Terms & Conditions
We offer competitive one-off treatment planning consultations, as well as discounted rates for members.
1. This order is subject to acceptance by ClearAssist. Upon acceptance by ClearAssist, and without the necessity of additional steps or formalities, this order shall become a fully binding contract at law and in equity between the Purchaser and ClearAssist governed by the following Terms and Conditions.
2. Payment for services rendered by ClearAssist is due when a case is sent in. Purchaser shall pay the respective consultant directly. In the event a payment is not made when due and ClearAssist is required to collect it at a later date, all reasonable costs associated with the collection, including interest and collection fees, shall be paid together with the overdue amount.
3. The following warranty limitations and exclusions are applicable to ALL services provided by ClearAssist:
(a) ClearAssist is a company that provides consulting services to licensed dentists only. ClearAssist’s consulting service/any proposed treatment plan ClearAssist may provide to the Purchaser is a tool, but only one tool, for the Purchaser, a licensed dentist, to use as a part of that professional’s complete and independent professional diagnosis and treatment of his or her patient.
A proposed treatment plan from ClearAssist is NOT a complete diagnosis and is not a replacement for any portion of the diagnosis and treatment performed by a licensed dentist.
The effectiveness or utility of ClearAssist’s advice/proposed treatment plan will depend on the competence of the Purchaser’s examination and diagnosis of the particulars of each individual case, which examinations and diagnoses can only be carried out by the Purchaser and not by ClearAssist.
Results achieved or not achieved using or relying on all or any portion of ClearAssist’s advice/proposed treatment plan will depend on the professional competence of the Purchaser’s examination and diagnosis of the particulars of each individual case, which examinations and diagnoses can only be carried out by the Purchaser and not by ClearAssist.
Without limiting the generality of foregoing, results from any orthodontic treatment plan will vary, whether prepared by a licensed dentist alone or in consultation with ClearAssist. Licensed dentists must closely follow the progress throughout the full term of each treatment plan.
(b) ClearAssist DOES NOT WARRANT THE ACCURACY OF ANY PROPOSED TREATMENT PLAN PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS AND MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ITS CONSULTING SERVICES. ClearAssist SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SERVICES OF WHATSOEVER NATURE THAT ARE PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS.
4. The Purchaser, a licensed dentist, bears sole and exclusive responsibility for all diagnoses and treatments, including any treatments that form part of a treatment plan taken from or based on a proposed treatment plan provided by ClearAssist pursuant to these Terms and Conditions, as well as sole and exclusive responsibility for the results from such diagnoses, planning, and/or treatments.
5. No liability shall result from any delay in performance or non-performance, except delay in payment as provided for herein.
6. The provision of consulting services by ClearAssist pursuant to these Terms and Conditions is being provided specifically on the basis of representations made to ClearAssist that the Purchaser is a licensed dentist who is qualified to provide orthodontic services to patients in that he or she has the requisite knowledge or experience to utilize ClearAssist’s consulting services/proposed treatment plan properly in the course of developing a complete diagnosis and treatment plan.
7. This contract shall be construed and interpreted in accordance with the laws of British Columbia, Canada. Purchaser, no matter where he or she is domiciled or practices dentistry in Canada or the world, hereby submits to the exclusive jurisdiction of the courts in British Columbia, Canada to resolve any disputes arising out of the performance or non-performance of obligations undertaken pursuant to these Terms and Conditions.
8. ClearAssist has no affiliation with Align Technology, Inc. Although Align Technology, Inc. supports dentists obtaining guidance from third party services such as ClearAssist to achieve the best clinical outcomes for their patients. Align Technology, Inc. has not reviewed or endorsed individual services provided by ClearAssist. Invisalign® and ClinCheck®, among others, are registered trademarks of Align Technology, Inc. Other names, service marks and trademarks mentioned herein are service marks and/or trademarks of their respective owners, should be treated as such, and may be registered in various jurisdictions.
9. ClearForms Dentists who are ClearAssist subscribers, website members, or partners are free to use the ClearForms available on the ClearAssist website. All ClearForms remain the property of ClearAssist and may only be used by subscribers, website members, and partners with ClearAssist’s permission, which is hereby granted.
Amended ClearForms ClearAssist hereby consents to subscribers, website members, and partners editing, amending, or otherwise modifying any ClearForm as they see fit for use in their practices so long as they remove the copywrite claim (© Dr. Amin Shirvani. Used with permission) from any altered form.
ClearForms do not represent legal advice ClearAssist makes no claim, express or implied, with respect to the enforceability of any ClearForm, none of which have been tested in a court of law. ClearAssist makes no claim, express or implied, that any ClearForm affords protection against liability of whatsoever nature or in any way prohibits or limits a patient or patient’s representative from successfully prosecuting a lawsuit against a subscriber, website member, or partner. Subscribers, website members, and partners choosing to use ClearForms in their practice do so entirely at their own risk and hereby expressly understand and agree that ClearAssist is not liable to them, their patients, or any person claiming through them or their patients if a ClearForm fails to provide any protection it may purport to provide on its face. With respect to liabilities that may arise out of the conduct of their professional practices, whether or not ClearForms are used, ClearAssist strongly recommends that subscribers, website members, and partners obtain independent legal advice.
10. ClearClaim Calculator The ClearClaim insurance calculator provided as a service by ClearAssist to subscribers, website members, and partners is a quick reference tool only. ClearAssist offer no warranty, express or implied, and makes no representations of whatsoever nature with respect to the accuracy of the ClearClaim calculator. ClearAssist offers no warranty, express or implied, or any guarantee that the amount of an insurance claim determined by the ClearClaim calculator will be paid, in whole or in part, by an insurance company. Dentists who are subscribers, website members, or partners, and/or administrative staff members in their practices must contact their patients’ insurance companies directly for detailed information about patient’s dental plan coverage and any terms, conditions, or limitations or whatsoever nature of source that may affect the patients’ coverage with respect to the procedures being performed.
11. ClearConsent The ClearConsent form is a substantively unaltered replication the “Invisalign Informed Consent and Agreement” document. That document has been created by Align Technology Inc. and made freely available on its www.invisalgn.com website for use by dentists with the following instruction: Notice to treating office: This form is to be signed by your Invisalign® patients prior to treatment and kept for your records and should not be sent to Align Technology, Inc. ClearAssist has created visual and multimedia content to provide patients and patients’ representatives with a better understanding of the procedures and technical dental terms and phrases used in the “Invisalign Informed Consent and Agreement” document replicated on ClearAssist’s website.