Terms of Use
Effective Date: December 10, 2025
Last Updated: December 10, 2025
Practice Information
Studio Smiles of Poway
15525 Pomerado Rd, Suite D5
Poway, CA 92064
Phone: (858) 385-9188
Email: [email protected]
Website: https://studiosmilesofpoway.com
Table of Contents
Acceptance of Terms
About Studio Smiles of Poway
Definitions
Website Access and Use
User Accounts and Registration
Online Appointment Scheduling
Patient Portal and Health Information
Patient Responsibilities
Financial Terms and Payment
Appointment Policies
Teledentistry and Virtual Consultations
Communications and Consent
Intellectual Property Rights
User Content and Submissions
Prohibited Uses
Third-Party Services and Links
Disclaimers and Limitations of Liability
Indemnification
Dispute Resolution and Arbitration
Governing Law and Jurisdiction
Modifications to Terms
Termination
Miscellaneous Provisions
Contact Information
1. Acceptance of Terms
1.1 Binding Agreement
These Terms of Use (“Terms,” “Agreement”) constitute a legally binding agreement between you (“you,” “your,” “user,” “patient”) and Studio Smiles of Poway (“we,” “us,” “our,” “Studio Smiles,” or “Practice”) concerning your access to and use of:
Our website located at https://studiosmilesofpoway.com (the “Website”)
Our patient portal and online services
Our online appointment scheduling system
Any dental services provided at our physical location
Any communications, features, content, or applications we offer
1.2 Agreement to Terms
BY ACCESSING OR USING OUR WEBSITE, SCHEDULING AN APPOINTMENT, REGISTERING FOR A PATIENT ACCOUNT, OR RECEIVING DENTAL SERVICES FROM US, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY.
If you do not agree to these Terms, you must not access or use our Website or services.
1.3 Additional Terms
These Terms incorporate by reference:
Our Privacy Policy (available at https://studiosmilesofpoway.com/privacy-policy)
Our HIPAA Notice of Privacy Practices
Our Financial Policy (provided at the practice)
Any additional terms presented at the time of service
1.4 Age Requirement
You must be at least 18 years of age to use our Website, create an account, or enter into any agreement with us. If you are under 18, you may use our services only with the involvement and consent of a parent or legal guardian.
1.5 Authority to Accept
By accepting these Terms, you represent and warrant that:
You have the legal capacity to enter into a binding contract
You are not prohibited by law from accessing or using our services
All information you provide is accurate and current
2. About Studio Smiles of Poway
2.1 Professional Services
Studio Smiles of Poway is a licensed dental practice providing comprehensive dental care services in Poway, California. We are committed to providing quality dental care in accordance with:
California Dental Practice Act
Standards established by the Dental Board of California
American Dental Association (ADA) principles and code of ethics
Applicable federal and state healthcare regulations
2.2 Licensed Practitioners
All dental services are provided by licensed dentists and dental hygienists in good standing with the California Dental Board. Our practitioners maintain current licenses and comply with continuing education requirements.
2.3 Scope of Services
We provide dental services including but not limited to:
Preventive care (cleanings, exams, X-rays)
Restorative dentistry (fillings, crowns, bridges)
Cosmetic dentistry
Dental implants
Oral health screenings
Emergency dental care
Other services as described on our Website or at our practice
2.4 Not a Substitute for Medical Advice
IMPORTANT: Information on our Website is for informational purposes only and does not constitute medical or dental advice. Always seek the advice of qualified health providers with any questions regarding a medical or dental condition.
3. Definitions
“Content” means all information, text, graphics, images, videos, audio, software, code, and other materials available on the Website.
“Patient Portal” means the secure online platform where patients can access their health information, communicate with our practice, and manage appointments.
“Personal Information” means information that identifies, relates to, or could reasonably be linked with you or your household.
“Protected Health Information” (PHI) means individually identifiable health information as defined by HIPAA.
“Services” means all dental care, website features, patient portal access, and related services we provide.
“User Account” means a registered account created through our Website or patient portal.
“User Content” means any content, information, or materials you submit, post, or transmit through our Website or services.
