Terms of Service

Last Updated: January 15, 2026

1. Agreement to Terms

1.1 Binding Agreement

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("you", "your", "User") and WNY Orthodontists Directory ("Company", "we", "us", "our"), governing your access to and use of the website located at wnyorthodontists.com (the "Site"), including any related services, features, content, and applications offered by the Company (collectively, the "Services").

1.2 Acceptance

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services.

1.3 Eligibility

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this Agreement. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

1.4 Changes to Terms

We reserve the right to modify these Terms at any time in our sole discretion. We will notify you of material changes by posting the updated Terms on the Site and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

2. Definitions

• "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication.
• "User Content" means Content that you submit, upload, or transmit through the Services.
• "Practice" means an orthodontic practice or healthcare provider listed on the Site.
• "Practice Listing" means the profile page for a Practice on the Site.
• "Claimed Listing" means a Practice Listing that has been verified and claimed by an authorized representative of the Practice.
• "Premium Subscription" means the paid tier of Services offering enhanced features for Practices.
• "Free Tier" means the basic level of Services available at no charge to Practices with Claimed Listings.

3. Description of Services

3.1 Directory Services

The Company operates an online directory connecting individuals seeking orthodontic care ("Patients" or "Visitors") with orthodontic practices in Western New York. The Services include:

• Searchable directory of orthodontic practices
• Practice profiles with information, photos, and reviews
• Educational content about orthodontic treatments and costs
• Tools for comparing practices
• Contact mechanisms to facilitate communication between Visitors and Practices

3.2 Practice Claim System

Authorized representatives of Practices may claim their Practice Listing, subject to verification by the Company. Claimed Listings enable Practices to:

• Edit and update practice information
• Upload photos and content
• Access analytics about listing performance
• Receive lead notifications
• Subscribe to Premium services

3.3 Premium Subscriptions

Practices with Claimed Listings may subscribe to Premium services for enhanced visibility and features, as described in Section 8.

3.4 No Medical Services

The Company does not provide medical, dental, orthodontic, or healthcare services of any kind. The Services are limited to information provision and connection facilitation.

3.5 Independent Directory Service

The Company operates as an independent directory service and is not affiliated with, endorsed by, or associated with any orthodontic practice, professional association, or healthcare provider listed on the Site. Specifically:

• We are not a trade association or membership organization
• We are not affiliated with any practice that has a similar name or operates in Western New York
• We do not operate any orthodontic offices or provide treatment services
• The inclusion of a practice in our directory does not create any business relationship, partnership, agency, or affiliation between the Company and that practice
• We are solely an information service connecting patients with practices

Any similarity between our company name and the names of practices listed in our directory is coincidental and reflects common geographic descriptors for the Western New York region.

4. User Accounts

4.1 Account Creation

To access certain features, you must create an account by providing accurate, complete, and current information. You may be required to select a password and username. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.2 Account Security

You agree to:

• Notify us immediately of any unauthorized use of your account
• Use a strong, unique password
• Log out from your account at the end of each session
• Not share your account credentials with any third party

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended period of inactivity
• Request by law enforcement or government agencies

You may terminate your account at any time by contacting us or using the account deletion feature in your account settings.

5. Practice Listings

5.1 Listing Creation

The Company creates Practice Listings based on publicly available information from sources including but not limited to:

• Professional directories and associations
• Public records and business registries
• Internet-accessible sources
• Direct submissions from Practices

5.2 Listing Accuracy

While we strive to maintain accurate information, we do not guarantee the accuracy, completeness, or timeliness of any Practice Listing. Practices are responsible for claiming their listing and updating their information to ensure accuracy.

5.3 Unclaimed Listings

Practices may appear on the Site without having claimed their listing. An unclaimed listing does not indicate endorsement, participation, or awareness by the Practice.

5.4 Removal Requests

Practices may request removal of their listing by contacting us. We will process removal requests within 30 business days, subject to verification of the requestor's authority.

5.5 Listing Practices Does Not Imply Affiliation

The inclusion of any practice in our directory, whether claimed or unclaimed, does not indicate any affiliation, business relationship, partnership, sponsorship, or endorsement between the Company and that practice. Each listing is provided solely for informational purposes to help consumers locate orthodontic services.

