Terms of Use

WEST COAST DENTAL AND MAGICLAND DENTAL WEBSITE TERMS OF USE

Last updated: May 27, 2026

West Coast Dental Services, Inc., together with its applicable affiliates, subsidiaries, dental practices, professional corporations, and related entities, as applicable (collectively, “West Coast Dental,” “Magicland Dental,” “Company,” “we,” “our,” or “us”), makes available the websites located at https://www.westcoastdental.com/ and https://www.magiclanddental.com/ and any related online content, features, forms, appointment-request tools, mobile-enabled pages, and other online services that link to or reference these Terms of Use (collectively, the “Site”). These Terms of Use, together with any policies or supplemental terms that expressly apply to the Site, are referred to as this “Agreement”. This Agreement governs only your access to and use of the Site and does not alter or replace any separate patient intake forms, consent-to-treatment forms, payment or financing terms, Notice of Privacy Practices, or other agreements or notices that may apply to dental services, clinical care, insurance, financing, or offline interactions with us.

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SITE, REQUESTING AN APPOINTMENT THROUGH THE SITE, SUBMITTING ANY INFORMATION TO THE SITE, OR MANIFESTING YOUR ASSENT IN ANY OTHER MANNER, YOU AGREE TO BE BOUND BY, AND SHALL BE SUBJECT TO, THIS AGREEMENT. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND LIMITATIONS PERIOD THAT AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SITE.

ELIGIBILITY AND COMMUNICATIONS
1. Eligibility. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE OUR SITE. BY ACCESSING OR USING OUR SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU ARE THE PARENT OR LEGAL GUARDIAN AND CONSENT TO YOUR MINOR CHILD’S ACCESS TO AND USE OF OUR SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF YOURSELF AND YOUR MINOR CHILD AND REPRESENT THAT YOU HAVE AUTHORITY TO DO SO.
2. Electronic Communications. If you submit a form, request an appointment, subscribe to updates, provide contact information, or otherwise communicate with us through or in connection with the Site, you consent to receive electronic communications from us, including administrative communications, appointment-related communications, service-related communications, and, where permitted by law and your consent or preferences, marketing communications. If you provide a telephone number, you agree that we may contact you at that number by call or text regarding your inquiries, appointments, services, and account or administrative matters. Message and data rates may apply. You may opt out of marketing communications as described in the communication or as otherwise required by law, but we may still send non-marketing communications. You agree that any notices, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including any requirement that such communications be in writing.
ACCESS AND USE OF OUR SITE
1. Access. Access to the Site is provided free of charge.
2. Appointment Requests and Online Forms. The Site may allow you to request appointments, submit questions or feedback, search for locations, or provide information related to potential dental services. Submitting information through the Site does not guarantee that an appointment has been scheduled, that a particular provider or service is available, that insurance or financing is available or accepted, or that any dental or other professional relationship has been created. You are responsible for confirming appointments and for providing truthful, accurate, current, and complete information. Do not submit information through the Site unless you are authorized to do so for yourself or for another person for whom you are a parent, legal guardian, personal representative, or otherwise legally authorized representative.
3. No Emergency Use. The Site is not intended for use in medical, dental, psychiatric, or other emergencies and should not be used to seek emergency diagnosis, treatment, or care. If you believe you or another person may have a medical or dental emergency, call 911, go to the nearest emergency department, contact an appropriate licensed healthcare professional, or contact the applicable dental office directly. We do not guarantee that any message or request submitted through the Site will be reviewed within any particular time.
4. Privacy and Health Information. Your submission of information through the Site is subject to our applicable Privacy Policy and, where applicable, our Notice of Privacy Practices. To the extent of a direct conflict between this Agreement and a privacy notice that applies by law to protected health information or other regulated personal information, the applicable privacy notice will control solely with respect to that regulated information.
5. Our Rights in and to Company Materials. The Site and any and all information, data, documents, materials, works, and other content provided or made available by us or on our behalf in connection with the Site, and any and all intellectual property rights in the foregoing (collectively, the “Company Materials”), shall at all times remain the exclusive property of Company and its third-party licensors. Any third-party software included in the Site is licensed subject to the additional terms of the applicable third-party license.
