TERMS OF SERVICE

Terra Dental PLLC (“Company,” “Terra Dental,” “we,” “us,” or “our”) oversees this website, including the Services available through it and the content found at https://www.terradental.nyc/ (collectively, the “Site”). These Terms of Service (“Terms”) govern your use of the Site and apply to all users (“you,” “your,” or “user”).

By accessing, browsing, submitting information to, or otherwise using this Site or its Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please do not use this Site.

1. Access and Use of This Website

You may be required to provide certain personal information, including but not limited to your name, phone number, email address, mailing address, and payment information, when using specific features of the Site (e.g., scheduling an appointment, purchasing products, joining our mailing list, or checking insurance eligibility). By submitting this information, you authorize Terra Dental or its permitted third-party service providers to process transactions and communications related to the Services offered on this Site.

2. Medical Disclaimer

All content on this Site is for informational purposes only and should not be construed as medical advice or a substitute for professional dental care. Always consult with a qualified dentist or healthcare provider regarding any questions you may have about a medical condition or treatment. Use of this Site does not establish a doctor-patient relationship.

3. Intellectual Property

All content, materials, and features on this Site, including text, graphics, logos, images, audio, video, software, and code (collectively, “Materials”), are the intellectual property of Terra Dental PLLC or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use only. You may not reproduce, modify, distribute, create derivative works of, publicly display, or otherwise exploit the Materials without our express written permission.

4. Marketing Communications

By submitting your contact information, you expressly consent to receive calls, text messages (including via automated technology), emails, and faxes from Terra Dental PLLC regarding appointment reminders, promotional offers, and other service-related information. Consent is not a condition of receiving services. Message and data rates may apply.

You may opt out at any time by following the instructions provided in the communication or contacting us directly at concierge@terradental.nyc. Upon receipt, we will promptly remove you from our marketing list.

5. External Links

The Site may contain links to third-party websites. These links are provided for your convenience and do not imply any endorsement or responsibility by Terra Dental for the content or availability of those sites. Use of third-party sites is at your own risk.

6. Limitation of Liability

Your use of this Site is at your sole risk. To the maximum extent permitted by law, Terra Dental PLLC, its affiliates, and their officers, employees, contractors, or agents shall not be liable for any indirect, incidental, consequential, punitive, or special damages—including loss of profits, data, goodwill, or other intangible losses—arising from or related to your use or inability to use the Site or Services.

Nothing in these Terms limits liability for gross negligence, willful misconduct, or professional malpractice where such liability cannot be excluded under applicable law.

Any claim or cause of action arising from use of the Site must be filed within one (1) year after such claim arises, or it will be permanently barred.

7. Indemnification

You agree to indemnify, defend, and hold harmless Terra Dental PLLC and its affiliates, directors, officers, employees, contractors, and agents from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site or violation of these Terms.

8. HIPAA Compliance

We are committed to protecting your health information in accordance with the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH”). For details on how we handle your Protected Health Information (“PHI”), please review our Notice of Privacy Practices, which you will be required to acknowledge prior to receiving healthcare services from us.

9. Children’s Privacy (COPPA)

This Site is not intended for users under the age of thirteen (13). By using the Site, you affirm that you are at least 13 years old. We do not knowingly collect personal information from children under 13. If we discover that we have received such data, we will delete it promptly.

10. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to enhance your browsing experience and analyze website usage. By using the Site, you consent to the use of cookies in accordance with our Privacy Policy.

11. Governing Law, Venue, and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict of law rules. Any legal action regarding intellectual property rights may be brought in New York County courts.

All other disputes arising from or related to these Terms or your use of the Site shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA), conducted in New York, NY. The parties waive all rights to trial by jury and to participate in class actions. This section shall not apply to claims for injunctive or equitable relief for the protection of intellectual property.

12. Severability and Waiver

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver by us of any breach shall constitute a continuing waiver or a waiver of any other breach.

13. Changes to the Terms

We reserve the right to revise these Terms at any time without prior notice. The updated version will be posted on this page with a new “Last Updated” date. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.

14. Contact Us

For any questions or concerns regarding these Terms, please contact us at:

Email: concierge@terradental.nyc

15. Entire Agreement

These Terms constitute the entire agreement between you and Terra Dental PLLC concerning your use of the Site and supersede all prior or contemporaneous communications, whether oral or written.

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, AND YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS HEREIN.

LAST REVISED: 06/09/2025