1. Introduction
The following terms (the “Terms of Use” or the “Agreement”) constitute an agreement between you (the “User”) and MatchMyDentist Inc. (“MatchMyDentist,” “we,” or “us”), the operator of MatchMyDentist.com (the “Site”). This Agreement governs your access to and use of the Services (as defined below). By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree to these terms, you may not use the Services.
As used in this Agreement, “you” means any visitor, user, or other person who accesses our Services, whether or not such person has registered for a MatchMyDentist account (the “Account”). MatchMyDentist’s collection and use of Personal Data in connection with the Services is described in our Privacy Policy (“Personal Data” as defined therein).
If you create a MatchMyDentist Account or use the Services on behalf of an individual other than yourself, you represent that you are authorized by such individual to accept this Agreement on their behalf and to bind them to this Agreement (in which case, the references to “you” and “your” in this Agreement, except for in this sentence, refer to that individual).
1.1. Definitions
– “MatchMyDentist Inc.” (or “MatchMyDentist,” “we,” “us,” or “our”) refers to the company operating the Site and providing the Services.
– “Site” refers to MatchMyDentist.com, the website operated by MatchMyDentist Inc.
– “Services” refers to the dental matching, appointment scheduling, and related services provided by MatchMyDentist through the Site.
– “Account” refers to the user account created by you on MatchMyDentist.com to access the Services.
– “User” (or “you,” “your”) refers to any individual or entity accessing or using the Services, whether or not they have registered for an Account.
– “Personal Data” refers to any information that identifies or can be used to identify you, as further defined in our Privacy Policy.
2. About the Services
MatchMyDentist (“we,” “our,” or “us”) offers a dental matching service (the “Services”) designed to connect patients (“you,” “the Patient”) with dentists based on your specific needs, preferences, and criteria. The Services include, but are not limited to, creating patient profiles, matching patients with dentists using our AI algorithm, and facilitating appointment scheduling. MatchMyDentist is not a referral service and does not refer, recommend, or endorse any particular dental provider, procedure, opinion, or other information that may appear through the Services. Our algorithm uses the information provided in your profile to match you with dentists who meet your specified criteria. The selection of a dentist is based solely on the matching algorithm and is not influenced or determined by MatchMyDentist in any way.
2.1 Patient Profile Creation
2.2 AI Matching
Our algorithm uses the information provided in your profile to match you with dentists who meet your specified criteria. The selection of a dentist is based solely on the matching algorithm and is not influenced or determined by MatchMyDentist in any way. MatchMyDentist does not control or influence the number of patients a particular dentist may receive or the availability of dentists.
MatchMyDentist does not refer, recommend, or endorse any particular dentist, procedure, opinion, or other information that may appear through the Services. We make no guarantees that the match will result in an appointment or that the services provided by the matched dentist will meet your expectations. The dentist’s decision to accept or decline a match is solely at their discretion, based on their availability, expertise, and other factors unrelated to MatchMyDentist’s involvement.
While the algorithm strives to match you with dentists who meet your specified preferences, it is important to note that not all preferences may result in a perfect match. In certain locations, the availability of dentists within our network may be limited, and in some cases, only one dentist may be available for a match. As such, we cannot guarantee that every matched dentist will fully align with all of your preferences.
You acknowledge and agree that MatchMyDentist is not responsible for any dissatisfaction or discontent between you and the dentist, including but not limited to differences in treatment, communication, or any other aspect of the dental visit. The decision to proceed with treatment is solely at your discretion, and you are not obligated to see any dentist in our network if the match does not meet your expectations.
2.3 Dentist Review and Acceptance
2.4 Patient Review and Acceptance
2.5 Scheduling Appointment
2.6 Dental Visit
3. No Dental or Medical Advice
MatchMyDentist is not a dental practice, healthcare provider, or insurance provider. The content and services provided by MatchMyDentist are for informational and matching purposes only.
WHILE WE HOPE THE SERVICES ARE USEFUL IN YOUR DENTAL CARE JOURNEY, THEY ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL DENTAL OR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU EXPERIENCE A DENTAL OR MEDICAL EMERGENCY, IMMEDIATELY CONTACT A HEALTHCARE PROFESSIONAL AND/OR CALL 9-1-1.