5.6 Public Information and Fair Use

Our directory compiles information that is publicly available from legitimate sources, including professional directories, state licensing boards, business registries, and practice websites. The collection and publication of this factual information constitutes fair use and is protected speech under the First Amendment. We compile and present this information in a directory format to provide a valuable service to consumers seeking orthodontic care.

5.7 Independent Compilation

Our directory is an independent compilation created by the Company. We do not represent any practices, professional associations, or regulatory bodies. The organization, presentation, and selection of practices in our directory reflect our independent editorial judgment.

6. Practice Claim and Verification

6.1 Claim Eligibility

Only authorized representatives of a Practice (owners, partners, managers, or authorized employees) may claim a Practice Listing.

6.2 Verification Process

To claim a listing, you must:

• Create an account
• Submit a claim request with verification information
• Provide documentation proving your relationship to the Practice
• Undergo verification by Company personnel

6.3 Verification Documentation

Acceptable verification documentation may include:

• Business license or registration
• Utility bills or lease agreements in the Practice's name
• Employment verification
• Domain ownership verification (email from practice domain)
• Other documentation deemed acceptable by the Company

6.4 Verification Decision

The Company has sole discretion to approve or deny claim requests. We reserve the right to:

• Request additional information or documentation
• Conduct independent verification
• Reject claims we determine to be fraudulent or unauthorized
• Revoke previously approved claims if fraud or misrepresentation is discovered

6.5 No Right to Listing

Practices do not have an inherent right to a listing on the Site. The Company reserves the right to refuse service to any Practice for any lawful reason.

7. User Content and Conduct

7.1 License Grant

By submitting User Content through the Services, you grant the Company a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, copy, modify, distribute, publicly display, publicly perform, and otherwise exploit such User Content in connection with operating and promoting the Services.

7.2 Content Representations

You represent and warrant that:

• You own or have the necessary rights to submit your User Content
• Your User Content does not infringe any third-party intellectual property rights
• Your User Content complies with these Terms and applicable law
• Your User Content does not contain viruses, malware, or malicious code

7.3 Prohibited Content

You may not submit User Content that:

• Is false, misleading, or fraudulent
• Is defamatory, libelous, or invades privacy
• Contains hate speech or discriminatory content
• Is obscene, pornographic, or sexually explicit
• Promotes violence or illegal activity
• Violates HIPAA or other healthcare privacy laws
• Contains personal health information of patients without consent
• Impersonates any person or entity
• Contains advertising or spam
• Infringes intellectual property rights

7.4 Prohibited Conduct

You agree not to:

• Use the Services for any illegal purpose
• Attempt to gain unauthorized access to the Services or other users' accounts
• Interfere with or disrupt the Services or servers
• Use automated systems (bots, scrapers, spiders) to access the Services
• Collect or harvest user data without consent
• Manipulate, forge, or falsify information on the Services
• Post fake or fraudulent reviews
• Engage in any form of harassment or abusive behavior
• Circumvent any security or access control measures
• Reverse engineer or decompile any aspect of the Services
• Use the Services to send unsolicited commercial communications
• Submit duplicate or spam content
• Create multiple accounts to evade restrictions or bans

7.5 Content Moderation

The Company reserves the right, but is not obligated, to:

• Monitor, review, and moderate User Content
• Remove or modify User Content that violates these Terms
• Refuse to post or remove User Content for any reason
• Take action against users who violate these Terms

7.6 Backup Responsibility

The Company is not responsible for backing up your User Content. You are solely responsible for maintaining backup copies of any User Content you submit.