4. Website Access and Use
4.1 License to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
Access and use the Website for personal, non-commercial purposes
View and download informational content for personal reference
Schedule appointments and communicate with our practice
Access your patient portal (if registered)
4.2 Restrictions on Use
You agree NOT to:
Prohibited Actions
Use the Website for any unlawful purpose or in violation of these Terms
Impersonate any person or entity or falsely state or misrepresent your affiliation
Interfere with or disrupt the Website or servers
Attempt to gain unauthorized access to any portion of the Website
Use any robot, spider, scraper, or automated means to access the Website
Reverse engineer, decompile, or disassemble any software or technology
Remove or modify any copyright, trademark, or proprietary notices
Frame or mirror any part of the Website without our permission
Upload or transmit viruses, malware, or harmful code
Collect or harvest personal information about other users
Commercial Use
You may not use the Website for commercial purposes without our written consent
You may not advertise, solicit, or promote products or services
You may not use Website content for competitive purposes
4.3 Website Availability
We strive to maintain Website availability 24/7 but do not guarantee uninterrupted access
We may suspend, withdraw, or restrict access for maintenance, updates, or security
We are not liable for any unavailability or performance issues
4.4 Changes to Website
We reserve the right to:
Modify, update, or discontinue any aspect of the Website at any time
Change features, functionality, or content without notice
Impose limits on certain features or restrict access
4.5 Geographic Restrictions
The Website is operated from the United States and intended for users in California. We make no representation that Website content is appropriate or available for use in other locations.
5. User Accounts and Registration
5.1 Account Creation
To access certain features (patient portal, online scheduling), you may need to create a user account by providing:
Full name, date of birth
Email address and phone number
Password for account security
Insurance information (if applicable)
Other required information
5.2 Account Security
Your Responsibilities
Maintain the confidentiality of your login credentials
Use a strong, unique password
Do not share your account with others
Notify us immediately of any unauthorized access
Log out after each session, especially on shared devices
Our Rights
We may suspend or terminate accounts suspected of unauthorized use
We are not liable for losses from unauthorized account access if you fail to protect your credentials
5.3 Account Information Accuracy
You must provide accurate, current, and complete information
You must update information promptly when it changes
Providing false information may result in account termination
We rely on your information for appointment scheduling, billing, and care coordination
5.4 Account Termination
By You
You may close your account at any time by contacting us
Closing your account does not delete your dental records (retained per legal requirements)
By Us
We may suspend or terminate accounts for Terms violations
We may terminate accounts for fraudulent activity
We may close inactive accounts after appropriate notice
6. Online Appointment Scheduling
6.1 Scheduling System
Our online appointment scheduling system allows you to:
View available appointment times
Request new appointments
Reschedule existing appointments
Receive appointment confirmations and reminders
6.2 Appointment Requests
Important Notices
Online scheduling creates an appointment request, not a confirmed appointment
You will receive confirmation via email, text, or phone
Appointments are confirmed only when you receive our confirmation
We reserve the right to modify scheduled times if necessary
Not all appointment types are available for online booking
6.3 Accuracy of Information
When scheduling appointments, you must provide:
Accurate contact information
Correct reason for visit
Current insurance information (if applicable)
Any medical conditions or medications relevant to treatment
6.4 Emergency Situations
DO NOT USE ONLINE SCHEDULING FOR DENTAL EMERGENCIES
For dental emergencies:
Call our office immediately at (858) 385-9188
During office hours, we will accommodate emergencies
After hours, our voicemail provides emergency contact information
For life-threatening emergencies, call 911
6.5 No Guarantee of Availability
Available appointment slots are shown in real-time but may be booked before you complete your request
We do not guarantee specific appointment times or providers
Popular times may fill quickly
7. Patient Portal and Health Information
7.1 Patient Portal Access
Our patient portal provides secure access to:
Dental records and treatment history
X-rays and diagnostic images
Treatment plans and estimates