4. No Doctor-Patient Relationship
Your use of the Services does not create a dentist-patient or doctor-patient relationship between you and MatchMyDentist or between you and any dentist matched through the Services. MatchMyDentist is not involved in the actual provision of dental care or treatment. MatchMyDentist does not employ, refer to, recommend, or endorse any Dental Providers, (b) does not make any representations or warranties with respect to these Providers or the quality of the services they may provide, (c) is not responsible for ensuring that information (including credentials) a Dental Provider provides about himself or herself is accurate or up-to-date, (d) is not responsible for making sure that Dental Providers’ services are actually provided or are up to a certain standard of quality, and (e) does not receive any additional fees from Dental Providers for featuring them in our Services. Dental Providers are not our employees.
5. Authorization and Acknowledgement
By using the Services to schedule appointments with dentists, you acknowledge and agree to the following:
6. REVIEWS AND OTHER CONTENT YOU POST OR SUBMIT
By submitting a review or testimonial about MatchMyDentist or your MatchMyDentist-affiliated dentist, you grant MatchMyDentist and its affiliated dental practices permanent permission to use, display, and reproduce your review for marketing and promotional purposes across any medium. You confirm your review is truthful and based on your actual experience. MatchMyDentist may edit reviews for length or clarity while maintaining the original meaning and may use them with your first name and last initial. You verify you have the legal right to share this review and authorize its use in MatchMyDentist’s marketing materials.
Section 2: Anonymity, Data Privacy, and Proprietary Rights
7. Anonymity and Data Privacy
MatchMyDentist retains all patients’ personal contact information and preferences. Dentists are only provided with an anonymous patient profile that does not include any identifying information. This level of anonymity ensures that dentists maintain objectivity when reviewing and accepting matches.
Your personal information will only be shared with a dentist after you have accepted the match and scheduled an appointment through MatchMyDentist.
8. No Insurance or Reimbursement
MatchMyDentist does not work with insurance companies, government insurance agencies (such as Medicare or Medicaid), or provide any reimbursement for services.
9. Proprietary Rights; Limited License
All materials on the Site and Services, including information, images, and trademarks, are protected by intellectual property rights owned by MatchMyDentist inc.
11. Limitation of Liability
Your exclusive remedy for any dispute with MatchMyDentist shall be limited to the cancellation of your MatchMyDentist account. Under no circumstances shall MatchMyDentist’s total liability to you for all claims relating to our free dental matching and appointment booking services exceed two hundred dollars ($200). This limitation applies to all claims, including those arising from negligence, breach of contract, or any other legal theory.
To the maximum extent permitted by law, MatchMyDentist shall not be liable for any indirect, special, incidental, or consequential damages arising from your use of our free dental matching services. This includes, but is not limited to, claims related to dental provider matches, any breach of HIPAA rules or regulations by Company, appointment scheduling, provider availability, or treatment outcomes. This limitation applies regardless of whether such damages were foreseeable and whether MatchMyDentist was advised of their possibility. If your jurisdiction does not allow the exclusion of incidental or consequential damages, our liability shall be limited to the maximum extent legally permissible.
By using MatchMyDentist’s free services, you expressly waive any rights under laws similar to California Civil Code Section 1542, which preserve claims unknown at the time of accepting these terms.
TERMINATION OF MATCHMYDENTIST SERVICES
MatchMyDentist reserves the right to immediately terminate, suspend, or deactivate your account without notice if you violate these Terms of Use or misuse our dental matching services. We may also terminate accounts due to extended inactivity. Upon termination, you will lose access to our dental matching platform and your account information may be deleted. MatchMyDentist shall not be liable for any consequences of account termination.
INDEMNIFICATION
You agree to defend, indemnify, and hold MatchMyDentist harmless from any claims, damages, legal fees, and expenses that arise from: (a) your use of our dental matching services; (b) your violation of these Terms of Use; or (c) any actions taken through your MatchMyDentist account. This obligation excludes claims arising from MatchMyDentist’s own gross negligence or intentional misconduct.