8. Subscriptions and Payments

8.1 Subscription Tiers

8.1.1 Free Tier

Practices with Claimed Listings receive Free Tier access, which includes:

• Basic profile editing capabilities (limited fields)
• Limited photo uploads (up to 4 photos)
• Basic analytics (30-day views and clicks)
• Email lead notifications
• "Verified" badge on listing

8.1.2 Premium Subscription

Premium Subscriptions are available for $199 per month and include:

• All Free Tier features
• Enhanced profile editing (all fields, unlimited description)
• Extended photo gallery (up to 15 photos)
• Provider profiles with photos and credentials
• Comprehensive analytics dashboard
• Priority placement in directory and search results
• "Featured Practice" badge
• Do-follow backlink (SEO benefit)
• Featured placement on treatment pages
• No competitor advertisements on profile page
• Priority customer support
• Email and SMS lead notifications

8.2 Billing and Payment

• Premium Subscriptions are billed monthly in advance
• Payment is due on the subscription start date and each monthly anniversary thereafter
• You authorize us to charge your designated payment method for all fees
• You must provide current, complete, and accurate billing information
• You must promptly update your payment information if it changes
• All fees are in U.S. Dollars unless otherwise specified

8.3 Automatic Renewal

Premium Subscriptions automatically renew each month unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method for renewal fees.

8.4 Price Changes

We reserve the right to change subscription prices at any time. Price changes will take effect at the start of your next billing cycle after we provide you with at least 30 days' advance notice. Your continued use of the Premium Subscription after the price change constitutes acceptance of the new price.

8.5 Refund Policy

• Monthly Subscriptions: All fees are non-refundable except as required by law. We do not provide refunds or credits for partial months of service, for months unused with an open account, or for downtime or outages.
• Trial Periods: If a trial period is offered, you may cancel before the trial ends to avoid charges. If you do not cancel before the trial period ends, you will be charged the subscription fee.
• Billing Disputes: Any billing disputes must be reported within 30 days of the charge.

8.6 Cancellation

• You may cancel your Premium Subscription at any time through your account settings or by contacting support
• Cancellation takes effect at the end of your current billing cycle
• You will retain Premium access until the end of the paid period
• You will not be charged for subsequent billing cycles after cancellation
• Upon cancellation, your listing will revert to Free Tier (if you have a Claimed Listing) or unclaimed status

8.7 Suspension for Non-Payment

If your payment method fails or you fail to pay fees when due:

• We may suspend your access to Premium features immediately
• We will attempt to collect payment using the payment method on file
• If payment is not received within 15 days, we may downgrade your account to Free Tier or terminate your account
• You remain responsible for all unpaid fees

8.8 Taxes

Fees do not include any taxes, levies, duties, or similar governmental assessments. You are responsible for paying all taxes associated with your subscription, except for taxes based on our net income.

9. Intellectual Property Rights

9.1 Company Ownership

The Services and all content provided by the Company, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, "Company Content"), are the property of the Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Trademarks

"WNY Orthodontists Directory" and other Company trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of the Company. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners. You may not use any Company trademarks without our prior written permission.

9.3 Limited License to Use Services

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes.

9.4 Restrictions

You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Company Content
• Use any Company Content for commercial purposes without our express written consent
• Remove or modify any copyright, trademark, or other proprietary notices

9.5 Feedback

If you provide us with any feedback, suggestions, or ideas about the Services ("Feedback"), you grant us the right to use such Feedback without any obligation or compensation to you. We may use Feedback for any purpose, including improving the Services or developing new products.

9.6 Practice Trademarks and Nominative Fair Use

9.6.1 Third-Party Trademarks

Practice names, logos, and trademarks displayed in our directory belong to their respective owners. The display of these trademarks does not imply any affiliation, sponsorship, or endorsement by the trademark owners. We do not claim any ownership rights in these third-party trademarks.

9.6.2 Nominative Fair Use

Our use of practice names, addresses, and identifying information constitutes nominative fair use under trademark law. We use this information solely to:

• Identify the practices we are referring to in our directory
• Provide factual information about the location and services of these practices
• Enable users to find and contact these practices
• Facilitate accurate comparison and selection of orthodontic services

This use is necessary to describe the practices and does not suggest sponsorship or endorsement by the practices.

9.6.3 Geographic Descriptors

The terms "WNY," "Western New York," "Buffalo," and similar geographic descriptors used in our company name and throughout the Services are descriptive terms commonly used to identify the Western New York region. These terms are not used to create confusion with any particular practice or business, but rather to accurately describe the geographic area served by our directory. Geographic descriptors have limited trademark protection and may be used by multiple businesses serving the same region.