6. Grant of License. On the condition that you comply with all of your obligations under this Agreement and subject to additional terms of any third-party licenses applicable to our Site, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use our Site for your personal, non-commercial use. We reserve all rights not otherwise expressly granted by this Agreement. If you do not comply with this Agreement, we reserve the right to revoke any license granted in this Agreement and limit, suspend, or terminate your access to our Site. Any use of our Site that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement. You are not acquiring any rights in or to the Company Materials other than a non-exclusive right to access and use the Site solely in accordance with this Agreement.
7. Modification. We may discontinue or alter any aspect of our Site, restrict the time our Site is available, or restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. Your only remedy is to discontinue using our Site if you do not want a modification we make to our Site.
8. Removal of Access. Your access to our Site is provided on a temporary basis with no guarantee of future availability or continued right to access. You agree that we may immediately suspend or terminate your access to our Site or any part thereof if you breach or violate this Agreement, if we discontinue or materially modify the Site, if unexpected technical or security issues arise, or if you engage in fraudulent or illegal activities. You further agree that such measures may be taken in our sole discretion and without liability to you or any third party.
9. Defects and Availability. We use commercially reasonable efforts to maintain our Site, but we are not responsible for any defects or failures associated with our Site, any part thereof, or any damages, including lost income, lost opportunities, or any other consequential or indirect damages, that may result from any such defects or failures. Our Site may be inaccessible or inoperable for any reason, including equipment malfunctions, periodic maintenance procedures or repairs, or causes beyond our reasonable control or which we could not reasonably foresee. You understand that our Site is provided over the Internet, so the quality and availability of our Site may be affected by factors outside of our control. Our Site is not intended to be available 100% of the time and we do not make any representations, warranties, or guarantees regarding the reliability or availability of our Site. We do not represent, warrant, or guarantee that our Site will always be available or is completely free of human or technological errors. We will not be liable to you or any third party for damages or losses related to our Site being unavailable.
10. Restrictions. You may not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of our Site in any way; (2) copy, modify, adapt, alter, translate, create derivative works from, or otherwise exploit any portion of our Site or Company IP except as expressly permitted by this Agreement; (3) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of our Site, servers, or networks connected to our Site or take any other action that interferes with any other person’s use of our Site; (4) create Internet links to our Site, or “frame” or “mirror” our Site on any other server or wireless or Internet-based device, without our prior written consent; (5) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to our Site; (6) use our Site for unlawful, fraudulent, harmful, or abusive purposes; (7) use any bot, spider, scraper, crawler, or other automatic or manual device or process for the purpose of harvesting, scraping, indexing, data mining, compiling, or otherwise extracting information on our Site for any reason; (8) use any Company IP made available through our Site in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party; (9) introduce into our Site any virus, rogue program, Trojan horse, worm, or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to or disable, erase, or otherwise harm our Site; (10) delete, modify, hack, or attempt to change or alter our Site, Company IP, or notices on our Site; (11) connect to or access any Company computer system or network other than our Site; (12) impersonate any other person or entity to use or gain access to our Site; or (13) use the Site to submit information about another person without legal authority or consent.
11. Prosecution. We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
CONTENT ON OUR SITE
1. Company Intellectual Property. As between you and us, we exclusively own all right, title, and interest in and to Company Materials and, without limitation, all information, photos, videos, text, graphics, images, trademarks, service marks, logos, trade names, trade dress, and icons displayed or related therein or thereto, whether provided by us or third parties (collectively, “Company IP”). Except as expressly provided herein, you have no right, license, or authorization with respect to any of the Company IP. You shall not assert any claims to the contrary or otherwise do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any of the Company IP, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm our right, title, and interest in the Company IP. Company is not transferring or granting to you any right, title, or interest in or to, or granting you any license or other permissions in or to, any Company IP. The sole exception to the foregoing reservation of rights are the limited rights granted to you to use our Site, which shall automatically terminate upon expiration or termination of this Agreement. Any unauthorized use of any Company IP, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes. Trademarks owned by third parties are the property of those respective third parties. You understand and agree that our rights in any Company IP are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the Company IP.
