Fusion Dental Implants - Terms of Use

Section 1 - Acceptance, Hierarchy, and Scope

1.1 Binding Agreement

Use of the website or services constitutes legally binding assent under the E-SIGN Act.

1.2 Contract Hierarchy

• (a) Signed clinical treatment consent forms control clinical care
• (b) Schedule A Treatment Warranty controls prosthetic warranty disputes only
• (c) These Terms control all other disputes

1.3 Non-Reliance

You acknowledge you are not relying on advertisements, marketing statements, verbal statements, social media content, or representations not written in a signed treatment agreement.

Section 2 - Medical & Informational Disclaimers

2.1 Website Content

Educational only. Not diagnosis or medical advice.

2.2 No Provider Relationship

No provider-patient relationship exists until in-person clinical examination and acceptance of a treatment plan.

2.3 No Outcome Guarantee

Biological procedures are inherently uncertain. No durability, aesthetic, comfort, or longevity guarantee exists unless explicitly written in Schedule A.

Section 3 - Estimates, Pricing, and Financing

• 3.1 All quotes are estimates until treatment planning is finalized.
• 3.2 Pricing may change due to anatomy, complications, or patient conditions.
• 3.3 Financing approval is third-party and not guaranteed.
• 3.4 Deposits may be non-refundable once lab or surgical preparation begins.

Section 4 - User Conduct

You may not violate law, reverse engineer systems, scrape, impersonate, harass staff, record staff without consent where prohibited, or interfere with operations. Access may be terminated without notice.

Section 5 - Third-Party Services

Calendars, payment processors, lenders, messaging providers, and analytics platforms operate independently. We are not responsible for their acts, outages, or security incidents.

California Civil Code §1542 Waiver

California Civil Code §1542 waiver applies to third-party interactions. You waive the provisions of §1542, which states:

Section 6 - Communication Consent

You consent to phone, email, and SMS communications including operational and marketing messages. Consent is not required for treatment. STOP revokes marketing messages but not legally required operational messages. SMS is unencrypted and not suitable for medical information.

• Text STOP to end marketing messages.
• Text HELP for help.
• Message and data rates may apply.

Section 7 - Website Availability and Security

The website is provided AS-IS and AS-AVAILABLE. No uptime, accuracy, or security guarantee. You assume all risk of device or data damage.

Section 8 - Limitation of Liability

To the maximum extent allowed by law:

• (a) No liability for indirect, incidental, punitive, or consequential damages
• (b) No liability for medical complications, biological failure, or patient dissatisfaction
• (c) Aggregate liability limited to amounts paid in the prior 12 months or the prosthetic amount in Schedule A if applicable

Section 9 - Indemnification

You agree to defend and indemnify Fusion Dental Implants against claims arising from misuse, inaccurate medical history, non-compliance, or third-party reliance on your statements.

Section 10 - Force Majeure

We are not liable for delay or failure caused by laboratory delays, supply chain issues, illness, natural disaster, government action, or events beyond control.

Section 11 - Dispute Resolution

11.1 Mandatory Arbitration

All disputes must be resolved by binding AAA arbitration in Placer County, California.

11.2 Class Action Waiver

Claims must be brought individually.

11.3 Jury Trial Waiver

You waive jury trial rights.

11.4 One-Year Limitation Period

Any claim must be filed within one year of the event or is permanently barred.

11.5 Attorneys' Fees

Prevailing party entitled to fees where permitted by law.

Section 12 - Governing Law

California law exclusively governs regardless of residence.

Section 13 - Severability and Survival

If any clause is invalid, the rest remains enforceable. Liability, arbitration, and warranty provisions survive termination.

Section 14 - Contact

Schedule A - Treatment Warranty Addendum

(Zirconia Full-Arch Prosthetics)

A1 - Scope

Covers zirconia full-arch prosthetic structure only. Excludes implants, screws, bone, tissue, surgery, anesthesia, and medical complications.

A2 - Lifetime Definition

Valid only for the original patient while continuous compliance requirements are met.

A3 - Eligibility

• A3.1 Design Authority - All design decisions controlled exclusively by Fusion. Patient deviation voids warranty.
• A3.2 Mandatory Maintenance - Cleaning every 6 months within 30-day grace period at Fusion or approved provider.

A4 - Exclusions

Bruxism, trauma, hygiene failure, smoking, drug misuse, systemic disease, unauthorized dental work, excessive force, or non-compliance void warranty.

A5 - Determination Authority

Fusion has sole discretion to approve or deny claims. Determination final.

A6 - Remedy

Repair or replace prosthetic only. No coverage for surgery, temporaries, travel, wages, or diagnostics. Replacement does not restart warranty.

A7 - Liability Cap

Maximum liability limited to amount paid for the prosthetic.

A8 - Modification Protection

Future policy changes do not retroactively affect compliant warranties.

A9 - Acceptance

Proceeding with treatment constitutes acceptance.