Site terms of use

Terms of Use

Noho Dental, Inc. (“Tend,” “we,” “us,” or “our”), oversees this website and the Tend Dental Application (“App”), including the Services underlying this website and the App and the content appearing therein, https://www.hellotend.com/ (collectively, the “Site”). These Terms (“Terms”) are applicable to you (“user,” “you,” or “your”). The terms contained herein apply to all users of this Site. We offer oral healthcare services and various oral hygiene products to provide you with a hassle-free, personalized and straightforward dentist experience (collectively, the “Services”). Any new features or tools which are added to the current Services shall be also subject to these Terms.

Read these Terms carefully before you begin using this Site. Additionally, you must read, agree and accept our Privacy Policy. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, ITS SERVICES, AND THE MATERIALS AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO OUR TERMS AND PRIVACY POLICY.

Note that these Terms may be updated from time to time by posting updates and changes to the Site. You are advised to check the Terms from time to time for any updates or changes that may impact you, and if you do not accept such amendments, you must cease using the Services. Your continued use of the Site after we have made updates to the Terms is considered your acceptance of those updates. For clarity, all updates are effective immediately when posted. It is your responsibility to check the Terms periodically for updates.

1. Access and Use of This Website

Access to certain portions of the Site is restricted to registered Users. You might be required to provide your name, telephone number(s), e-mail, and/or street address, credit card number, debit card number, charge card number, or other payment information, as well as and other personally identifiable information (“Personal Data”), when you register, make a purchase from our online store, sign up for an appointment, request to be on our mailing list, or allow us to check your insurance eligibility (collectively, “Provide Your Information”). By providing such information, you acknowledge and agree that We may, and You specifically authorize us, or permitted third parties, to process all transactions related to this Site and its operation, including without limitation purchases and/or registration for products and/or services on this Site. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your account/profile.

a. Registration and Security. You agree, represent, warrant, and guarantee that all Personal Data provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when you Provide Your Information. When you create an account (“Account”) and subsequently log in, you will be asked to choose a password.

You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any and all activities, content or actions taken under your Account, whether or not you have authorized such activities, content or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account (for example, your password has been lost or stolen, someone has attempted to use the Services or the Site through your Account without your consent or your Account has been accessed without your permission). We strongly recommend that you do not use the Services or access the Site on any public computer. We also recommend that you do not store your password through your web browser or other software.

b. Limitations on Use. The Site may be used and accessed for lawful and authorized purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Site and its Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site and/or the Services:

1. reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Services, or access to the Services without the express written permission by us;
2. upload, post, e-mail, or otherwise transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
3. upload, post, e-mail, or otherwise transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);
4. upload, post, e-mail, or otherwise transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;
5. use the Site to collect or store personal data about other users without their express permission;
6. knowingly include or use any false or inaccurate information in any Account;
7. upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other user to the Site;
8. circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any content;
9. attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Site;
10. attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;
11. atransmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
12. attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Site; use the Site in any way that competes with us; or
13. use the Site in any way that competes with us; or
14. encourage, collaborate, or instruct any other person or entity to do any of the foregoing.

We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Site. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment.

ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE OR SITE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.

NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THIS SITE OR TO REMOVE OR RETAIN THE MATERIALS ON THE SITE, UNLESS OTHERWISE AGREED.

c. Cancellation and Account Deletion.

You may cancel your Account at any time by emailing us at privacy@hellotend.com. At cancellation, your Account will be inactivated and you will no longer be able to log into your Account. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

d. Invite-a-Friend Program.

1. Qualified Invite. A “Qualified Invite” is defined as a dental exam received at Tend by a first-time customer (an “Invited Customer”) who arrives to the Site by clicking your Invite-a-Friend program link. Upon arriving at the Site using the Invite-a-Friend program link, the Invited Customer must book an appointment, and then receive the dental exam at one of our dental offices. A “Qualified Referral” is counted when the Invited Customer has received their services and completed their appointment. An Invited Customer that books an appointment for a dental exam, but does not complete an appointment does not count as a Qualified Referral. An Invited Customer that completes an appointment for a service outside of a dental exam does not count as a Qualified Referral. In order to qualify as a Qualified Referral, this must be the Invited Customer’s first time receiving any service(s) from Tend. You are limited to one Qualified Referral for each Invited Customer; in other words, additional/repeat services received by an Invited Customer are not counted as additional Qualified Referrals.

2. Reward Payments. Upon completion of a Qualified Referral, you (the “Referrer”) will receive a $25 digital Amazon gift card and the Invited Customer will receive a $25 digital Amazon gift card. The reward amount may differ based on the timing and studio location of the Qualified Invite.

3. Invited Customer. The Invited Customer and the Referrer cannot be the same person (for example, by using a different email address).

4. Eligibility. Eligibility is limited to individuals 18+ residing in qualifying states only. Individuals covered under public health programs such as Medicaid or Medicare Advantage are not eligible to participate. Tend’s Invite-a-Friend Program cannot be used by businesses for affiliate lead generation as determined at Tend’s sole discretion.

5. No Spam. If you choose to distribute your Invite-a-Friend program link via self-generated email, you must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your invite link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your Account and/or exclusion from Tend’s Invite-a-Friend Program.

6. Right to Close Accounts. Tend reserves the right to close the Account(s) of any Referrer and/or Invited Customer, exclude them from Tend’s Invite-a-Friend Program, and/or request proper payment if the Referrer and/or Invited Customer attempts to use the Tend Invite-a-Friend Program in a questionable manner or breaches any of these Terms or is in violation of any law, statute or governmental regulation.

7. Right to Cancel Program or Change Terms. Tend reserves the right to cancel the Invite-a-Friend Program or to change these Terms at any time in its sole discretion.

e. Online Store, Products, Purchases, and Returns.

General Terms. By placing an order with us, you agree and acknowledge that you are (i) offering to purchase a product; (ii) representing that you are the legal age of majority in your state or province of residence, (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided, and (iv) you are responsible for any purchase(s) you make, while using the Site. You further agree that you shall not use any product(s) sold on the Site for any illegal or unauthorized purpose, whatsoever. When you complete a purchase, you must pay in U.S. Dollars. Prices may not include shipping and handling charges or applicable taxes, which, if applicable, will be communicated to you before you place your order. We reserve the right to change the prices for any products or Services at any time without notice. We reserve the right to refuse our Services to anyone, for any reason, at any time, in our sole and absolute discretion. The receipt by you of an order confirmation does not constitute our acceptance of an order. Prior to our acceptance of an order, verification of information may be required. We reserve the right, in our sole discretion, at any time after receipt of your order to accept, limit, modify, decline or cancel your order, or any portion thereof, (including without limitation, quantities purchased per person, per household or per order) even after your receipt of an order confirmation from us, or refuse Services to you without prior notification for any reason whatsoever. These restrictions may include orders placed by the same customer Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that a product lists an incorrect price, either due to a typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we will credit your account in the amount of the incorrect price. In the event that we decline, make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole and absolute discretion, appear to be placed by dealers, resellers, or distributors.

Shipping and Delivery. We ship orders to all 50 United States, including U.S. territories (i.e., Puerto Rico, U.S. Virgin Islands, Guam, American Samoa and the Northern Mariana Islands). Orders are typically processed within 1 – 3 business days. You will be notified at checkout if your order cannot be shipped to your selected location. The shipping charge is based on the order’s price, shipping method, and shipping address.

Payment Terms. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). All card payments are subject to authorization by your card issuer and are subject to a fraud check by our designated fraud detection vendor. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter before we will proceed with your order. You may contact us at hello@hellotend.com for help resolving any payment disputes.

You acknowledge that the amount billed may vary due to promotional offers or changes in applicable taxes or other shipping charges described in the Shipping and Delivery Section above, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.

Products and Returns. Certain products may be available exclusively online through the Site. These products may have limited quantities and may be subject to return or exchange in accordance with our Return Policy. We make every reasonable effort to display, as accurately as possible, the colors and images of our products on the Site. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice. We make every reasonable effort to accurately display the attributes of our products, including the applicable colors. We cannot guarantee that your computer monitor’s or mobile device’s display of any color will be accurate. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, OR MATERIALS PROVIDED THROUGH THE SITE.

f. Limitations.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, in our sole and absolute discretion. The inclusion of any products or Services on the Site at a particular time does not imply or warrant that these products or Services will be available at any time. We reserve the right to discontinue any product at any time. Any offer for any product made on the Site is void where prohibited. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCT(S) AVAILABLE FOR PURCHASE SHALL MEET YOUR EXPECTATIONS.

g. Appointment Cancellation.