9.6.4 No Affiliation or Association

The fact that a practice's name or trademark may share similar elements with our company name (including geographic descriptors, specialty terms, or other common elements) does not indicate any relationship between that practice and our directory service. We operate independently as an information directory and have no business relationship with practices unless specifically stated in a written agreement.

9.6.5 Removal Requests

If you are a trademark owner who believes your trademark is being used on our Services in a manner that infringes your rights beyond nominative fair use, please contact us at [legal@domain.com] with:

• Identification of your trademark and registration information
• Specific description of how you believe your trademark rights are being infringed
• Your contact information and proof of trademark ownership

We will review legitimate trademark concerns and take appropriate action where warranted, while preserving our right to use trademarks for nominative fair use purposes.

10. Third-Party Services and Links

10.1 Third-Party Links

The Services may contain links to third-party websites, services, or resources not owned or controlled by the Company. We do not endorse or assume responsibility for any third-party sites, information, materials, products, or services.

10.2 Third-Party Services

We may use third-party services to facilitate the Services (e.g., payment processing, email delivery, analytics). These third-party providers have their own terms and policies, and your use of their services is governed by those terms.

10.3 No Warranties for Third Parties

We make no warranties or representations regarding any third-party services or websites. You access and use third-party services at your own risk.

10.4 Practice Websites

When you click through to a Practice's website from our Services, you are leaving our Services. We are not responsible for the content, terms, privacy practices, or actions of Practice websites.

11. Medical Disclaimer and No Medical Advice

11.1 Not Medical Advice

THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO PROVIDE MEDICAL, DENTAL, OR ORTHODONTIC ADVICE, DIAGNOSIS, OR TREATMENT.

The information provided through the Services, including Practice Listings, educational content, and cost guides, should not be used as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of qualified healthcare providers with any questions you may have regarding a medical condition.

11.2 No Doctor-Patient Relationship

Use of the Services does not create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and the Company or any Practice listed on the Site.

11.3 Emergency Situations

If you have a medical emergency, call 911 or go to the nearest emergency room immediately. Do not use the Services for emergency medical needs.

11.4 No Endorsement of Practices

The inclusion of a Practice in the directory does not constitute an endorsement, recommendation, or guarantee of the quality of services provided by that Practice. The Company does not verify the credentials, licenses, or quality of care provided by Practices.

11.5 User Responsibility

You are solely responsible for:

• Evaluating the qualifications and suitability of any Practice you contact
• Verifying credentials and licenses with appropriate state boards
• Making your own independent judgment about whether to engage a Practice's services
• Any healthcare decisions or treatments you receive

11.6 Reviews and Ratings

Reviews, ratings, and testimonials on the Services reflect the opinions of individual users and do not represent the views of the Company. We do not verify the accuracy of reviews or ratings. They should not be relied upon as medical advice or as a guarantee of treatment outcomes.

11.7 Cost Information

Cost estimates and pricing information provided through the Services are approximate and for informational purposes only. Actual costs may vary based on your specific treatment needs, insurance coverage, and other factors. Contact Practices directly for accurate cost information.

11.8 No Affiliation with Listed Practices

IMPORTANT DISCLAIMER: WNY Orthodontists Directory is an independent directory service and is not affiliated with, owned by, operated by, or associated with any orthodontic practice listed in our directory, including but not limited to practices with similar names or geographic descriptors in their business names.

Specifically:

• We do not operate any orthodontic offices
• We are not associated with any practice associations or professional groups
• Listing a practice on our Site does not create any business relationship with that practice
• We have no control over the services, policies, or operations of listed practices
• Each practice operates independently and is solely responsible for its own services

Any similarity in business names is coincidental and results from the common use of geographic descriptors for the Western New York region. If you intend to contact a specific orthodontic practice, please verify you are contacting the correct business by checking the practice's address, phone number, and website before scheduling an appointment.