Billing statements and payment history
Prescription records
Lab results
Secure messaging with our practice
7.2 HIPAA Compliance
The patient portal complies with HIPAA Security Rule requirements
Communications through the portal are encrypted
Access is controlled through authentication
See our Privacy Policy for details on how we protect PHI
7.3 Portal Security
Your Responsibilities
Access the portal only through secure devices and networks
Do not use public Wi-Fi for accessing health information
Log out after each session
Report any security concerns immediately
Our Security Measures
Encryption of data in transit and at rest
Secure user authentication
Automatic session timeouts
Regular security audits
7.4 Portal Content Limitations
Information in the portal may not include the most recent updates (please allow 24-48 hours)
Some information may require in-person pickup due to state regulations
Technical issues may temporarily limit portal access
We are not liable for decisions made based on portal information without consulting our practitioners
7.5 Requesting Health Records
To request copies of your complete dental records:
Submit a written request via the portal, email, or in person
We will respond within 30 days as required by HIPAA
Fees may apply for copying and postage (see our Privacy Policy)
8. Patient Responsibilities
8.1 Providing Accurate Information
You agree to:
Provide complete and accurate medical and dental history
Update us about changes in health status, medications, or allergies
Inform us of any adverse reactions to previous dental treatment
Provide current insurance information
Notify us of address or contact information changes
8.2 Informed Consent
You will be informed of proposed treatment, risks, benefits, and alternatives
You have the right to ask questions before consenting to treatment
Written consent will be obtained for certain procedures
You may decline recommended treatment, but we are not liable for consequences of declined care
8.3 Following Treatment Instructions
You agree to follow post-treatment care instructions provided by our practitioners
Failure to follow instructions may affect treatment outcomes
Contact us if you have questions or concerns about instructions
8.4 Keeping Appointments
Arrive on time for scheduled appointments
Provide advance notice if you need to cancel or reschedule (see Section 10)
Understand that late arrival may result in shortened appointment time or rescheduling
8.5 Respectful Conduct
Treat our staff, practitioners, and other patients with respect and courtesy
Abusive, threatening, or disruptive behavior will not be tolerated
We reserve the right to terminate the dentist-patient relationship for inappropriate conduct
9. Financial Terms and Payment
9.1 Payment Responsibility
You Are Responsible For:
All charges for services provided to you
Any amounts not covered by insurance
Deductibles, co-payments, and co-insurance
Services for which insurance denies coverage
9.2 Insurance
If You Have Dental Insurance
We will file claims as a courtesy to you
You are responsible for knowing your coverage and benefits
Insurance payments are made directly to us if we are in-network
You remain financially responsible regardless of insurance coverage
We are not responsible for insurance company denials or delays
Insurance Verification
We will attempt to verify coverage, but verification is not a guarantee of payment
Your benefits may differ from what insurance representatives indicate
Pre-authorization does not guarantee payment
9.3 Payment Methods
We accept:
Cash, checks, and money orders
Credit cards (Visa, MasterCard, American Express, Discover)
Debit cards
HSA/FSA cards
CareCredit and other financing options (subject to credit approval)
9.4 Payment Timing
Payment is expected at the time of service unless:
We have filed a claim with your insurance (you pay estimated patient portion)
You have arranged a payment plan (requires written agreement)
Treatment is covered by a pre-paid treatment plan
9.5 Estimates
Treatment cost estimates are approximations based on typical procedures
Actual costs may vary if additional treatment is needed
Estimates are valid for 90 days
Estimates do not guarantee insurance coverage
9.6 Payment Plans
Payment plans may be available for treatment exceeding $1,000 (subject to credit approval)
A written payment plan agreement is required
Missed payments may result in account referral to collections
Interest or financing fees may apply (disclosed in payment plan agreement)
9.7 Past Due Accounts
Accounts more than 60 days past due:
May be referred to a collections agency
May be reported to credit bureaus
Will be charged interest at the maximum rate allowed by law (currently 10% annually in California)
May result in suspension of non-emergency dental services until balance is paid
Collection Costs
You agree to pay all costs of collection, including:
Collection agency fees (up to 33% of balance)