You may cancel or change any appointment up to twenty-four (24) hours before your appointment is scheduled to begin without any additional charge. Any cancellation or change made within twenty-four (24) hours of your appointment will be considered “Late.” We charge a late cancellation fee of $50 for hygiene, consult or orthodontic appointments and $100 for dental treatments. If you don’t show up to your appointment and don’t call ahead of time, we’ll charge a $100 no-show fee for hygiene, consult or orthodontic appointments, and a $250 fee for dental treatments.

h. Links to Third-Party Websites.

The Site may contain links to other websites on the Internet, and which are not maintained by us. When you leave the Site, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. Other websites are not under our control, and you acknowledge that we shall not be responsible or liable for any of the text, images, videos, content, or any other content or information from a third-party website. You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.

i. Reliance on Information Posted.

We reserve the right to modify the Site in our sole discretion without notice. We may make these modifications at any time and for any reason without prior notice. We will not be liable if, for any reason, any part of the Site, or the entire Site, is unavailable for any period of time. Periodically, we may restrict access to portions of the Site, or the entire Site. You assume any and all risk for decisions based on information contained within the Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Site or Services by you or any other user of the Site, or by anyone who may be informed of the Site or Services.

j. Exiting This Site.

You agree to sign out of your Account, each time you prepare to leave the Site.

2. Conduct and Behavior

You are solely responsible for all of your activity while using the Site.

a. As a condition of use of the Site, you represent and warrant that you shall not use the Site for any purpose that is unlawful, illegal, or unauthorized by these Terms. You agree to abide by all applicable federal, state, local, rules, or regulations (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries and all applicable state privacy laws).

b. You also agree that you will not attempt to re-sell, rent, lease, charge, distribute, transfer, or share any of the rights that you receive hereunder.

c. You will not use, choose, or select the username of another party with the intent to impersonate that party, to otherwise deceive us or any party, or to otherwise engage in fraudulent behavior.

d. You will not use, choose, or otherwise select the username that is subject to the rights of another party, without that party’s express authorization.

e. You will not use, choose, or otherwise select a username containing any terms, which would be vulgar, obscene, lewd, or otherwise offensive in nature.

You agree to maintain a positive sense of decorum in all of your interactions on the Site. You agree to maintain a courteous and professional rapport with other users, including but not limited to, avoiding profanity, rudeness, insults, scandalous words or actions, or otherwise inappropriate behavior, during your use of the Site.

3. Intellectual Property

The Site and any and all intellectual property, trademarks, service marks, information, date or other materials made available to you in connection with these Terms, together with the design of the Site and all text, scripts, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) (the “Materials”) are the sole and exclusive property of Tend, our licensors, or other providers, and are available to you solely for purposes of your use of and access to the Site in accordance with these Terms. For purposes of clarity, Tend owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all Materials entered and stored within the Site database(s), as part of the Site. The Materials, collectively, are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws under the United States and foreign laws and international conventions. All of the Materials are copyrighted material and is protected by the Copyright Act of 1976, as amended. All rights, title, and interests in and to the Site and all copyrights, trade secret rights, patents, trademarks, and any other intellectual property or proprietary rights in and to the Site shall at all times remain the exclusive property of Tend and/or its licensors. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any Materials on the Site without our prior, express, and written permission.

You do not and will not acquire any intellectual property rights in the Site, including but not limited to the Services, by your use of the Site. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Site (including, to download and use the App on your mobile device in object code form) and to download and print any Materials provided by us, solely for your personal and non-commercial purposes. Nothing in these Terms shall transfer to you any right, title or interest in or to any Materials, except for the limited license expressly granted in the preceding sentence.

To use the App, you must have a compatible mobile device. Tend does not warrant that the App will be compatible with your mobile device. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for using the App. You agree that you are solely responsible for any applicable charges. We may update the App and may automatically, electronically update the version of the App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms will apply to all updated versions of the App. Any third-party open source software included in the App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms does not apply to your use of software obtained from a third-party source under an open source license.

Users may not violate the intellectual property rights of others, including but not limited to, using the Site to infringe upon the copyright, trademark, trade secret, or patent rights of any other party. If any party alleges intellectual property right infringement against a user of the Site, we reserve the right to terminate or suspend any allegedly infringing Account, conduct our own investigation, and comply with any applicable copyright, trademark, trade secret, or patent law, such as the Digital Millennium Copyright Act of 1998 (“DMCA”), the Lanham Act, and other applicable federal or state intellectual property laws. If you believe that a user of the Site is infringing your intellectual property rights, PLEASE SEND NOTICE OF THIS ACTION TO TEND, IMMEDIATELY, in accordance with DMCA Policy.

4. Additional User Restrictions Related to Our Intellectual Property and the Intellectual Property Rights of Others

a. Your Responsibility. When you post or otherwise submit information to the Site, you represent and warrant that you have ownership, authority, or permission to post the information. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE THE SOLE OWNER OF SUCH INFORMATION. You agree that you will not submit, post, upload, transmit or otherwise provide any information to the Site, in any format, including but not limited to text, image, video, content or audio (“User-Submitted Content”), that you do not own.

b. YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT UPLOAD, PLACE, POST, TRANSMIT OR OTHERWISE PROVIDE ANY USER-SUBMITTED CONTENT THAT INFRINGES THE RIGHT(S) OF ANY OTHER PARTY. You further agree that you will indemnify, defend, and hold harmless Tend from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation, reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation regarding User-Submitted Content and a third party’s proprietary or intellectual property rights.

c. A user May Not: (a) copy, download, publish, distribute, repost, or reproduce any Materials contained on the Site in any form without the prior written consent of Tend; or (b) remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, warranties, disclaimers, or intellectual property rights, proprietary rights, or other symbols, notices, or marks herein; (c) copy, distribute, or reproduce any aspect of the Site or the information contained therein; (d) modify, correct, adapt, translate, enhance, or otherwise prepare derivative works, or improvements of any products, product designs, or Services featured on the Site; or (e) reverse engineer, disassemble, decompile, decode, or adapt any products, product designs, or Services featured on the Site.

d. User-Submitted Website Content and License of Intellectual Property Rights. You grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to copy, publish, display, reproduce, or otherwise use in any manner, all of the User-Submitted Content that you put into the Site.

5. Disclaimer of Warranties

THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TEND TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE OR INFORMATION FOUND ON THIS SITE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, OPERATIONAL, SECURE, ERROR-FREE, VIRUS FREE OR THAT ANY ERRORS WILL BE CORRECTED.

6. Your Own Security

You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from the Site to reconstruct any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.

Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.

7. Limitation of Liability

You acknowledge that you are responsible for any actions you take while on the Site. You recognize that your use of the Site and any subsequent actions arising from your use of the Site are taken solely at your own risk.

IN NO EVENT WILL TEND, ITS SUPPLIERS, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR OUR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES OF ANY KIND, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY MATERIALS ON THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM OR RELATED TO ANY (I) ERRORS, MISTAKES OR INACCURACIES OF THE SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVIES, (IV) ANY TRANSMISSION FROM OUR SERVERS; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY MATERIALS POSTED, EMAILED TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND/OR (VII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR PRIVACY POLICY EVEN IF TEND OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND TEND, OR ONE OF ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOUR USE OF THE SITE OR $100.00, WHICHEVER IS LESS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

If you are a resident of the State of New Jersey, to the extent New Jersey law prohibits the limitations and/or exclusions of liability set forth in these Terms, such limitations and/or exclusions shall not apply to you.

Any claim or cause of action arising out of or related to your use of the Site, these Terms, or your use of Materials made available through or on the Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Tend to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

The Site is controlled and offered by Tend from its facilities in the United States of America. Tend makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnification

You will indemnify, defend, and hold harmless Tend our licensors and affiliates, and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:

1. your access to or use of the Site, including but not limited to its Services and its Materials;
2. your violation of any of the provisions of these Terms;
3. any activity related to your Account by you or any other person accessing the Site through your Account, including, without limitation, negligent or wrongful conduct; or
4. your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.

For purposes of clarity, these indemnification obligations apply to your use of the Site, along with your use of the Materials and Services, other than as expressly authorized in these Terms, your use of any information obtained from the Site, and any information you provide to the Site.

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

You expressly waive and give up all rights and benefits under California Civil Code Section 1542 and any law or legal rule of similar effect in any other state or territory with respect to the releases granted by you in these Terms, including but not limited to the release of unknown and unsuspected claims granted in these Terms. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

9. Our Compliance with HIPAA

We are required to comply with federal healthcare privacy and security rules, such as the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health (“HITECH”) Act, when receiving and processing your Protected Health Information (“PHI”). When you receive any health-related services from us, you will be required to acknowledge our Notice of Privacy Practices , and you will be required to provide agreement to our Consent Form.

