TERMS OF USE

TERMS

Welcome to the website of OrthoFi Inc ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of portal.orthofi.com, including any content, functionality and services offered on or through portal.orthofi.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Online Privacy Policy, found at portal.orthofi.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Online Privacy Policy, you must not access or use the Website.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of 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, data or other proprietary material due to your use of the Website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Website, its content and any services or items obtained through the Website is at your own risk. The Website, its content and any services or items obtained through the Website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Website, its content or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the website will otherwise meet your needs or expectations.

The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

LIMITATIONS ON LIABILITY

In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Online Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

SMS MESSAGES TERMS AND CONDITIONS

By providing your mobile phone number, you consent to receiving SMS messages (text messages) from your provider and us regarding your upcoming appointments, payment reminders and other updates and information.  We will never ask for sensitive personal information in a text message and you should never send sensitive personal information in a text message to us or your provider, sensitive personal information includes your social security number and protected health information.  Please communicate any sensitive personal information by calling/visiting the practice.  Text messages are not secure and you agree that we will not be liable for anyone accessing the content of a text message. There are no fees charged by us or your provider to send or receive messages, but text message and data fees may be charged by your mobile service provider. To stop text messages, you can also simply reply “STOP” to any text message we send you.

PRIVACY STATEMENT AND CONFIDENTIALITY

All information we collect on this Website is subject to our Online Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Online Privacy Policy.

SITE TERMS OF USE MODIFICATIONS

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not:

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
• Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

The Company name, the terms ORTHOFI, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your contributions, if any, to the Website, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City and County of Denver although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set forth in these Terms of Use 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions. of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and OrthoFi Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

YOUR COMMENTS AND CONCERNS

This website is operated by OrthoFi Inc.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@orthofi.com.

ONLINE PRIVACY POLICY

Last Updated April 29, 2014

OrthoFi Inc. ("Company", "we", or "us") recognizes the importance of protecting all information that you, our online visitor, may choose to provide to us. To further this commitment, we have adopted this Online Privacy Policy to tell you how we collect, store, and use the information you provide to us online.

This Online Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the website portal.orthofi.com (our “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information. Please read this Online Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

COLLECTION AND USE OF YOUR INFORMATION

In order to setup your account with OrthoFi, your orthodontist has disclosed to OrthoFi certain nonpublic personal information about you. This information may include your name, address, and email address. We also collect certain nonpublic information from you directly. This information may include your social Security number, telephone numbers, bank or credit card account numbers, insurance information, and medical history. Whatever the purpose may be, we will only collect information to the extent reasonably necessary to fulfill your requests and our legitimate business objectives. For example, we use this bank or credit card information to facilitate the transfer of funds from your bank or credit card account to your orthodontist to pay for their services. When you view your account information, we may ask you to provide missing information. We use this information if we need to contact you about your account.

You can review and change your personal information by logging into the Website and visiting your account profile page. You may also send us an e-mail at privacy@orthofi.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

DISCLOSING YOUR INFORMATION

We will not disclose any of the information we collect, as described above, to any party other than you or your orthodontist unless permitted or required by law.

DISCLOSURES PERMITTED OR REQUIRED BY LAW

We will not disclose any of the information we collect, as described above, to any party, except as follows. We may disclose such information to you or your orthodontist. We may disclose such information to our subsidiaries and affiliates and to contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. We may disclose such information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred. We may also disclose your personal information to comply with any court order, law or legal process, including to respond to any government or regulatory request, to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others.

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

Notwithstanding the foregoing, the Company will comply with all U.S. federal and state laws regarding the privacy and protection of personal information, including, without limitation, the Health Insurance Portability and Accountability Act, the Gramm-Leach Bliley Act and the California Online Privacy Protection Act, as applicable.

INFORMATION COLLECTED THROUGH TECHNOLOGY

We collect information through technology to enhance our ability to serve you. For example, when you come to our website, we collect your IP address. An IP address is often associated with the portal you used to enter the Internet, like your ISP (Internet service provider). Standing alone, however, your IP address is not personally identifiable. We store your IP address, information about your browser and your computer device so that we may troubleshoot any user specific issues that you may encounter. At times, we also use IP addresses to study the frequency that our visitors visit various areas of our websites. We may combine this information with personal information.

Our websites also use “cookies” to collect and store information. Cookies are pieces of information that a website sends to your computer while you are viewing the website. We use cookies for a variety of purposes. For example, when you return to our websites after logging in, cookies provide information to the website so that the website will remember who you are. You can choose to have your computer warn you each time a cookie is sent, or you can choose to turn off all cookies. You can do this through your browser (e.g., Chrome or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your web experience smoother, and some of our services may not function properly.

KEEPING YOUR INFORMATION SECURE

The Security and confidentiality of your information is extremely important to us. That’s why we have technical, administrative, and physical Security measures in place to protect your personal information from unauthorized access and improper use. For example, the areas of our website that enable or require you to submit personal information online use encryption to protect that information. We also review our Security procedures periodically to consider appropriate new technology and updated methods. But, despite our reasonable efforts, no Security measure is ever perfect or impenetrable.

CHILDREN'S PRIVACY

This Website is intended for use only by adults. We do not knowingly solicit or collect information from children under the age of 18.

KEEPING UP-TO-DATE

We want you to be fully informed about how we will protect your privacy. We may change our privacy policy in the future and will notify you of changes in our policy through this website.

ADDITIONAL INFORMATION or COMMENTS

If you have questions or wish to send us comments about this Online Privacy Policy, e-mail us at privacy@orthofi.com or call or write to us at:

OrthoFi, Inc.
Attn.: Privacy Policy Administrator
PO Box 40209
Denver, C0 80204
(877)766-5220