate if you do not want us to share your information with your friend.  We will also share your personal data with third parties as set forth in this privacy policy.  We use a third party to help us track referrals and to send prepaid cards, and we will share your personal information with them, and as otherwise set forth in this privacy policy.

Referrals should only be used for personal, non-professional and non-commercial purposes. Referral links should not be published or distributed on websites. Healthcare providers are ineligible to participate in Referral Programs. Users are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. Referring customers are prohibited from paying to advertise their referral links.

Notice of Financial Incentives. We offer various "financial incentives" as potentially defined under CCPA. For example, we may offer gift cards, discounts, or special offers when you provide your email address or other personal information by registering for an account, signing up for communications, joining a loyalty program, or taking similar actions. By opting into these programs, you opt to participate in a financial incentive pursuant to any other terms provided at the time of sign-up. You can withdraw from a financial incentive at any time by not participating further in these programs, unsubscribing from our emails, or closing your account, as applicable. You can also request deletion of your information at support@LookAtMyTooth. We believe the value of the financial incentive to be reasonably related, based on our sole discretion, to the value of the action needed to qualify for the financial incentive (i.e., registration/sign-up), as well as factors such as the expense related to the offer and the attractiveness of the offer to potential participants.

Third-Party Services and Promotions

Our Services contain information about third-party services, and hyperlinks and pointers to Internet sites maintained by third parties and uses some services by third parties. We do not control, operate or endorse in any respect information, products or services provided by such third parties. Many third parties have their own privacy policies that differ from ours. This privacy policy only covers our Services and does not cover any other third parties. We do not control the policies of third parties.

We may offer contests, sweepstakes, or promotions sponsored or co-sponsored by third parties. You may choose to participate in such contests, sweepstakes or promotions and provide information requested by such third parties. We have no control over such third parties’ use of such information.

Do Not Track Requests

At this time we do not respond to browser “Do Not Track” signals.

European Union Visitors

Please do not use the Services if you are not a resident of the United States. The Services are intended for use only by residents of the United States. Use by visitors from the European Economic Area, or EEA, is prohibited.

Deletion Requests and Opt-Outs

All users nationwide can request deletion of their data as specified in the California Consumer Privacy Act. You can submit a request by visiting support@LookAtMyTooth

. Please note that we will need to verify your request before we can fulfill it, including verifying your identity.

To unsubscribe from LookAtMyTooth text marketing messages, please reply STOP to the message.

To unsubscribe from marketing emails, please use the link located at the bottom of the marketing email. LookAtMyTooth complies with CAN-SPAM and you may subsequently opt-out of receiving commercial messages from us by following the directions contained in any commercial email communication. You may still receive transactional messages about your account, including messages pertaining to, the renewal of your subscription (if applicable), and so forth.

To control what cookies are collected when you are on our website, please click on the “Cookie Preferences” link at the bottom of the applicable webpage or applicable website.

Accessing Your Information

We offer consumers nationwide the option to request certain information about our collection and use of your personal information over the past 12 months. You may only make a verifiable consumer request for access twice within a 12-month period. Note that due to its sensitivity, we will only provide you with prescription-specific data if you can provide us with the related BIN, PCN, group number, and member ID.

Cancelling Your Subscription

In the event that you cancel or suspend a subscription service with us, we may still use the information about your use of our Services for record-keeping purposes, to improve our Services, to provide you with discounts, and to market to you (unless you have opted out).

Changes to this Privacy Policy

We may make changes to our privacy policy from time to time. When we do so, we will post the revised privacy policy on our website. Please check the revision date at the top of this page to determine if the policy has been modified since you last reviewed it. The modified privacy policy will be effective immediately upon posting on the service. Your continued use of the Services after the posting of the modified privacy policy constitutes your agreement to abide and be bound by it. We encourage you to periodically review this page for the latest information on our privacy practices. If you object to any modification, your sole recourse is to stop using the Services.