10. Our Compliance with COPPA

THE SITE IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE. BY USING THE SITE, YOU REPRESENT THAT YOU ARE NOT UNDER THIRTEEN (13) YEARS OF AGE. You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing our Privacy Policy.

11. Notice to Apple Users

If you are using the App on an iOS device, the terms of this Section 11 apply. You acknowledge that these Terms is between you and Tend only, not with Apple, and Apple is not responsible for the Services. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of Section 11 of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 11 of these Terms against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1, Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

12. Governing Law and Venue

These Terms shall be construed, governed, and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to these Terms, shall be in the United States District Court Middle District of Tennessee and of any Tennessee state court sitting in Davidson County, TN. Each party to these terms waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Notwithstanding the foregoing, you hereby agree that any dispute arising out of or relating in any way to these Terms or your use of the Site and/or any information, products, Materials or Services you obtain from us requires that such claim be resolved exclusively by confidential binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in a court of competent jurisdiction in the State of Tennessee. The arbitration shall be conducted before three neutral arbitrators in Nashville, Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.

BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the non-exclusive jurisdiction of the state or federal courts located in Davidson County, TN for any action (a) to compel arbitration, (b) to enforce any award of the arbitrators, (c) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, or (d) to enforce our intellectual property rights, and (ii) to service of process in any such action by registered mail or any other means provided by law. Should this section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Davidson County, TN.

13. Severability and Waiver

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision.

14. Changes to the Terms

We will make changes to these Terms from time to time. The date that these Terms were last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit the Site and these Terms to check for any changes.

15. Contact Us

To ask questions or comment about these Terms, you may contact us at:

E-mail Address: privacy@hellotend.com

Mailing Address: Attn: Website Terms Inquiry, 8 City Blvd. Suite 202, Nashville TN, 37209

16. Entire Agreement

These Terms, along with all of its subparts, as revised and amended from time to time, represent the entire understanding and complete agreement by and among you and Tend concerning the matters set forth herein and govern your use of the Site, Services and your Account, superseding any prior agreements between you and Tend (including, but not limited to, any prior versions of these Terms).

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

Privacy Policy

rights and choices

contact us

info we collect

Effective date: September 13, 2023

Your Tend Dental practice (“Tend,” “we, “us,” or “our”) operates the online platforms and mobile applications that link to this Privacy Policy and other services that link to this Privacy Policy (collectively, the “Services”). Our Services include the provision of oral healthcare services and various oral hygiene products to provide you with a hassle-free, personalized, and straightforward dentist experience. Tend values and respects the privacy of its customers and visitors (“user,” “you,” or “your”). The purpose of this Privacy Policy is to provide you with information about Tend’s policies regarding the collection, processing, use, storage, and disclosure of information when you use our Services. This Privacy Policy also describes the choices you can make about our use of your information.

We may update or modify this Privacy Policy at any time, by posting the amended version including the effective date of the updated version. Please review this Privacy Policy periodically for any updates or changes. This Privacy Policy is binding on all those who access, visit, and/or use our Services, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise. Please read this Privacy Policy carefully. Your continued use of the Services is considered your acceptance of these terms, and you agree to the terms of this Privacy Policy and the collection and use of information in accordance with this Policy. If you do not agree to be bound by this Privacy Policy or any subsequent modifications, you should not access or use our Services or disclose any personal information through our Services. This Privacy Policy is incorporated into our Terms of Use, Cookie Policy, Mobile Terms and Conditions.

1. How to Contact Us

You can update your preferences and information by updating your contact information through our Services or contacting us at the e-mail address or phone number below. Additionally, if you have any questions or concerns about our use of your Personal Information (defined below), please do not hesitate to contact us through any of the methods below.

Phone: 888-818-3686 Email: privacy@hellotend.com Mail: 8 City Blvd, Nashville, TN 37209 Attn: Privacy Policy

2. Personal Information

While using our Services, we may ask you to provide us with certain personally identifiable information (“Personal Information”). Personal Information is information that identifies, relates to, describes, can reasonably be associated with, or can reasonably be linked to a particular individual or household. We collect information from you both when you provide it voluntarily and also automatically when you use our Services. We may also collect Personal Information from other sources, as described below.

We collect Personal Information from you and any devices (including mobile devices) you use when you: use our Services, register for an account with us, make a purchase, create an appointment, subscribe to a newsletter, contact us via phone, email, postal mail, or other means, connect with us via our Services or one of our social media pages, or respond to our communications to you (e.g., surveys, requests for feedback). Please remember that any information that is disclosed in public comments, forums or other areas enabling other users to submit comments (“Forums”) becomes public information, is not maintained or treated as confidential, and you should exercise caution when deciding to disclose your Personal Information.

In addition, we also collect Personal Information about you from third parties in connection with our Services, including from the following sources:

• Our customers: when we provide Services for our customers
• Service providers (including hosting providers, shipping partners, and payment processors)
• Data analytics service providers
• Email, chat, survey, feedback, and other communications service providers
• Customer service providers
• Advertising providers
• Social media platforms
• Promotional partners

3. Information We Collect

We may collect the following categories of Personal Information from you, depending on your interactions with our Services and the choices you make, as further described in the chart below:

a. Identifiers. Your name, email address, postal address, social media usernames, telephone number, organization name, unique personal identifier, and Internet Protocol (IP) address.

b. Financial Information. Your name, billing address, and payment information, including credit card or debit card information.

c. Interactions. Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories, and other information you post or otherwise submit to the Services, including emails or other communications you provide to us.

d. Internet or other electronic network activity information. For example:

• Browse history. Data about the webpages you visit, including without limitation web browser specifications, websites visited before accessing our Services, and websites visited after leaving our Services.
• Search history. Data about the search terms you enter.
• Device, connectivity, and configuration data. Data about your device and nearby networks, including internet connection information, computer equipment information, regional and language settings.
• Geolocation data. Data about your device’s location, which is inferred from your internet connection data, your IP address, and your postal address, or which you may choose to allow us to access by granting the Services access to your location when prompted.

e. Protected Health Information. When you schedule an appointment and in the course of providing Services to you, we will obtain and process Protected Health Information (“PHI”) as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). We are required to comply with applicable federal healthcare privacy and security rules, including HIPAA, when receiving and processing your PHI. Our use and disclosure of PHI is governed by HIPAA as described in our Notice of Privacy Practices. You can learn more about our PHI data practices and obligations under our Notice of Privacy Practices. PHI should only be submitted through the Services as permitted or required for use of the Services.

f. Demographic data. Data about you such as your gender, age, nationality, ethnic origin, business or company information, professional experience, educational background, professional or personal reference contact information, social media URLs, and other data reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

g. Third-Party Social Networking Service(s). If you choose to access, visit, and/or use any third-party social networking service(s) that may be integrated with our Services, we may receive your Personal Information and other information about you and your computer, mobile, or other device that you have made available to those social networking services, including information about your contacts through those services. For example, some social networking services allow you to push content from our Services to your contacts or to pull information about your contacts so you can connect with them on or through our Services. Some social networking services also will facilitate registration or enhance or personalize your experience on our Services. This includes if you “follow,” “like,” or link your social networking account to our Services. Your decision to use a social networking service in connection with our Service is voluntary. However, you should make sure you are comfortable with the information your third-party social networking services may make available by reviewing privacy policies of those providers and/or modifying your privacy settings directly with those networking services.

If we combine or associate information from other sources with Personal Information that we collect through the Services, we will treat the combined information as Personal Information in accordance with this Privacy Policy.

We generally process your information when we need to do so to fulfill a contractual obligation or where we or someone we work with needs to use your personal information for a reason related to their business. These legitimate interests are further detailed in the “How We Use Information” section in the table below. We only process Personal Information for these interests after considering the potential risks to your privacy.

