45
[email protected] with the word UNSUBSCRIBE in the subject field of the e-mail. We will
unsubscribe your email from promotional e-mails sent by us within 10 business days of our receipt of your
opt-out request. Your opt-out of promotional emails will not affect nonpromotional e-mails, such as those about
your Account, transactions, servicing, or DentalEZ’ ongoing business relations with you.
(ii) Text Messages: We may send you reoccurring text messages to the phone number you provide for
transactional and promotional purposes in regard to the Service, your Account or DentalEZ products and
services. You understand that your consent is not required as a condition of purchase, and that you can opt-
out of receiving certain promotional text messages from us at any time by:
•
for text messages, texting “STOP” in response to any text message you receive from us or contacting us at
[email protected] and specifying you want to opt-out of text messages; and
•
for calls, requesting opt-out during any call you receive from us or contacting us at DentalEZIOT@
DentalEZ.com and specifying you want to opt-out of calls. For text messages, you can also text “HELP” at
any time for more information. We will unsubscribe your phone number from reoccurring texts messages
from us within 10 business days of our receipt of your opt-out request. You understand that you may
receive a text message confirming any opt-out by you. Standard message, data, and other fees may be
charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for
which you are responsible. Not all phone and/or carriers are supported. Contact your carrier for further
details.
Please note that any opt-out by you is limited to the e-mail address, phone number and device used and will not
affect subsequent subscriptions.
4. Agreement to Arbitrate and Choice of Law.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS,
INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT
CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
A. We Both Agree to Arbitrate.
You and DentalEZ agree to resolve any claims relating to these Terms through final and binding arbitration, except
to the extent you have in any manner violated or threatened to violate DentalEZ’ intellectual property rights (for
example, trademark, trade secret, copyright, or patent rights). Under such circumstances DentalEZ may bring
a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property
infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration
or the informal dispute-resolution process described herein.
B. What
is
Arbitration.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge
or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief
that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision
shall be severed, and the remaining arbitration terms shall be enforced.
C. Arbitration
Procedures.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision.
Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these
Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined
Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules
set forth in these Terms, the rules set forth in this Terms will govern. The JAMS Rules and instructions for how to
initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration,
you or DentalEZ must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of
damages sought to be recovered. You can find a copy of a demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS
office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
(3) Send one copy of the demand for Arbitration to the other party.
TERMS OF USE