12. Privacy and Data Protection

12.1 Privacy Policy

Your use of the Services is governed by our Privacy Policy, available at [link to privacy policy]. By using the Services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

12.2 HIPAA Compliance

The Company is not a covered entity or business associate under the Health Insurance Portability and Accountability Act ("HIPAA"). Do not submit protected health information (PHI) through the Services. Any health information you submit is not protected by HIPAA and will be treated in accordance with our Privacy Policy.

12.3 User Responsibilities

You are responsible for:

• Protecting the privacy of your own health information
• Not submitting other individuals' personal health information without consent
• Complying with applicable privacy and data protection laws when using the Services

12.4 Analytics and Tracking

We use cookies, web beacons, and similar tracking technologies to collect information about your use of the Services. For details, see our Privacy Policy.

13. Communications

13.1 Electronic Communications

By using the Services, you consent to receive electronic communications from us, including emails, text messages, push notifications, and in-app messages. These communications may include notices about your account, promotional information about our Services, and responses to your inquiries.

13.2 Transactional Communications

You cannot opt out of receiving transactional communications related to your account, such as payment confirmations, account security alerts, and Terms updates.

13.3 Marketing Communications

You may opt out of receiving promotional communications by:

• Following the unsubscribe instructions in promotional emails
• Adjusting notification settings in your account
• Contacting us at [support email]

13.4 SMS Messages

If you provide your mobile phone number, you consent to receive SMS messages from us. Standard message and data rates may apply. You may opt out of SMS messages by replying "STOP" to any SMS message.

14. Copyright Infringement Claims (DMCA)

14.1 DMCA Policy

The Company respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged copyright infringement that comply with applicable law.

14.2 Filing a DMCA Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement on our Services, please provide our Copyright Agent with the following information:

1. A physical or electronic signature of the copyright owner or person authorized to act on their behalf
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it
4. Your contact information, including address, telephone number, and email address
5. A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Send DMCA notices to: Copyright Agent WNY Orthodontists Directory [Address] [Email: dmca@[domain].com]

14.3 Counter-Notification

If you believe that material you posted was removed or disabled by mistake or misidentification, you may file a counter-notification with our Copyright Agent containing:

1. Your physical or electronic signature
2. Identification of the material and its location before removal
3. A statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification
4. Your name, address, and telephone number, and a statement that you consent to jurisdiction of the Federal District Court for the judicial district in which you are located (or the Western District of New York if you are outside the United States), and that you will accept service of process from the person who provided the original DMCA notification

14.4 Repeat Infringer Policy

We will terminate the accounts of users who are repeat copyright infringers in appropriate circumstances.

15. Disclaimers and Warranties

15.1 "AS IS" and "AS AVAILABLE"

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

15.2 No Warranty of Accuracy

WE DO NOT WARRANT THAT:

• THE SERVICES WILL MEET YOUR REQUIREMENTS
• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE
• THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS
• ANY ERRORS IN THE SERVICES WILL BE CORRECTED

15.3 No Warranty for Practice Information

WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF PRACTICE LISTINGS, REVIEWS, RATINGS, OR OTHER CONTENT ON THE SERVICES. PRACTICE INFORMATION MAY BE OUTDATED, INCOMPLETE, OR INACCURATE.

15.4 No Warranty for User Content

WE DO NOT ENDORSE, SUPPORT, REPRESENT, OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER CONTENT OR COMMUNICATIONS POSTED VIA THE SERVICES.

15.5 No Guarantee of Results

WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL RESULT IN:

• Finding a suitable orthodontic practice
• Receiving quality healthcare services
• Any particular outcome or result
• Increased business or leads for Practices

15.6 Your Responsibility

YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM USE OF THE SERVICES.

15.7 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

16. Limitation of Liability

16.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
• DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
• DAMAGES RESULTING FROM ANY CONTENT OBTAINED FROM THE SERVICES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
• DAMAGES RESULTING FROM MEDICAL OR HEALTHCARE SERVICES RECEIVED FROM ANY PRACTICE

WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

16.2 Limitation of Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE COMPANY AND ITS AFFILIATES FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• ONE HUNDRED DOLLARS ($100.00), OR
• THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY

16.3 Essential Purpose

YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU, AND THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

16.4 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16.5 No Liability for Third Parties

THE COMPANY IS NOT LIABLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR PRACTICE. THE COMPANY IS NOT LIABLE FOR ANY HEALTHCARE SERVICES, MEDICAL ADVICE, TREATMENT, OR OUTCOMES PROVIDED BY ANY PRACTICE.