Information collected through use of our Services

a. Account Information

i. Description

• When you book an appointment or make a purchase with us, an account will automatically be created for you within our systems. You have the option to claim this account with us at any time thereafter. In all other cases, registering for an account is an optional service provided by some of our Services.
• Account Information is the Personal Information that is provided by you or collected by us to enable you to login and/or access your account and our Services. This may include your name, email address, and phone number.
• Some of the Personal Information we will ask you to provide is required in order to create your account. You also have the option to provide us with some additional Personal Information in order to make your account more personalized or in order to store credit cards for future purchases.

ii. How We Use Information:

• To provide, maintain, operate, personalize and improve our Services.
• To evaluate and improve the content of our Services.
• To respond to your questions and requests.
• To provide customer support.
• To create, maintain and personalize your account with us.
• To validate your username, e-mail, password, and/or other login credentials.
• To check your account status and maintain record of activities with your use of the Services.
• To notify you about changes to our Services, including any changes to relevant agreements or policies.
• To allow you to participate in interactive features of our Services when you choose to do so.
• To provide information relevant to your upcoming appointment and any related follow-up information.
• To contact you with newsletters, marketing or promotional materials and other information that may be of interest to you.
• To provide you with advertising content in which we think you will be interested.
• To notify you of contest or sweepstakes results if you have received or will receive Services in a participating region.
• To comply with legal requirements.

b. Newsletter Subscription Information

i. Description

• You may provide your email address in order to receive our newsletter via email.

ii. How We Use Information:

• To contact you with newsletters, marketing or promotional materials and other information that may be of interest to you.

c. Protected Health Information

i. Description:

• This includes any PHI that you provide when you register for an account with us or schedule an appointment via our Services. You can learn more about our PHI data practices and obligations under our Notice of Privacy Practices.

ii. How We Use Information:

• To provide, maintain, operate, personalize and improve our Services.
• To provide you with services you have requested or purchased from us.
• To respond to your questions and requests.
• To provide customer support.
• To send you information relevant to your upcoming appointment and any related follow-up information.
• To determine whether your insurance carrier covers our Services and to seek payment for our Services.
• As otherwise permitted by law and described in our Notice of Privacy Practices.

d. Appointment Information

i. Description:

• In addition to any PHI you provide when you schedule an appointment for our Services, you may also be asked to provide your name, address, email address, phone number, billing address, insurance information, or payment information. We may also collect demographic information such as your gender, nationality, ethnic origin, interests or preferences, business or company information, professional experience, or educational background.

ii How We Use Information:

• To provide, maintain, operate, personalize and improve our Services.
• To respond to your questions and requests.
• To provide customer support.
• To provide you with services you have requested or purchased from us.
• To send you information relevant to your upcoming appointment and any related follow-up information.
• To determine whether your insurance carrier covers our Services and to seek payment for our Services.

e. Consultation and Customer Service Information

i. Description:

• This includes any information that you choose to provide, whether by phone, email, mail, or chat, to our sales representatives, customer service representatives, or other Tend employees.

ii. How We Use Information:

• To provide, maintain, operate, personalize and improve our Services.
• To evaluate and improve the content of our Services.
• To respond to your questions and requests.
• To provide customer support.
• To allow you to participate in interactive features of our Services when you choose to do so.

f. Surveys, Sweepstakes, Contests, Giveaways

i. Description:

• If you respond to a survey or a request for feedback, or participate in a sweepstakes, contest or giveaway on or through our Services, we may ask you for certain information to allow you to respond, sign, up, or participate in these types of promotions. The exact Personal Information collected will vary depending on the feedback requested or the promotion offered. For example, we may ask for your first and last names, and sometimes post office addresses, to verify your identity. In some sweepstake or contest situations, we may need additional information as part of the entry process, or in connection with the award of prizes over a certain dollar threshold. Any Tend sweepstakes and contests are voluntary. Tend may not operate such sweepstakes and contests in certain regions, including, but not limited to, Massachusetts. We recommend that you read the rules for each sweepstakes and contest that you enter as they contain important information about eligibility.

ii. How We Use Information:

• To provide, maintain, operate, and improve our Services.
• To evaluate and improve the content of our Services.
• To administer any sweepstakes, contest, giveaways or promotions that we offer and you choose to participate in participating regions.
• To notify you of contest or sweepstakes results.

g. Payment and Purchasing Information

i. Description:

• We may collect such Personal Information if you make a purchase through our Services. The exact Personal Information collected will vary depending on the payment method but will include information such as:
  • Name;
  • Email address;
  • Credit or debit card type, expiration date, and certain digits of your card number;
  • Billing and shipping addresses;
  • Postal code; and
  • Phone number.
• We may also collect information concerning the products purchased or considered, or other purchasing or consuming histories or tendencies.

ii. How We Use Information:

• To process payments.
• To process your purchases.
• To provide you with the products or Services you have requested or purchased.
• To personalize your account and experience using our Services.
• To respond to your questions and requests.
• To provide customer support.
• To provide you with recent information about an order (e.g., order confirmations, shipment notifications, etc.).
• To work with our service providers who perform certain business functions or services on our behalf.
• To determine if you are eligible for specific offers or payment methods.

h. Returns Data

i. Description:

• When you initiate or request a product return, refund or exchange, we may collect information from you in order to process your request and help prevent fraud, including information from your government-issued ID (e.g., name on ID, ID number). To learn more about our Returns Policy, please click here.

ii. How We Use Information:

• To process returns.
• To respond to your questions and requests.
• To provide customer support.
• To provide you with the most recent service information or to send you additional information about a return.

i. Demographic Data

i. Description:

• We may collect such Personal Information when you make a purchase, create an appointment, contact us, respond to our communications to you, such as when you provide feedback or post on a Forum through our Services, including if you leave a comment on articles posted on the Services.
  • Nationality
  • Ethnic origin
  • Gender
  • Business or company information
  • Professional experience
  • Educational background
  • Professional or personal reference contact information,
  • Preferences

ii. How We Use Information:

• To provide, maintain, operate, personalize, and improve our Services.
• To evaluate and improve the content of our Services.
• To provide customer support.
• To monitor the usage of our Services.
• To gather analysis and assess trends and interests.

j. Third Party Data

i. Description:

• This includes both Personal Information and non-personally identifiable data from our affiliates, customers, partners or vendors, data brokers or public sources.

ii. How We Use Information:

• To provide, maintain, operate, personalize, and improve our Services.
• To monitor the usage of our Services.
• To gather analysis and assess trends and interests.
• To work with our service providers who perform certain business functions or services on our behalf.
• To provide you with advertising content in which we think you will be interested. As part of this customization, we may observe your behaviors on the Services or on other websites.

k. Location Information

i. Description:

• We may collect general location information if you use features on our Services that provide location-based services.

ii. How We Use Information:

• To provide you with location-based services.
• To monitor the usage of our Services.
• To gather analysis and assess trends and interests.
• To customize the Services to your preferences and location.

l. Usage Information

i. Description:

• This can be Personal Information and non-Personal Information that is collected about you when you are using our Services, and this may include:
  • Information about your interactions with our Services, which includes the date and time of any information you enter into our Services and your interactions with other users of our Services and what content or features you interacted with.
  • User content you post to our Services including messages you send and/or receive through the Services, and your interactions with our customer service team and other users.
  • Technical data which may include URL information, cookie data, web beacons, web pixels, clickstream information collection, and other tracking technology information, your IP address, the types of devices you are using to access or connect to our Services, unique device IDs, device attributes, network connection type (e.g., WiFi, 3G, LTE, Bluetooth) and provider, network and device performance, browser type, language, and operating system. Further details about the technical data that is processed by us can be found below.
• Our Services uses cookies, unique identifiers and similar technologies to collect information over time and across different websites when you use or visit our Services. We or our third-party partners use common tracking tools to collect information about the pages you view, our Services functions that you access, the buttons and icons you click, and to remember your login information and Services settings to make it easier and more efficient for you to use our Services, and to provide advertising content that we think may be of interest to you.
• Cookies. Cookies are small data files that are downloaded onto your computer or mobile device when you use our Services, which are unique to your device or account. Cookies make it easier for you to use our Services by saving your preferences so that we can use these to improve your next and subsequent visits to our Services. Cookies help us learn which areas of our Services are useful and which areas need improvement. For more about our use of Cookies, please review our Cookie Policy.
• You can choose whether to accept cookies by changing the settings on your browser or device. For more information regarding your choices with respect to cookies and other tracking technologies, please see “Your Rights and Choices Regarding Your Information” below. However, if you choose to disable this function, your experience with our Services may be impaired and some features may not work as they were intended. When we use cookies or other similar technologies, we may set the cookies ourselves or ask third parties to do so to help us.
• Pixels, Web Beacons. We or our third-party partners may use invisible pixels or beacons on our Services to count how many users access or use certain pages, features or content. This information is collected and reported in the aggregate. We may use this information to improve our current Service offerings, develop new products or services, and target information to you that may be helpful and useful to you based upon your use of our Services.

ii. How We Use Information:

• To improve our content and the products, services, materials, and other content we make available through the Services.
• To optimize the display of our Services on your device. To create, maintain and personalize your account with us.
• To provide, maintain, personalize, and improve our Services.
• To provide customer support.
• To monitor the usage of our Services.
• To allow you to participate in interactive features of our Services when you choose to do so.
• To gather analysis and assess trends and interests.
• To enforce our agreements, terms, conditions, and policies.
• To detect, prevent, and address technical issues.
• To prevent or investigate fraud.
• To provide you with advertising content in which we think you will be interested. As part of this customization, we may observe your behaviors on the Services or on other websites.
• To help maintain the safety, security, and integrity of our Services and technology assets.
• To investigate complaints and potential violations of our policies.

m. Anonymized Information

i. Description:

• We use anonymized and aggregated information that may be created or derived from your Personal Information or usage of our Services for purposes that include data analysis, improving our Services, advertising, and developing new features and functionality within our Services.

ii. How We Use Information:

• To provide, maintain, personalize, and improve our Services.
• To monitor the usage of our Services.
• To prevent or investigate fraud.
• To gather analysis and assess trends and interests.
• To conduct aggregate or research analysis to enhance, protect, and make informed decisions on our Services.
• To detect, prevent, and address technical issues.
• To enforce our agreements, terms, conditions, and policies.
• To help maintain the safety, security, and integrity of our Services and technology assets.