Reasonable attorney’s fees
Court costs and filing fees
9.8 Returned Payments
Returned checks or declined credit cards will incur a $35 processing fee
Future payments may be required in cash or certified funds
9.9 Financial Hardship
If you are experiencing financial difficulty, please contact our billing department to discuss options such as:
Payment plans
Financing through third parties
Prioritizing urgent vs. elective treatment
10. Appointment Policies
10.1 Scheduling
Appointments may be scheduled online, by phone, or in person
We will confirm all appointments via email, text, or phone
Please arrive 10-15 minutes early for paperwork (first visits)
10.2 Cancellation Policy
Advance Notice Required
24-hour notice required to cancel or reschedule appointments
Notice must be given during business hours (not via email after hours)
Late Cancellations and No-Shows
Cancellations with less than 24-hour notice may be charged a $50 fee
No-shows (failure to appear without notice) will be charged a $75 fee
Repeated cancellations or no-shows may result in: Requirement for advance payment for future appointments Limitation to urgent care only Termination of the dentist-patient relationship
Exceptions
True emergencies (illness, accident, family emergency)
Inclement weather making travel dangerous
Other circumstances at our discretion
10.3 Late Arrivals
Arrivals more than 15 minutes late may need to be rescheduled
Late arrival may result in shortened appointment time
We cannot guarantee completion of all planned treatment if you arrive late
10.4 Rescheduling
You may reschedule appointments with appropriate notice (24 hours)
We will make reasonable efforts to accommodate rescheduling requests
Repeated rescheduling may limit future appointment availability
10.5 Appointment Reminders
We provide courtesy reminders via email, text, or phone
Reminders are a courtesy; you are responsible for remembering appointments
Failure to receive a reminder does not waive cancellation fees
11. Teledentistry and Virtual Consultations
11.1 Teledentistry Services
We may offer teledentistry services including:
Virtual consultations for preliminary evaluations
Second opinion reviews
Follow-up appointments for certain conditions
Emergency triage and guidance
11.2 Limitations of Teledentistry
Important Limitations
Teledentistry is not appropriate for all dental concerns
Diagnosis may require in-person examination
Treatment cannot be provided remotely
We may require an in-office visit after virtual consultation
11.3 Technology Requirements
For virtual consultations, you need:
Device with camera, microphone, and internet connection
Updated web browser or required app
Private location for confidential discussion
Good lighting and clear audio
11.4 Consent for Teledentistry
By participating in teledentistry, you consent to:
Video and audio recording of the session (for medical records)
Use of third-party video platforms (HIPAA-compliant)
Potential technical difficulties that may interrupt the session
11.5 Teledentistry Not for Emergencies
DO NOT USE TELEDENTISTRY FOR DENTAL EMERGENCIES
Call our office directly for emergencies
For life-threatening conditions, call 911
12. Communications and Consent
12.1 Communication Channels
We may communicate with you via:
Text message (SMS)
Phone calls
U.S. Mail
Patient portal secure messaging
Appointment reminder systems
12.2 Consent to Receive Messages
These Terms and Conditions govern your use of Studio Smiles of Poway services, including our website and our SMS and email communications programs. By using our services or opting into our communications, you agree to these Terms and our Privacy Policy.
1. Program Description
Studio Smiles of Poway may send SMS and email messages to users who opt in. Messages may include promotional offers, service updates, appointment confirmations, and appointment reminders. Message frequency may vary.
2. Consent to Receive Messages
By providing your phone number and opting in, you authorize Studio Smiles of Powayto send text messages to your mobile number. Consent is not a condition of purchase.
3. Opt Out
You can cancel the SMS service at any time. Just text “STOP” to 858-385-9188. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
4. Opt In Again
If you want to rejoin after opting out, you can opt in again using the same method you used to enroll originally.
5. Help and Support
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected] or 858-385-9188…
6. Message Frequency and Rates
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive 2-6 messages per month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
7. Carrier Disclaimer
Carriers are not liable for delayed or undelivered messages.
8. Privacy
Your use of the messaging program is also governed by our Privacy Policy. You can view it here: Privacy Policy
9. Changes to Terms
We may update these Terms from time to time. Updates will be posted with a new Last Updated date.