2. Feedback. We welcome your comments, feedback, information, or materials regarding our Site (collectively, “Feedback”). Your Feedback will become our property upon your submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish, and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback. Do not submit Feedback that you consider confidential, proprietary, or otherwise sensitive.
3. Links; Third-Party Materials. Our Site may include links to other websites or resources on the Internet, use or integrate third-party tools, or display content, products, services, offers, reviews, information, insurance information, financing information, or other materials of third parties (collectively, “Third-Party Materials”). Because we have no control over Third-Party Materials or the administration of Third-Party Materials by the third parties that provide them, you acknowledge and agree that we are not responsible for the availability of such materials, and we do not endorse and are not responsible or liable for any content, advertising, products, services, financing, insurance information, or other materials on or available from such Third-Party Materials or for any privacy, security, accessibility, or other practices of the third parties operating those websites or providing such materials. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, or resulting from your use of or reliance on any such Third-Party Materials available on or through any such website or resource.
4. Patient Reviews and Testimonials. Any patient reviews, testimonials, ratings, or similar content displayed on or through the Site reflect the experiences and opinions of the persons providing them and do not constitute a guarantee, warranty, prediction, or assurance regarding any dental, orthodontic, specialty, cosmetic, financing, insurance, or other result or experience.
REPRESENTATIONS
1. Your Representations. You hereby represent and warrant that: (1) you are at least the age of 18 and have the power and authority to enter into and perform your obligations under this Agreement; (2) all information provided by you to us through the Site is truthful, accurate, current, and complete; (3) if you provide information about another person, including a minor child, you have all authority and consents required to do so; (4) you will comply with the terms and conditions of this Agreement; and (5) your access to and use of our Site or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use, or any law or regulation to which you are subject.
2. Feedback Representations. In the event you provide any Feedback via our Site, you hereby represent and warrant that: (1) you are the owner of such Feedback or otherwise have the right to grant us the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy, or publicity rights of any third party; and (4) all factual information contained in the Feedback is true and accurate.
DISCLAIMERS OF WARRANTY
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.
2. WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT OUR SITE, INCLUDING THE COMPANY MATERIALS, WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT APPOINTMENT REQUESTS OR OTHER SUBMISSIONS WILL BE RECEIVED OR REVIEWED WITHIN ANY PARTICULAR TIME, THAT THE INFORMATION OR CONTENT FOUND ON OUR SITE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF OUR SITE WILL BE CORRECTED, THAT OUR SITE AND ANY CONTENT OR INFORMATION FOUND ON OUR SITE WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS.
3. THE SITE AND COMPANY MATERIALS ARE PROVIDED FOR GENERAL INFORMATIONAL AND ADMINISTRATIVE PURPOSES ONLY AND DO NOT CONSTITUTE DENTAL, MEDICAL, HEALTHCARE, OR OTHER PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. USE OF THE SITE DOES NOT CREATE A DENTIST-PATIENT, DOCTOR-PATIENT, PROVIDER-PATIENT, OR OTHER PROFESSIONAL RELATIONSHIP. YOU SHOULD NOT DISREGARD, AVOID, OR DELAY OBTAINING PROFESSIONAL DENTAL OR MEDICAL ADVICE BECAUSE OF INFORMATION AVAILABLE ON OR THROUGH THE SITE. INSURANCE, FINANCING, PRICING, PROMOTIONAL, OR SERVICE INFORMATION DISPLAYED ON OR THROUGH THE SITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS SUBJECT TO CHANGE, ELIGIBILITY REQUIREMENTS, PLAN TERMS, CREDIT APPROVAL, PROVIDER AVAILABILITY, AND APPLICABLE LAW.
4. NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH OUR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY WARRANTY, GUARANTEE, CONDITION, RIGHT, OR REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WHERE SUCH RIGHTS APPLY, ALL DISCLAIMERS IN THIS AGREEMENT ARE SUBJECT TO THOSE RIGHTS.