4. Sharing Your Information

We share non-Personal Information with third parties at our discretion. In connection with our Services, we may share your Personal Information with certain third parties who we engage to help us run our business and perform the Services, including under the following circumstances:

a. Service providers that help us to administer and provide the Services (for example, a web hosting company whose services we use to host our platform).

b. Software and service providers we use to manage and process your information, for example, providers of payment processing software (e.g., payment processing software).

c. Corporate affiliates, including corporate parents, subsidiaries, other affiliated entities and associated entities, and customers

d. Product-related service providers, such as our delivery providers, vendors, and manufacturers of our products.

e. Google Analytics, a service provided by Google, Inc., to gather information about how you and other users engage with our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners.

f. Marketing service providers we use to communicate with you.

g. Advertising service providers we use to assist us in providing personalized advertising on third-party websites.

h. Business partners, including promotional partners who are helping us run a joint promotion or who provide a product or service in partnership or collaboration with us in participating regions.

i. Third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

j. Internal Revenue Service and Other Taxing Authorities (e.g., if your earnings from a sweepstakes or contest exceed a certain threshold and we are required to disclose such earnings under applicable law.

k. Other third parties that you expressly request or authorize us to share your Personal Information with.

Additionally, we will share your Personal Information with third parties where required by law, where it is necessary in connection with our Services or products, where it is necessary to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, where necessary to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others, where necessary to detect, prevent, or otherwise address fraud, security, or technical issues, or where we have another legitimate interest in doing so.

Most of the third parties with whom we share your Personal Information are located and store your information in the United States, although some may be located or store your information outside of the United States.

Any Personal Information or non-Personal Information that you voluntarily disclose for posting to the Services becomes available to the public. This Personal Information and non-Personal Information may be controlled by privacy or website customization settings.

5. Acknowledgement

To the extent that you provide or transmit any information, including, but not limited to, any Personal Information, any information that identifies any other individual (including without limitation name, email address and/or telephone number) and/or PHI, to Tend or our third-party service or data providers, licensors, or distributors (“Representatives”) through the Services, you warrant that (a) you are providing or obtaining only your own information or the information of others which you are authorized to provide to third parties and/or obtain from third parties on their behalf; and (b) the use of such information by Tend and its Representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties.

6. How We Safeguard Your Information

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Any transmission of Personal Information is at your own risk. By using our Services, you acknowledge and accept these risks. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us or that are otherwise provided to us and we cannot be responsible for the theft, destruction, or inadvertent disclosure of information. It is your responsibility to safeguard any passwords, ID numbers, or other special access features associated with your use of the Services. Any transmission of information is at your own risk.

7. How Long We Store Your Information

We will retain your Personal Information only for as long as you use our Services or as necessary for the legitimate business purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal, accounting, or reporting obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. Additionally, we may continue to store your Personal Information contained in our standard back-ups. Following termination or deactivation of your account, we may retain your Personal Information for a reasonable amount of time for archival purposes. Furthermore, we may retain and continue to indefinitely use your Personal Information contained in your communications to other users or posted in public or semi-public areas of the Site.

We also will retain Usage Information for internal analysis purposes. Usage Information is generally retained for a shorter period of time, except when Usage Information is used to strengthen the security or to improve the functionality of our Services or products, or we are legally obligated to retain Usage Information for longer periods.

8. Your Rights and Choices Regarding Your Information

Marketing Preferences. You can opt out from receiving future marketing communications from us at any time by using the unsubscribe function in the email you receive from us, or contacting us as set forth under “How to Contact Us” above. Please allow sufficient time for your preferences to be processed. Even if you opt out of receiving marketing messages, we may still contact you for transactional purposes like confirming or following up on an order or service request, asking you to review a product or service you have ordered, or notifying you of product recalls. If you later opt back into getting marketing communications from us, we will remove your information from our opt-out databases.

Personalized Advertising. If you do not wish to participate in our advertising personalization programs, you can opt out by following the directions provided within the applicable advertisement, or through disabling ad cookies through your browser settings. If you would like help in managing your advertising preferences, you can contact us at privacy@hellotend.com. You may also opt out of receiving interest-based ads from Amazon, Facebook, Google, and TikTok. You will continue to see ads on each platform, but they will not be personalized as a result of your actions on our website. Please visit the links below if you wish to opt out or update your preferences:

• Amazon: https://www.amazon.com/adprefs
• Facebook: https://www.facebook.com/ads/preferences
• Google AdWords: https://adssettings.google.com/authenticated?hl=en
• TikTok: https://support.tiktok.com/en/account-and-privacy/personalized-ads-and-data/personalization-and-data

As noted above in “The Information We Collect About You,” you can choose whether to accept cookies by changing the settings on your browser or device. However, if you choose to disable cookies, your experience with our Services may be impaired and some features may not work as they were intended.

Additionally, Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the preferences or settings page of your web browser. However, these features are not yet uniform, so we do not currently respond to such features or signals. Therefore, if you select or turn on a “do not track” feature in your web browser, we and our third-party providers may continue collecting information about your online activities as described in this Privacy Policy.

You may change, edit, update, or delete the information that you provided when you set up your account, when you purchased a product, set up an appointment, or joined our mailing list by sending a request to our email address, privacy@hellotend.com.

You can choose to limit the data that third-party services (e.g., social media platforms) share with us using the options provided to you by the applicable third-party service (for example, the options provided by a third-party social media platform when you connect your social media account with our Services). You can also disconnect your use of our Services from the third-party service at any time using the options provided to you by the applicable third-party service. Please note, however, that if you disconnect from the third-party service, that will not delete the data we may have previously collected while you were connected.

9. Transfer of Data; Special Notice to Non-U.S. Users

Your information, including Personal Information, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Services are provided solely to individuals located in the United States. By using the Services, you represent that you are located in the United States and you consent to the general use and disclosure of your Personal Information in the United States.

We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.

10. Policy on Children’s Information

Our Services are not created for anyone under the age of 13 (“Children” or “Child”). By using the Services, you represent that you are at least 13 years old. If you do not meet this age requirement, then you must not access or use our Services.

We do not knowingly collect personally identifiable information from anyone under the age of 14, and we do not target the Services to Children. If you are a parent or guardian and you are aware that your Child has provided us with Personal Information, please contact us through one of the methods listed under “How to Contact Us” above. If we become aware that we have collected Personal Information from Children without verification of parental consent, we take reasonable steps to remove that information from our servers.

For more information about the Children’s Online Privacy Protection Act (“COPPA”), which applies to websites that direct their services to children under the age of thirteen (13), please visit the Federal Trade Commission’s website https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions.

11. Links to Other Sites

Our Services may contain links to third-party websites that are not operated or maintained by Tend. If you click on one of those links, you will be taken to websites we do not control. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity, their content or services, or the persons or entities associated with those websites. This Privacy Policy does not apply to the information practices of those third-party websites. You should read the privacy policies of third-party websites carefully. We are not responsible for the content, privacy policies, actions or security of third-party websites.

12. Governing Law and Jurisdiction

This Privacy Policy shall be construed and governed under the laws of the United States and State of Tennessee (without regard to rules governing conflicts of laws provisions). You agree that venue for all actions, arising out of or relating in any way to your use of our Services, shall be in the United States District Court Middle District of Tennessee and of any Tennessee state court sitting in Davidson County, TN. Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party consents to personal jurisdiction in the courts identified above.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) POLICY

Last Updated: September 23, 2019

Our Compliance With The Digital Millennium Copyright Act (17 U.S.C. § 512)

Noho Dental, Inc. (“Tend,” “we,” “us,” or “our”), oversees this website, http://www.hellotend.com/ (“Site”) as well as the services and the content appearing therein (collectively, the “Services”).

We comply with the takedown procedures and counter-notice mechanisms as specified under the Digital Millennium Copyright Act (the “DMCA”), 17. U.S.C. § 512. Pursuant to the DMCA, notifications of claimed copyright infringement by third parties must be sent to Our Information Security Department, whose contact information appears below. We have filed notice of our Designated Agent with the U.S. Copyright Office, and our Registration Number is: DMCA-1030190.