10. Contact
Questions about these Terms can be sent to:
Studio Smiles of Poway
Address: 15525 Pomerado Rd., STE D5, Poway CA 92064
Phone: 858-385-9188
Email: [email protected]
If you have any questions regarding privacy, please read our privacy policy: https://studiosmilesofpoway.com/privacy-policy
13. Intellectual Property Rights
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13.1 Ownership
All content on the Website, including but not limited to:
Text, graphics, logos, images, videos, and audio
Software, code, and functionality
Design, layout, and appearance
Trademarks, service marks, and trade names
is owned by Studio Smiles of Poway or our licensors and is protected by:
U.S. and international copyright laws
Trademark laws
Other intellectual property laws
13.2 Trademarks
“Studio Smiles of Poway,” our logo, and other marks are trademarks of Studio Smiles of Poway. You may not use these marks without our prior written consent.
13.3 Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to:
Access and view Website content for personal use
Download and print content for personal, non-commercial reference
You may NOT:
Modify, reproduce, distribute, or display Website content commercially
Create derivative works based on Website content
Use content for competitive purposes
Remove copyright or proprietary notices
13.4 Copyright Infringement Claims
If you believe content on our Website infringes your copyright:
Submit a DMCA Notice to:
Studio Smiles of Poway
ATTN: Copyright Agent
15525 Pomerado Rd, Suite D5
Poway, CA 92064
Email: [email protected]
Your notice must include:
Identification of the copyrighted work
Identification of the infringing material
Your contact information
A statement of good faith belief
A statement that information is accurate
Your physical or electronic signature
14. User Content and Submissions
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14.1 User Content
“User Content” includes any content you submit, post, or transmit through:
Contact forms
Online appointment requests
Patient portal messages
Reviews, testimonials, or feedback
Survey responses
Photos or documents you upload
14.2 Your Responsibilities
You represent and warrant that your User Content:
Is accurate and not misleading
Does not infringe intellectual property rights
Does not violate any laws or regulations
Does not contain defamatory, obscene, or offensive material
Does not contain viruses or malicious code
14.3 Prohibited Content
You may NOT submit:
False or fraudulent information
Other patients’ personal or health information
Spam or unsolicited advertising
Malware or harmful code
Content that violates these Terms
14.4 License to Use Your Content
By submitting User Content (excluding your health information), you grant us:
A non-exclusive, worldwide, royalty-free license
To use, reproduce, modify, publish, and display your content
For business operations, marketing, and service improvement
This does NOT apply to your protected health information (PHI)
Examples:
Your testimonial may be used on our Website (with your permission)
Your feedback may be used to improve our services
Your photos may be used for marketing (only with explicit written consent)
14.5 No Obligation
We are not obligated to:
Monitor or review User Content
Store User Content indefinitely
Use or display User Content
Compensate you for User Content
14.6 Removal Rights
We reserve the right to:
Remove or refuse to post any User Content
Edit or modify User Content
Disclose User Content to comply with legal obligations
Remove content that violates these Terms
15. Prohibited Uses
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15.1 General Prohibitions
You agree NOT to use the Website or our services to:
Illegal Activities
Violate any local, state, federal, or international law
Commit fraud or misrepresentation
Engage in identity theft
Distribute controlled substances or illegal drugs
Harmful Conduct
Harass, threaten, or harm others
Transmit hate speech or discriminatory content
Stalk or invade privacy
Spread false or defamatory information
Security Violations
Attempt unauthorized access to our systems
Introduce viruses, malware, or harmful code
Conduct security scans or penetration tests
Interfere with Website functionality
Overwhelm servers with excessive requests (DoS attacks)
Intellectual Property Violations
Infringe copyrights, trademarks, or patents
Use our content without permission
Reverse engineer our software or technology
Impersonation and Fraud
Impersonate our staff, practitioners, or other users
Create fake accounts or identities
Provide false information about qualifications or affiliations
Spam and Commercial Abuse
Send unsolicited communications to our staff or patients
Use email addresses collected from our Website for spam
Scrape or harvest user data
15.2 Consequences
Violation of these prohibitions may result in:
Immediate termination of your account and access
Legal action and civil liability
Criminal prosecution
Liability for damages, legal fees, and costs
16. Third-Party Services and Links
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16.1 Third-Party Links
Our Website may contain links to third-party websites, including:
Insurance company websites
Dental product manufacturers
Health information resources
Social media platforms