INDEMNITY; LIMITATION OF LIABILITY
1. Indemnity. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, you agree to defend, indemnify, and hold harmless Company, its affiliates, subsidiaries, related entities, dental practices, professional corporations, officers, directors, members, managers, contractors, service providers, healthcare professionals, employees, representatives, and agents (collectively, “Released Parties”) from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorneys’ fees, costs, and expenses, arising out of or in any way connected with: (a) your use of our Site; (b) your violation of this Agreement; (c) any Feedback you provide through our Site; (d) your violation of any law or the rights of any third party; (e) any information you submit through the Site, including information about another person; and (f) your negligence or willful misconduct.
2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OTHER RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS OR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH OUR SITE, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR THE USE OF ANY OR ALL PARTS OF OUR SITE IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00 USD) OR, IF GREATER, THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW.
DISPUTE RESOLUTION; BINDING ARBITRATION
1. Read This Section Carefully. This Section 7 requires most disputes to be resolved through final and binding individual arbitration before National Arbitration and Mediation (“NAM”), rather than in court, and limits the manner in which you and we may seek relief from each other. This Section 7 also contains a class action waiver, representative action waiver, mass arbitration procedures, jury trial waiver, and limitations period. This Section 7 is intended to be interpreted broadly and to be enforceable to the fullest extent permitted by applicable law.
2. Informal Resolution Required. Before initiating arbitration or any permitted court proceeding, the party asserting a claim must first send a written notice of dispute describing the claim, the facts supporting the claim, the relief requested, and the claimant’s contact information. Notices to Company must be sent by email to WCDCustomerService@westcoastdental.com with the subject line “Notice of Dispute” and by mail to West Coast Dental Services, Inc., 6310 San Vicente Blvd., Ste. 320, Los Angeles, CA 90048, Attn: Legal Department. Notices to you may be sent to the email address, mailing address, or other contact information you provided. The parties will attempt in good faith to resolve the dispute informally for at least sixty (60) days after a complete notice is received. Any applicable limitations period will be tolled during this informal-resolution period.
3. Agreement to Arbitrate. Except for Excluded Claims, you and Company agree that any dispute, claim, or controversy arising out of or relating to your access to or use of the Site, Company IP, Company Materials, online appointment requests, information submitted through the Site, electronic communications related to the Site, this Agreement, or the breach, termination, enforcement, interpretation, formation, scope, or validity of this Agreement, including this Section 7 (each, a “Dispute”), shall be resolved by final and binding individual arbitration administered by NAM. “Excluded Claims” means: (a) individual claims that qualify for small claims court; (b) claims for temporary, preliminary, or other provisional injunctive or equitable relief to protect intellectual property, confidential information, data security, network security, or the integrity or availability of the Site, pending final resolution of the Dispute; and (c) claims that applicable law prohibits from being arbitrated. This Agreement does not require arbitration of clinical dental malpractice claims, professional-negligence claims, or disputes arising solely from dental treatment or patient care unless a separate valid arbitration agreement applies to those claims.
4. Opt-Out Right. You may opt out of the arbitration agreement in this Section 7 by sending written notice of your opt-out to WCDCustomerService@westcoastdental.com with the subject line “Arbitration Opt-Out” within thirty (30) days after you first become subject to this Agreement. Your opt-out notice must include your full name, mailing address, email address, and a clear statement that you wish to opt out of arbitration under these Terms of Use. If you opt out in accordance with this Section 7.4, you will not be required to arbitrate Disputes under this Agreement, but all other provisions of this Agreement will continue to apply.