Takedown Procedures

Copyright owners or agents may submit a notification of alleged infringement to us, pursuant to the DMCA. We will only act on notices of claimed infringement made in accordance with the provisions of the DMCA. For a notice of claimed infringement to be effective under the DMCA, the notification of claim must be a written communication to our Designated Agent. If you, as a copyright owner or agent of an owner, believe that there is material on this Services that infringes your copyright(s), you may submit a proper notification, as described in § 512(c)(3), which shall include:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

NOTE: Under § 512(f), any person who knowingly materially misrepresents that (a) material is infringing or (b) that material or activity was removed or disabled by mistake or misidentification shall be liable for damages, including attorneys’ fees incurred by the alleged infringer, by any copyright owner or licensee, or by Tend, if such parties are injured by the misrepresentation.

Upon receipt of a proper notification of alleged copyright infringement, we will remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that we have removed or disabled access to the material in question.

Copyright Infringement Notifications Should Be Directed to Our DMCA Agent:

• ATTENTION: DMCA Notification Information Security Department Noho Dental, Inc. 8 City Blvd, Nashville, TN, 37209 Email: privacy@hellotend.com Registration Number: DMCA-1030190

• You may also send an e-mail notifying us of alleged copyright infringement, provided the message within your e-mail meets the standards iterated above, pursuant to 17 U.S.C. § 512(c)(3): privacy@hellotend.com (ATTENTION: Information Security Department, RE: DMCA Takedown).

YOU ACKNOWLEDGE THAT IF YOU FAIL TO COMPLY WITH ALL OF THE REQUIREMENTS OF THIS SECTION, YOUR DMCA NOTICE MAY NOT BE VALID.

Counter-Notice Mechanism

Under the DMCA, claimants who make misrepresentations may be liable for any damages, including costs and attorneys’ fees, incurred by Tend for relying upon a misrepresentation. We reserve the right to pursue damages against such parties.

If a notice of copyright infringement has been filed with us in accordance with the above terms, and we disables access to the allegedly infringing content, the third-party may file a counter notification with our Designated Agent as listed above.

To be effective, a counter notification must be a written communication provided to our Designated Agent that includes the following:

• A physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the party have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• A name, address, and telephone number; and
• A statement that the third-party consents to the jurisdiction of Federal District Court for the judicial district in which Tend is located and that the third-party will accept service of process from the complainant or an agent of such person or entity.

If we receive a valid counter-notice, we will provide the original complainant with a copy of the counter notice, inform the complainant that it will replace the removed material or cease disabling access to it in within fourteen (14) days from receipt of the counter notification, provided, however, that we do not receive notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on our computer system.

The DMCA provides penalties for a false counter notice filed in response to a notice of copyright infringement. Tend reserves the right to pursue damages, including attorneys’ fees, against claimants who make misrepresentations in their the counter notification statement.

By complying with the forgoing, it is our expressed intent to comply with the provisions of the DMCA to limit its liability to the fullest extent as provided therein.

Repeat Infringer Policy

We will terminate any user account that is the subject of two (2) separate DMCA takedown notification violations. For a User whose content is removed and later restored as part of a DMCA takedown and subsequent counter-notification procedure, we will treat that underlying DMCA notification as having been withdrawn. In any event, Tend reserves the right to terminate any user account, which is the subject of fewer than two (2) DMCA takedown notifications, according to our business judgment and as we deem appropriate, given the surrounding circumstances.

HIPAA NOTICE OF PRIVACY PRACTICES

Effective Date: June 3, 2021

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

Scope of Notice

This Notice applies to all Protected Health Information about you held or transmitted by your Tend Dental practice (“we”, “our”, “us”). Protected Health Information is any individually identifiable health information about your past, present, or future physical or mental health condition or payment for healthcare or about the provision of care to you. Protected Health Information may include information about your condition or treatment, diagnostic tests and images, and related dental or other health information.

Our Responsibilities

We are required by law to maintain the privacy of Protected Health Information, to provide individuals with notice of our legal duties and privacy practices with respect to protected health information, and to notify affected individuals following a breach of unsecured protected health information. We must follow the privacy practices that are described in this Notice while it is in effect. You may request a copy of our Notice at any time. For more information about our privacy practices, or for additional copies of this Notice, please contact us using the information listed at the end of this Notice.

How We May Use and Disclose Your Protected Health Information

The following categories describe the different ways that we may use and disclose your Protected Health Information without an authorization. Not every use or disclosure in a category will be listed. Your Protected Health Information may be stored in paper, electronic or other form and may be disclosed electronically and by other methods:

Treatment. We may use and disclose your Protected Health Information for your treatment. For example, we may disclose your Protected Health Information to a specialist providing treatment to you.

Payment. We may use and disclose your Protected Health Information to obtain reimbursement for the treatment and services you receive from us or another entity involved with your care. Payment activities include billing, collections, claims management, and determinations of eligibility and coverage to obtain payment from you, an insurance company, or another third party. For example, we may send claims to your dental health plan containing certain Protected Health Information.

Healthcare Operations. We may use and disclose your Protected Health Information in connection with our healthcare operations. For example, healthcare operations include quality assessment and improvement activities, arranging for legal services, conducting training programs, reviewing the competence and qualifications of healthcare professionals, and licensing activities. We may also use your Protected Health Information to notify you about our health-related products and services, to recommend possible treatment options or alternatives that may be of interest to you, to send you patient satisfaction surveys, or to send you appointment reminders. We may make incidental disclosures of limited Protected Health Information, such as by using sign-in sheets in our waiting rooms or calling out names in our waiting rooms when calling back patients for their appointments.

Business Associates. We may disclose your Protected Health Information to one or more of our vendors, known as “business associates” in order for them to provide services to us or on our behalf pursuant to a written business associate agreement. Our business associates are required to safeguard your Protected Health Information.

Health Information Exchanges. We may participate in one or more Health Information Exchanges (HIEs) and may electronically share your Protected Heath Information for treatment, payment, healthcare operations and other permitted purposes with other participants in the HIE. HIEs allow your health care providers to efficiently access and use your PHI as necessary for treatment and other lawful purposes.

Individuals Involved in Your Care or Payment for Your Care. We may disclose your Protected Health Information to your family or friends or any other individual identified by you when they are involved in your care or in the payment for your care. Additionally, if a person has the authority by law to make health care decisions for you, we may disclose information about you to such patient representative and treat that patient representative the same way we would treat you with respect to your Protected Health Information. We may also disclose your Protected Health Information to a public or private entity authorized by law to assist in disaster relief efforts to notify, or assist in notifying, a family member or personal representative about your location, general condition, or death.

Required by Law. We may use or disclose your Protected Health Information when we are required to do so by law, such as to report suspected abuse or neglect.

Public Health Activities. We may disclose your Protected Health Information for public health activities, such as to prevent or control disease, injury or disability, report child abuse or neglect, or notify a person of a recall, repair, or replacement of products or services.

Abuse, Neglect or Domestic Violence. If we reasonably believe that you are a victim of abuse, neglect, or domestic violence, we may disclose protected health information about you to a government authority, including a social service protective agency, authorized by law to receive reports of abuse, neglect or domestic violence.

Health Oversight Activities. We may disclose your Protected Health Information to a health oversight agency for activities authorized by law, such as audits, investigations, inspections, and licensure actions. For example, we may disclose Protected Health Information about you to the U.S. Department of Health and Human Services if it requests such information to determine that we are complying with federal privacy law.

Law Enforcement. We may disclose your Protected Health Information for law enforcement purposes as permitted by HIPAA, as required by law, or in response to a subpoena or court order.

Judicial and Administrative Proceedings. We may disclose your Protected Health Information in response to a court or administrative order. We may also disclose health information about you in response to a subpoena, discovery request, or other lawful process instituted by someone else involved in the dispute, but only if efforts have been made, either by the requesting party or us, to tell you about the request or to obtain an order protecting the information requested.

Serious Threat to Health or Safety. We may disclose your Protected Health Information when permitted by law to avert a serious and imminent threat to the health or safety of a person or the public.

Specialized Government Functions. To the extent applicable, we may release your Protected Health Information for specialized government functions, including military and veterans activities, national security and intelligence activities, and correctional institutions.

Worker’s Compensation. We may disclose your Protected Health Information to the extent authorized by and to the extent necessary to comply with laws relating to worker’s compensation or other similar programs established by law.

Coroners, Medical Examiners, and Funeral Directors. We may release your Protected Health Information to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death. We may also disclose your Protected Health Information to funeral directors consistent with applicable law to enable them to carry out their duties.