17. Indemnification

17.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to:

1. Your use or misuse of the Services
2. Your breach of these Terms
3. Your violation of any law or the rights of any third party
4. Your User Content
5. Your claim of a Practice Listing
6. Your relationship with any Practice or patient
7. Any fraudulent, negligent, or wrongful act or omission by you
8. Any services you provide to patients (for Practice users)

17.2 Defense of Claims

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

17.3 Notice Requirement

You agree to promptly notify us of any third-party claims subject to indemnification.

18. Dispute Resolution and Arbitration

18.1 Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains 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 intellectual property rights.

18.2 Arbitration Rules

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

18.3 Arbitration Process

• The arbitration will be conducted in English
• The arbitration will take place in Erie County, New York, unless both parties agree otherwise
• The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law
• The arbitration decision will be final and binding, except for any right of appeal provided by the Federal Arbitration Act
• Judgment on the arbitration award may be entered in any court with jurisdiction

18.4 Filing Fees

The party initiating arbitration must pay the filing fee. If the filing fee exceeds what you would pay to file a lawsuit in court, the Company will pay the additional amount. If the arbitrator finds the arbitration to be non-frivolous, the Company will pay all other AAA fees and costs.

18.5 Opt-Out Right

You have the right to opt out of binding arbitration within 30 days of first accepting these Terms by sending written notice of your decision to opt out to: [Company Address], Attn: Legal Department. The notice must include your name, address, and a clear statement that you want to opt out of this arbitration agreement. If you opt out of the arbitration agreement, all other parts of these Terms will continue to apply to you.

18.6 CLASS ACTION WAIVER

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

18.7 Severability of Arbitration Provisions

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class or representative arbitration). If the Class Action Waiver is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void.

18.8 Informal Resolution

Before filing an arbitration claim, you agree to first contact us and attempt to resolve the Dispute informally by sending a written notice to [Legal Email] describing: (1) your name and contact information, (2) the nature and basis of the claim, and (3) the specific relief sought. We will attempt to resolve the Dispute by contacting you within 30 days of receiving your notice.

19. Governing Law and Jurisdiction

19.1 Governing Law

These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

19.2 Venue

For any Disputes not subject to arbitration, you agree that such Disputes shall be brought exclusively in the federal or state courts located in Erie County, New York. You consent to the personal jurisdiction of such courts and waive any objection as to inconvenient forum.

19.3 Limitation Period

Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

20. General Provisions

20.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and the Company concerning the Services and supersede all prior agreements and understandings, whether written or oral, concerning the subject matter hereof.

20.2 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

20.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

20.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign these Terms or any rights or obligations hereunder, in whole or in part, without your consent to:

• An affiliate
• A purchaser of assets
• A successor by merger
• Any other entity in connection with a corporate reorganization

20.5 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and the Company.

20.6 Force Majeure

The Company shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

20.7 Headings

The headings and captions used in these Terms are for convenience only and shall not affect the interpretation of these Terms.

20.8 Survival

The following provisions shall survive termination of these Terms: Sections 7.1 (License Grant), 7.6 (Backup Responsibility), 8.5 (Refund Policy), 9 (Intellectual Property Rights), 11 (Medical Disclaimer), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), 18 (Dispute Resolution), 19 (Governing Law), and 20 (General Provisions).

20.9 Language

These Terms were originally written in English. To the extent any translated version conflicts with the English version, the English version controls.

20.10 Electronic Signature

Your use of the Services constitutes your electronic signature to these Terms and your consent to enter into agreements electronically.

21. Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

22. Contact Information

For questions about these Terms, please contact us at:

WNY Orthodontists Directory [Company Address] Email: [legal@domain.com] Phone: [Phone Number]

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BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.