Payment processors
Appointment scheduling platforms
16.2 No Endorsement
Links do not imply endorsement of third-party sites
We are not responsible for third-party content, products, or services
We do not control or monitor third-party sites
Third-party sites have their own terms and privacy policies
16.3 Third-Party Services
We use third-party service providers for:
Website hosting and maintenance
Payment processing
Email and SMS communications
Analytics and advertising
Appointment scheduling
Patient portal functionality
Important:
These providers may collect information about you
They are bound by contracts to protect your information
PHI is shared only with HIPAA-compliant business associates
16.4 Third-Party Disclaimer
We are not liable for:
Third-party website content or availability
Products or services purchased from third parties
Privacy practices of third parties
Losses from third-party interactions
17. Disclaimers and Limitations of Liability
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17.1 Website “As Is”
THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Accuracy or completeness of content
Uninterrupted or error-free operation
Security or freedom from viruses
Results from using the Website
17.2 Medical Disclaimer
IMPORTANT MEDICAL DISCLAIMER:
Website content is for informational purposes only
Not a substitute for professional dental or medical advice
Always consult qualified healthcare providers
Do not disregard professional advice based on Website content
Do not delay seeking treatment based on Website information
In emergencies, call 911 immediately
We make no representations or warranties regarding:
Diagnosis or treatment outcomes
Results of specific procedures
Before-and-after photos (results vary)
Timeframes for treatment or recovery
17.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
WE ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM:
Use or inability to use the Website or services
Errors, omissions, or inaccuracies in content
Unauthorized access to your account or data
Third-party conduct or content
Service interruptions or delays
Loss of data or information
Computer viruses or malware
THIS INCLUDES:
Direct, indirect, incidental, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Personal injury or property damage
MAXIMUM LIABILITY:
If we are found liable despite these limitations, our total liability shall not exceed the amount you paid us in the 12 months before the claim, or $100, whichever is greater.
17.4 California Limitations
Some California laws do not allow limitations on implied warranties or exclusion of certain damages. In California, these limitations apply only to the extent permitted by law.
17.5 Basis of the Bargain
You acknowledge that these disclaimers and limitations are fundamental elements of the agreement between you and Studio Smiles, and that we would not provide the Website or services without these protections.
18. Indemnification
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18.1 Your Indemnification Obligation
You agree to indemnify, defend, and hold harmless Studio Smiles of Poway, our dentists, employees, contractors, agents, officers, and directors from and against any and all:
Claims, demands, lawsuits, or actions
Losses, damages, liabilities, costs, and expenses
Attorney’s fees and legal costs
Arising from or related to:
Your use or misuse of the Website or services
Your violation of these Terms
Your violation of any law or regulation
Your User Content
Your infringement of third-party rights
Your conduct toward our staff or other patients
18.2 Defense and Settlement
We reserve the right to assume exclusive defense and control of any matter subject to indemnification
You will cooperate fully with us in defending any claim
You may not settle any claim without our prior written consent
19. Dispute Resolution and Arbitration
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19.1 Informal Resolution
Before filing any legal action, you agree to:
Contact us to attempt informal resolution
Send written notice describing the dispute
Allow 30 days for good-faith negotiations
Contact for Disputes:
Studio Smiles of Poway
ATTN: Legal Department
15525 Pomerado Rd, Suite D5
Poway, CA 92064
Email: [email protected]
19.2 Binding Arbitration
If informal resolution fails, you agree that:
All disputes will be resolved through binding arbitration
Arbitration will be conducted under the American Arbitration Association (AAA) Commercial Arbitration Rules
The arbitrator’s decision is final and binding
Either party may seek enforcement of the award in court
Arbitration Procedures:
One arbitrator will be selected per AAA rules
Arbitration will occur in San Diego County, California
Each party pays their own attorney’s fees unless the arbitrator awards fees to the prevailing party
We will pay AAA filing fees for claims under $10,000
19.3 Class Action Waiver
YOU AGREE THAT:
Disputes will be resolved on an individual basis only
You waive the right to participate in class actions, class arbitrations, or representative actions
You may not consolidate claims with other patients
The arbitrator may not consolidate multiple parties’ claims
If the class action waiver is found unenforceable, the arbitration agreement does not apply, and disputes will proceed in court.