Research. We may use or disclose your Protected Health Information for research in limited circumstances, including when an institutional review board of privacy board has reviewed the research proposal and established a process to ensure the privacy of the requested information and approves the research.

Limited Data and De-identified Data. We may remove most information that identifies you from a set of data and use and disclose this data set for research, public health and health care operations, provided the recipients of the data set agree to keep it confidential. We may also de-identify your Protected Health Information and use and disclose the de-identified information for purposes permitted by law.

Fundraising. We may contact you to provide you with information about our sponsored activities, including fundraising programs, as permitted by applicable law. If you do not wish to receive such information from us, you may opt out of receiving the communications.

Other Uses and Disclosures of Protected Health Information

In any other situation not identified in this Notice, we will ask for your written authorization before using or disclosing information about you. Most uses and disclosures of Protected Health Information for marketing purposes and disclosures that constitute a sale of health information will be made only with your written authorization. You may revoke an authorization in writing at any time. Upon receipt of the written revocation, we will stop using or disclosing your Protected Health Information, except to the extent that we have already taken action in reliance on the authorization.

Your Protected Health Information Rights

Right to Access. You have the right to inspect and obtain copies of your Protected Health Information that we maintain or to direct us to send your Protected Health Information stored in an electronic health record to another person designated by you, with limited exceptions, as provided by 45 CFR § 164.524. You must make the request in writing at the address listed at the end of this Notice. In most cases, we will provide access to you or the person you designate within 30 days of your request. If you request information that we maintain on paper, we may provide photocopies. If you request information that we maintain electronically, you have the right to an electronic copy. We will use the form and format you request if readily producible. We will charge you a reasonable cost-based fee for the cost of supplies and labor of copying, and for postage if you want copies mailed to you. If you are denied a request for access, you have the right to have the denial reviewed in accordance with the requirements of applicable law. Right to Request Amendment. You have a right to request that we amend your Protected Health Information if you believe the information is not accurate or is incomplete, as provided by 45 CFR § 164.526. To request an amendment of your health information, you must submit your request in writing to the address listed at the end of this Notice. Your request must explain why the information should be amended. We may deny your request under certain circumstances.

Right to an Accounting of Disclosures. You have a right to receive an accounting of certain disclosures of your Protected Health Information, as provided by 45 CFR § 164.528. To request an accounting of disclosures of your health information, you must submit your request in writing to the address listed at the end of this Notice.

Right to Request a Restriction. You have the right to request additional restrictions on certain uses and disclosures of your Protected Health Information for treatment, payment or health care operations, as provided by 45 CFR § 164.522(a). You must make your request in writing. We are not required to agree to your request, except we are required to agree in the case where your request is to restrict disclosures to a health plan for purposes of carrying out payment or health care operations, and the information pertains solely to a health care item or service for which you, or a person on your behalf (other than the health plan), has paid our practice in full.

Right to Alternative Communication. You have the right to request that we communicate with you about your Protected Health Information by alternative means or at alternative locations, as provided by 45 CFR § 164.522(b). You must make your request in writing. Your request must specify the alternative means or location, and provide satisfactory explanation of how payments will be handled under the alternative means or location you request. We will accommodate all reasonable requests. However, if we are unable to contact you using the ways or locations you have requested we may contact you using the information we have.

Right to a Paper Copy of this Notice. You have a right to obtain a paper copy of this Notice upon request.

Changes to this Notice

We reserve the right to change our privacy practices and the terms of this Notice at any time, provided such changes are permitted by applicable law, and to make new Notice provisions effective for all Protected Health Information that we maintain. When we make a material change in our privacy practices, we will change this Notice and post the new Notice clearly and prominently at our practice location, and we will provide copies of the new Notice upon request.

Complaints or Request for More Information

If you want more information about our privacy practices, please contact us as the address below. If you believe your privacy rights may have been violated, you can file a complaint with the Privacy Officer listed below or with the Office for Civil Rights, U.S. Department of Health and Human Services. You will not be retaliated against in any way for filing a complaint.

Information Security Department

Telephone: 888.818.3686

Address: Attn: Privacy practices, 8 City Blvd. Suite 202, Nashville TN, 37209

E-mail: privacy@hellotend.com

PATIENT CONSENT FOR TREATING DOCTOR TO PROVIDE RECOMMENDED TREATMENT

Recommended Treatment

I consent to the treating Doctor performing the Recommended Treatment, and any additional procedure(s) that may be considered necessary for a proper outcome. I understand the nature and purpose of the Recommended Treatment and am aware that no guarantee can be made as to the result.

Treatment Alternatives

Alternative methods of treatment have been explained to me, and I wish to proceed with the Recommended Treatment as described above.

Risks and Complications

I understand the risks associated with the administration of medications and performance of the Recommended Treatment. These risks include, but are not limited to: drug reactions, post operative pain or bruising, damage to adjacent teeth, nerve injury, infection, and unsatisfactory cosmetic results, and may require further treatment.

COOKIE NOTIFICATION POLICY

This Cookie Notice describes how Noho Dental, Inc. (“Tend,” “we,” “us,” or “our”), uses cookies and other technologies to collect and store information when a user (“user(s),” “you,” or “your”) uses the hellotend.com website, our online store, or our online patient portal (collectively, “Services”). For additional information about our data processing activities, please review:

• hellotend.com Website Privacy Policy

What are cookies and what information do they collect?

As with most online services, when you use our Services, we automatically collect and store certain information. This may include your Internet Protocol (“IP”) address, device ID, operating system, browser type and version, the dates and times that you visit the Services, the pages of the Services that you visit and the time spent on those pages, and location data sufficient to identify your country, state and city.

Cookies

A cookie is a small data file sent from a website or application and stored on your computer or device. Cookies allow us to recognize your browser when you return to our Services and to remember your login information. Cookies also allow us to serve certain features, to better understand how you interact with our Services, and to review aggregated usage.

We use cookies to administer the Services, analyze and improve our Services and tailor our Services to our user’s needs for example, to remember a user has already given a user name and password, so that they do not need to input these every time they move to different pages in the Services, estimate our total audience size and traffic and to target advertisements to users in a specific geolocation.

Web Beacons

Web beacons are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with cookies, to track and measure the performance of our Services, and to monitor how many visitors view our Services, and if emails sent to users are opened. Unlike cookies, which are stored on the device, web beacons are typically embedded invisibly on web pages or in an email.

Third-Party Cookies

We use a variety of third-parties to collect, track and analyze usage and statistical information from users, such as the user’s browser type, operating system, browsing behavior and demographic information.

Push Notifications

Users may be given the option to receive push notifications while using our Services. Depending on the type of device you are using to access Tend, we may need to collect your IP address and a device identifier in order to serve push notifications. You can turn off push notifications off in your device settings.

Overall, we use the information we receive from cookie-related data to monitor how the Services are being used and how they perform, to analyze and administer the Services. Our Services may place both session and persistent cookies on your computer or device. Session cookies typically last for as long as you are using your browser, while persistent cookies will remain even after you close your browser. The length of time that these cookies remain is detailed below.

Types and Purpose of Cookies, and the Legal Basis for Cookies

Some of our cookies, described as first-party cookies, are placed by us, and are used to help us operate functioning and effective Services. Other cookies, referred to as third-party cookies, are placed by companies that we work with to provide, maintain, analyze and in some cases advertise on the Services. The legal basis for the collection of information through third party cookies depends on the type of cookie, as described below.

The details, including our legal basis for collection and processing of the information collected through the cookies is as follows:

• Strictly necessary cookies: These cookies are required in order for you to be able to visit and use the Services. If you disable strictly necessary cookies, the Services will be impacted. The legal basis for the collection of information through strictly necessary cookies is the legitimate interest in providing functioning Services and to protect the security of our Services, and performance of a contract if we have a contractual agreement with you for the use of the products.

• Functional cookies: These cookies allow us to store choices and settings you may select, such as your language, region and account preferences. If you disable functional cookies, we may not be able to respond to your preference choices and provide the Services in a manner that is tailored to your region. The legal basis for the collection of information through functionality cookies is your consent. 

• Analytics and targeting/advertising cookies: Analytics cookies allow us to collect information on how the Services are used and the scope and demographics of the user base. This includes whether a user has visited the Services previously, how the user came to visit our Services, the volume of users visiting particular areas of the Services and the time they’re spending on particular pages. This allows us to improve how our Services perform and your experience in using the Services.

On our hellotend.com website, we also include advertising cookies. These cookies allow us to do some of the things that we do with analytics cookies, and also to targeted advertisements tailored to your interests. We do not include advertising cookies on the app products. If you disable such advertising cookies you will not receive a customized website experience or targeted advertising. The legal basis for the collection of such information by analytics and targeting/advertisement cookies is your consent.