5. NAM Forum and Rules. The arbitration shall be administered by NAM in accordance with NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect when the arbitration is initiated and, where applicable, NAM’s rules, fee schedules, Minimum Standards of Procedural Fairness for Consumer Arbitrations, and Supplemental Rules for Mass Arbitration Filings, all as modified by this Agreement and applicable law. NAM’s rules and forms are available from NAM upon request, through NAM’s website, or any successor NAM source. If NAM is unavailable, declines to administer the arbitration, or is unable to administer the arbitration consistent with this Agreement, the parties shall confer in good faith to select a substitute arbitration administrator. If the parties cannot agree, a court of competent jurisdiction shall appoint a substitute arbitration administrator under the Federal Arbitration Act, provided that no arbitration may proceed on a class, collective, consolidated, private attorney general, or representative basis except to the extent required by non-waivable law.
6. Arbitrator and Procedures. The arbitration will be heard by a single neutral arbitrator. The arbitrator may award any individual relief that would be available in a court of competent jurisdiction, including attorneys’ fees and costs if authorized by applicable law, but may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator shall issue a reasoned written award sufficient to permit judicial review to the extent available under the Federal Arbitration Act or other applicable law. Unless the parties agree otherwise or NAM rules or applicable law require otherwise, hearings may be conducted by video conference, telephone conference, written submissions, or in person in Los Angeles County, California or another location that is reasonably convenient for the consumer claimant.
7. Arbitration Fees and Costs. Payment of arbitration fees and costs will be governed by NAM’s applicable fee schedules and rules and by applicable law. For consumer Disputes, Company will pay arbitration fees and costs to the extent required by NAM’s consumer rules, minimum standards, or applicable law. Each party will bear its own attorneys’ fees and costs unless applicable law or the arbitrator’s award provides otherwise. The arbitrator may award sanctions, fees, or costs to the extent authorized by NAM rules or applicable law for claims or defenses that are frivolous, brought for an improper purpose, or asserted in bad faith.
8. Small Claims and Provisional Relief. Either party may bring an individual action in small claims court for Disputes within that court’s jurisdiction, including in the county where you reside or in Los Angeles County, California, as permitted by applicable small claims rules. Either party may also seek temporary, preliminary, or other provisional injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, data security, network security, or the integrity or availability of the Site pending final resolution of a Dispute. Seeking such relief does not waive the right to arbitration.
9. Delegation; Arbitrability. Except as expressly provided in Section 7.10 or where prohibited by non-waivable applicable law, the arbitrator shall have exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, formation, scope, or validity of this Agreement or this Section 7, including any claim that all or any part of this Section 7 is void or voidable. A court of competent jurisdiction, and not the arbitrator, shall decide disputes concerning the validity, enforceability, or effect of the class action waiver, representative action waiver, or mass arbitration procedures in Sections 7.10 and 7.11.
10. Individual Proceedings; Class and Representative Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE BASIS. YOU AND COMPANY EACH WAIVE ANY RIGHT TO HAVE A DISPUTE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED AS A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, REPRESENTATIVE ACTION, OR ANY OTHER PROCEEDING IN WHICH A PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. Unless all parties agree in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any class, collective, consolidated, private attorney general, or representative proceeding. This Section 7.10 does not prevent a claimant from seeking public injunctive relief to the extent addressed in Section 7.12.
11. Mass Arbitration Filings. If twenty-five (25) or more substantially similar arbitration demands are asserted against Company or related parties by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, organizations, or entities, or are otherwise determined by NAM to constitute a mass filing, then NAM’s Supplemental Rules for Mass Arbitration Filings shall apply to the maximum extent permitted by applicable law. The parties agree to cooperate in good faith with NAM and any Process Arbitrator or other NAM-appointed neutral to implement procedures designed to promote the efficient, fair, and cost-effective resolution of such demands, including bellwether proceedings, batching, staged filings, tolling, administrative conferences, and the application of NAM’s mass filing fee structure. No merits hearing shall proceed in any mass arbitration filing unless the applicable informal-resolution procedures in Section 7.2 and NAM’s mass arbitration procedures have been completed or the parties agree otherwise.
12. Public Injunctive Relief. If, after exhaustion of any required appeals, a court of competent jurisdiction determines that applicable law prohibits arbitration of a claim for public injunctive relief, then that claim and only that claim may be severed from arbitration and heard in court. Any court proceeding for public injunctive relief shall be stayed pending final resolution of all arbitrable claims and issues, unless a court determines that a stay is not permitted by applicable law. Nothing in this Agreement shall be construed to waive any non-waivable right to seek public injunctive relief under California law.
13. Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE, INCLUDING ANY DISPUTE THAT IS NOT SUBJECT TO ARBITRATION.
14. Forum for Non-Arbitrable Claims. Except for Disputes that qualify for small claims court or must be brought in another forum as a matter of non-waivable law, any Dispute that is not subject to arbitration shall be brought exclusively in the state or federal courts located in Los Angeles County, California. You and Company irrevocably submit and consent to the personal jurisdiction of such courts and waive any objection to such courts based on venue, inconvenience, or lack of personal jurisdiction.
15. Limitations Period. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU MUST COMMENCE ANY DISPUTE WITHIN ONE (1) YEAR AFTER THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO THE DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY DISPUTE BASED ON SUCH EVENT OR FACTS. IF APPLICABLE LAW REQUIRES A LONGER NON-WAIVABLE LIMITATIONS PERIOD, THAT LONGER PERIOD WILL APPLY ONLY TO THE EXTENT REQUIRED BY SUCH LAW.
16. Severability. If any portion of this Section 7 is found to be invalid or unenforceable by a tribunal of competent jurisdiction, that portion shall be severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. Notwithstanding the foregoing, if the class action waiver or representative action waiver in Section 7.10 is found to be invalid or unenforceable with respect to a particular claim or request for relief, then that claim or request for relief may proceed in court, but only if and to the extent required by applicable law, and all other arbitrable claims and requests for relief shall remain subject to arbitration.
17. Governing Law. This Agreement and any Dispute will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of California, without reference to its conflicts or choice of law principles. Notwithstanding the foregoing, the Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of the arbitration agreement in this Section 7 to the fullest extent permitted by law.
MISCELLANEOUS
1. Consumer Rights; Applicable Law. Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, statutory warranty, privacy right, health-information right, or other right or remedy that cannot be excluded, restricted, or modified under applicable law. To the extent any such non-waivable rights apply, this Agreement will be interpreted and enforced subject to those rights.
2. Term. This Agreement is effective upon your acceptance and will continue in full force until terminated by you or us. You may terminate this Agreement at any time by immediately discontinuing all access to our Site. Termination or cancellation of this Agreement will not affect any right or relief to which we may be entitled at law or in equity. We reserve the right to terminate this Agreement at any time and for any reason without prior notice to you.
3. Equitable Relief. You agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. Subject to Section 7, you agree that we have the right to enforce the provisions of this Agreement by injunction, without necessity of posting bond, specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.
4. Entire Agreement; Changes. This Agreement and any hyperlinked policies, procedures, and any supplemental terms that expressly apply constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements, both oral and written, with respect to the subject matter hereof. We may revise and update this Agreement from time to time and will post the updated Agreement to our Site. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT, ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Material changes to Section 7 will not apply to any Dispute for which the parties had actual notice before the change was posted unless the parties agree otherwise. Your continued use of our Site will constitute your agreement to any new provisions within the revised Agreement.
5. Waiver; Severability. Our failure to enforce any provisions of this Agreement will not be deemed to be a waiver of our right to enforce them. Except as otherwise provided in Section 7, if any term or provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement.
6. Assignment. You may not assign, transfer, or sell, voluntarily or by operation of law, your rights or obligations under this Agreement, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of this Agreement. We may assign this Agreement or delegate or subcontract our obligations under this Agreement at any time.
7. Survival. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, arbitration, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this Agreement, will survive the expiration or termination of this Agreement to the fullest extent permitted by applicable law.
8. Contact Us. Questions about this Agreement may be sent by email to WCDCustomerService@westcoastdental.com, by phone at +1-833-451-1298, or by mail to West Coast Dental Services, Inc., 6310 San Vicente Blvd., Ste. 320, Los Angeles, CA 90048.

WEST COAST DENTAL AND MAGICLAND DENTAL WEBSITE TERMS OF USE

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