19.4 Exceptions to Arbitration
Arbitration does NOT apply to:
Small claims court actions (if they remain in small claims court)
Claims for injunctive or equitable relief to protect intellectual property
Emergency or provisional relief to prevent irreparable harm
19.5 Opt-Out Right
You have the right to opt-out of arbitration:
Send written notice within 30 days of accepting these Terms
Include your name, address, and statement that you opt-out
Send to the address in Section 19.1
20. Governing Law and Jurisdiction
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20.1 Governing Law
These Terms are governed by and construed in accordance with:
The laws of the State of California
The laws of the United States
Without regard to conflict of law principles
20.2 Jurisdiction and Venue
For any disputes not subject to arbitration:
Exclusive jurisdiction lies in the state and federal courts located in San Diego County, California
You consent to personal jurisdiction in these courts
You waive any objections to venue
20.3 Compliance with Laws
You are responsible for complying with:
All local, state, and federal laws applicable to your use of the Website
All laws in your jurisdiction regarding online conduct and content
21. Modifications to Terms
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21.1 Right to Modify
We reserve the right to modify, amend, or update these Terms at any time, at our sole discretion.
21.2 Notice of Changes
When we make changes:
We will update the “Last Updated” date at the top
For material changes, we will: Post a notice on our Website homepage for 30 days Send email notification to registered users (if feasible) Notify you at your next visit to our practice
21.3 Acceptance of Changes
Continued use of the Website or services after changes constitutes acceptance
If you do not agree to changes, you must stop using the Website and services
Material changes will not apply retroactively
21.4 Current Version
The current version of these Terms is always available at:
https://studiosmilesofpoway.com/terms-of-use
22. Termination
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22.1 Termination by You
You may terminate your relationship with us by:
Closing your user account
Ceasing to use the Website and services
Notifying us in writing of your intent to terminate
Note: Termination does not:
Delete your dental records (retained per legal requirements)
Relieve you of payment obligations
Affect previously incurred liabilities
22.2 Termination by Us
We may terminate or suspend your access immediately, without notice, for:
Violation of these Terms
Fraudulent or illegal activity
Abusive or disruptive conduct
Failure to pay for services
Any reason at our discretion
22.3 Effect of Termination
Upon termination:
Your right to use the Website and services immediately ceases
Your account and access will be disabled
You remain liable for all obligations incurred before termination
Provisions that by their nature should survive will survive (payment obligations, warranties, limitations of liability, arbitration, etc.)
22.4 Termination of Dentist-Patient Relationship
We may terminate the dentist-patient relationship for:
Non-payment of services
Repeated cancellations or no-shows
Abusive or threatening behavior
Non-compliance with treatment recommendations
Loss of mutual trust
If we terminate the relationship:
We will provide 30 days’ notice (except for immediate safety concerns)
We will provide emergency care during the 30-day period
We will assist with transferring your records to a new dentist
You remain responsible for outstanding balances
23. Miscellaneous Provisions
(No changes; content preserved exactly as provided.)
23.1 Entire Agreement
These Terms, together with our Privacy Policy and any other written agreements, constitute the entire agreement between you and Studio Smiles regarding use of the Website and services.