12. Arbitration Agreement; Class Action Waiver
Any disputes arising from or related to these Terms of Use or your use of the Services will be resolved through mandatory binding individual arbitration, not class action lawsuits. The arbitration will be conducted by the American Arbitration Association under its rules.
DISPUTE PROCESS
1. Assumption of Risk. You are solely responsible for ensuring that your use of the Services complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Services.
2. Process
1.Contact Us – You agree to contact us with your complaint prior to filing for any arbitration.
2. File Complaint – You and Company agree that any dispute must be commenced or filed by you or Company within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Company will no longer have the right to assert such claim regarding the dispute).
3. Arbitration – You and Company agree that (a) any arbitration will occur in the State of Florida, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services, which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Florida, and the United States, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
3. Assignment; Delegation. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Company, which will not be unreasonably withheld. Any attempted transfer or assignment in violation hereof shall be null and void. Company, in its sole discretion, may use vendors or contractors to help provide the Company Services to you, and may change our use of vendors or contractors without notice to you. Company will remain responsible for the acts and omissions of such vendors and/or contractors.
4. Governing Law. These Terms and Conditions will be governed by the laws of the State of Florida, exclusive of its rules governing choice of law and conflict of laws. All disputes arising out of These Terms and Conditions will be subject to the exclusive jurisdiction and venue of the state and federal courts of Jupiter, Florida, USA, and the parties hereby consent to the personal jurisdiction of these courts
5. Notices. Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, text message (e.g. SMS or MMS), business or personal mail, written or hard copy notice, or through posting of such notice on the Company Services, as determined by Company in its sole discretion. Legal Notices to Company shall be made to the attention of the “Legal Department” and sent via email to support@mydentalsecondopinion.com.
6. Waiver. No waiver of any rights will be effective unless assented to in writing by both parties. Any such waiver will be only to the specific provision and under the specific circumstances for which it was given, and will not apply with respect to any repeated or continued violation of the same provision or any other provision. Failure or delay by either party to enforce any provision of These Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision.
7. Relationship. Nothing contained herein will in any way constitute any association, partnership, agency, employment or joint venture between the parties hereto, or be construed to evidence the intention of the parties to establish any such relationship. Neither party will have the authority to obligate or bind the other in any manner, and nothing herein contained will give rise or is intended to give rise to any rights of any kind to any third parties.
8. Unenforceability. If a court of competent jurisdiction determines that any provision of These Terms and Conditions is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of These Terms and Conditions will remain in full force and effect and bind the parties according to its terms.
9. Force Majeure. Neither Party will be deemed in breach hereunder for any cessation, interruption or delay in the performance of its obligations due to causes beyond its reasonable control, including earthquake, flood, or other natural disaster, act of God, labor controversy, civil disturbance, terrorism, war (whether or not officially declared) or the inability to obtain sufficient supplies, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree.
10. Entire Agreement. These Terms and Conditions comprises the entire agreement between you and Company with respect to its subject matter, and supersedes all prior and contemporaneous proposals, statements, sales materials or presentations and agreements. No oral or written information or advice given by Company, its agents or employees will create a warranty or in any way increase the scope of the warranties in These Terms and Conditions.
11. Changes to Services. Company may modify these Terms and Conditions at any time, in Company’s sole discretion, effective upon posting of an updated version of these Terms and Conditions. It is important that User reviews each modified version of the Agreement as User’s continued use of the Platform or Services after such changes are posted constitutes User’s agreement to be bound by the modified Agreement. If User does not agree to be bound by the modified Agreement, then User may not continue to use the Platform or Services. Because the Platform and Services evolve over time, Company may change or discontinue all or any part of the Platform or Services at any time and without notice, and without liability to User, at Company’s sole discretion.
12. Contact Information. If User has any questions about these Terms and Conditions, the Platform, or the Services, User may contact Company at support@mydentalsecondopinion.com. Company is not be able to accept User questions, Feedback, or complaints at Company’s physical locations