Change settings from within your browser

Be advised that you may change your cookie settings from within your browser by going to the “help” function on most browsers. If you choose to have your browser refuse cookies, then it is likely that some areas of the hellotend.com website will not function properly when you use or visit them. The instructions for these vary from browser to browser and they may change from time to time as new versions are released. Here are some links to instructions for the most common browsers:

• Microsoft Internet Explorer

• Mozilla Firefox

• Google Chrome

• Safari

For other browsers, try searching for “managing cookies in (browser name)”

If you have any questions or concerns about our use of cookies and other tracking technologies, please send us an e-mail at privacy@hellotend.com. To learn more about your Privacy Policy, please read the policy.

Disabling, Deleting, or Opting Out of Cookies

There are several different ways to opt out of having cookies placed on your device. We have provided a link to some of them above. In addition, most web browsers allow you to control some cookies through the browser settings. You may use your browser tools to refuse the use of cookies or to delete cookies that have been placed on your device. However, if you disable cookies, you may not be able to use the full functionality of Tend.

Contact us

For further information on our use of cookies, please contact us at:

By email: privacy@hellotend.com By regular mail: Attn: Privacy Request - Cookies, 8 City Blvd. Suite 202, Nashville TN, 37209

Mobile Terms and Conditions

Mobile Terms and Conditions Effective Date: 06/10/2022

Noho Dental, Inc. (“Tend,” “we,” “us,” or “our”), has developed these Mobile Terms and Conditions (“Text Policy”) to inform users (“user,” “you,” or “your”) about our appointment reminder text messages, promotions and advertising text messages, and all related short message services. Read this Text Policy carefully.

When you text SMILE to 48363, opt-in online, or otherwise provide your mobile phone number to us through our website, hellotend.com, in an e-mail, in a written letter, or by some other means or manner, you agree to this Text Policy and give your prior, express, and written consent to receive text messages and/or push notifications containing information, related to offers, deals, promotions, and special opportunities, from or on behalf of Tend and/or our partners and suppliers, including messages using automated dialing technology (the “Program”). You do not need to provide this consent in order to purchase any products or services. However, you acknowledge that opting out of receiving text messages may impact your experience with the service(s) that rely on communications via text messaging.

By signing up, you are confirming you are over the age of 13.

Text STOP to 48363 to stop receiving text messages from Tend (after texting STOP, you will receive a confirmation message from us). For additional information, text HELP to 48363 or contact 888-898-3686.

You will not receive more than four (4) text messages per week with appointment reminders, alerts, or promotional offers.

You understand that text messages have inherent privacy risks, including that unencrypted text messages are not secure and could be accessed by an unauthorized party, intercepted, or altered without your knowledge or authorization.

You represent that you are the account holder for the mobile telephone number(s) that you provide to opt in to the Program. You are responsible for notifying Tend immediately if you change your mobile telephone number. You may notify Tend of a number change by calling 888-898-3686.

Message and data rates may apply to each text message sent or received in connection with the Program, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for details about available plans). Applicable roaming charges may apply.

Data obtained from you in connection with the Program may include your telephone number, your carrier’s name, and details of the message (date, time, and content). Tend may use this information to contact you in accordance with this Text Policy and to provide the services you request.

The health information contained herein is provided for educational purposes only and is not intended to replace discussions with a healthcare provider. All decisions regarding patient care must be made with a healthcare provider, considering the unique characteristics of the patient.

Tend will not be liable for any delays in the receipt of any text messages, nor will Tend be liable for any undelivered messages, as delivery is subject to effective transmission from your network operator.

The Program may not be available on all U.S. mobile carriers. Please see below for a current list of supported carriers. Note that your carrier is not liable for delayed or undelivered messages.

You agree to indemnify Tend and any third parties texting on its behalf in full for all claims, expenses, and damages related to or caused, in whole or in part, by your failure to immediately notify us if you change your telephone number, including but not limited to all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Tend may immediately suspend or terminate your participation in the Program if it believes you are in breach of this Text Policy. Your participation in the Program is also subject to termination in the event that your mobile telephone service terminates or lapses. Tend reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Program, with or without notice to you.

Tend may revise, modify, or amend this Text Policy at any time. Any such revision, modification, or amendment shall take effect when it is posted to Tend’s website. You agree to review this Text Policy periodically to ensure that you are aware of any changes. Your continued participation in this Program, including receipt of text messages and/or push notifications without opting out will indicate your acceptance of those changes.

Supported carriers are: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.

Please review our Privacy Policy for additional information on our data collection and use.

COVID-19 TREATMENT CONSENT AND RELEASE OF CLAIMS

You acknowledge and agree to the following:

You consent to receive treatment from a Tend Dental affiliated dental practice (“Practice”) during the COVID-19 outbreak.

You understand there is much to learn about the newly emerged COVID-19, including how it spreads and is transmitted.

You understand that, based on what is currently known about COVID-19, the spread is thought to occur mostly from person-to-person via respiratory droplets during close contacts.

You understand that close contact can occur from being within approximately 6 feet of someone with COVID-19 for a period of time, or by having direct contact with infectious secretions from someone with COVID-19.

You understand that carriers of COVID-19 may not show symptoms but may still be highly contagious.

You understand that due to the unknowns of this virus; the number of other patients that have been in the Practice; and the nature of the procedures performed here; that you have an increased risk of contracting the virus by being in, and by receiving treatment at, the Practice.

You understand that even with the Practice following all the CDC and ADA guidelines for infection control of COVID-19 in providing emergency dental treatments, that you are still at risk for possible infection with receiving such treatment at the Practice at this time.

You understand that dental procedures have the potential to include aerosol-generating procedures as well as anticipated splashes and sprays, which are some of the ways that COVID-19 can be spread.

You understand that the symptoms listed below are representative of COVID-19:

• Fever
• Dry Cough
• Shortness of Breath
• Temperature
• Persistent pain or pressure in the chest
• Bluish lips or face

You confirm that you, and those who live with you, have not displayed, or currently have, any of the symptoms that are representative of COVID-19, which are outlined above.

You confirm that, to the best of your knowledge, in the past 14 days you have not come into close contact with anyone who appeared to you as displaying, or having, any of the symptoms that are representative of COVID-19, which are outlined above.

You confirm, to the best of your knowledge, that you have not had close contact with an individual diagnosed with COVID-19 in the past 14 days. You understand that all travelers arriving from a country or region with widespread ongoing transmissions should stay home for 14 days to practice social distancing and monitor their health after their arrival.

You confirm that I, and those who live with you, have not returned in the last 14 days from traveling to any of the countries or regions with widespread ongoing transmissions, including all European countries, China, Korea, and Latin America.

Release of Claims

You release, that is, you give up and forever relinquish any and all claims, complaints and any legal actions in any court of law, or in any other proceedings before any governmental entity, that you became infected with the coronavirus, or that you suffered any other personal, physical or any other injury as a result of the dental treatment you have received from the Practice and from all the professional and technical providers who treated you at the Practice. You understand this release means that you can never bring any claim for any money damages, nor for any other legal remedy/relief against the Practice and any of the professional and technical providers at the Practice.

You acknowledge that you have read and understand this Release and that you knowingly and voluntarily have signed it as a condition of the Practice agreeing to provide treatment for you.

PATIENT ACKNOWLEDGMENT OF RESPONSIBILITY FOR COSTS AND FEES

You are responsible for paying your co-pay, any non-covered portions, any deductible you have not covered, and any other applicable costs and fees. If your insurance company does not pay for the services offered by Tend, you agree that you will pay for all services rendered to you by Tend. You further agree that by providing us with your credit card or debit card (“credit card”) information, you have authorized Tend to charge your credit card for any portion of costs and fees not otherwise covered by your insurance provider.

PATIENT CONSENT FOR DIGITAL RECORDING OF ONLINE APPOINTMENTS

By attending an online appointment with Tend, you acknowledge and agree that your image and voice may be recorded, photographed or otherwise digitally obtained by Tend to provide you with healthcare treatment and for training purposes.

Terms and Conditions for use of Photographs

I give permission for Tend to take and use photographs of me for use in promotional materials. Examples include but are not limited to display of the photographs on the hellotend.com website, in social media, in printed or electronic advertising, in other printed or electronic communications, and in presentations to other patients. I give permission for the photographs to be used and edited by Tend in any way it may consider appropriate. I understand the photographs may identify or present a recognizable likeness of me. I authorize the use of the photographs without compensation to me. I agree that all negatives, prints, and digital reproductions shall be the property of Tend. I understand I may revoke this authorization any time but the revocation must be in writing and will not apply to any photographs that have already been released by Tend with my permission.