23.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable:
The provision will be modified to the minimum extent necessary to make it valid and enforceable
If modification is not possible, the provision will be severed
The remaining provisions remain in full force and effect
23.3 Waiver
Our failure to enforce any provision does not constitute a waiver
Waiver of one breach does not waive subsequent breaches
Waivers must be in writing and signed by authorized representatives
23.4 Assignment
You may not assign or transfer these Terms or your account without our written consent
We may assign these Terms to affiliates, successors, or acquirers without your consent
Any prohibited assignment is void
23.5 Force Majeure
We are not liable for failure to perform obligations due to circumstances beyond our reasonable control, including:
Natural disasters (earthquakes, floods, fires)
Pandemics or public health emergencies
Government actions or regulations
Utility failures or telecommunications outages
Labor disputes or strikes
Acts of terrorism or war
23.6 Notices
Notices to You
We may provide notices via email, Website posting, patient portal, or mail
Notices are effective when sent or posted
Notices to Us
Must be sent in writing to:
Studio Smiles of Poway
ATTN: Legal Department
15525 Pomerado Rd, Suite D5
Poway, CA 92064
Email: [email protected]
Notices are effective when received
23.7 Relationship
These Terms do not create:
A partnership, joint venture, or agency relationship
An employment relationship
Any fiduciary duties
The dentist-patient relationship is established when you receive dental treatment, subject to informed consent.
23.8 Survival
The following provisions survive termination:
Payment obligations
Intellectual property rights
User Content licenses
Disclaimers and limitations of liability
Indemnification
Arbitration and dispute resolution
Governing law
23.9 Headings
Section headings are for convenience only and do not affect interpretation of these Terms.
23.10 Language
These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version controls.
24. Contact Information
24.1 Questions About These Terms
If you have questions about these Terms of Use, please contact:
Studio Smiles of Poway
15525 Pomerado Rd, Suite D5
Poway, CA 92064
Phone: (858) 385-9188
Email: [email protected]
Website: https://studiosmilesofpoway.com
Office Hours:
Tuesday - Friday: 9:00 AM - 6:00 PM
Saturday: 9:00 AM - 2:00 PM
Sunday & Monday: Closed
24.2 Legal Notices
For legal matters, including disputes or copyright claims:
Email: [email protected]
Mail: Studio Smiles of Poway, ATTN: Legal Department, 15525 Pomerado Rd, Suite D5, Poway, CA 92064
24.3 Emergency Contact
For Dental Emergencies:
Call (858) 385-9188
After-hours voicemail provides emergency instructions
For life-threatening emergencies, call 911
Acknowledgment and Acceptance
BY USING OUR WEBSITE, SCHEDULING APPOINTMENTS, CREATING AN ACCOUNT, OR RECEIVING SERVICES FROM STUDIO SMILES OF POWAY, YOU ACKNOWLEDGE THAT:
You have read and understood these Terms of Use
You agree to be bound by these Terms
You meet the age and legal requirements to accept these Terms
You understand the limitations of liability and dispute resolution provisions
You have had the opportunity to ask questions about these Terms
If you do not agree to these Terms, you must immediately stop using our Website and services.
© 2025 Studio Smiles of Poway. All Rights Reserved.
Last Updated: December 10, 2025
Effective Date: December 10, 2025
Version: 1.0
Important Additional Documents
Please also review:
Privacy Policy - How we collect, use, and protect your information
HIPAA Notice of Privacy Practices - Your rights regarding health information
Financial Policy - Payment terms and insurance procedures
Informed Consent Forms - Treatment-specific consent documents
This Terms of Use document is compliant with:
✅ California Dental Practice Act
✅ HIPAA Privacy and Security Rules
✅ California Consumer Privacy Act (CCPA/CPRA)
✅ Telephone Consumer Protection Act (TCPA)
✅ CAN-SPAM Act
✅ Americans with Disabilities Act (ADA) - Website Accessibility
✅ Federal Trade Commission (FTC) regulations
✅ California Business and Professions Code
For questions or concerns, please contact us at (858) 385-9188 or [email protected]
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Studio Smiles Of Poway
15525 Pomerado Rd, Suite D5
Poway, CA 92064
Phone: (858) 385-9188
Email: [email protected]
Office Hours
Tuesday: 9 AM – 6 PM
Wednesday: 9 AM – 6 PM
Thursday: 9 AM – 6 PM
Friday: 9 AM – 6 PM
Saturday: 9 AM – 2 PM
Sunday & Monday: Closed
© 2025 Studio Smiles of Poway. All Rights Reserved. | Accessibility Statement