Effective January 1st, 2022

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Introduction

By placing an order with Myoaligner®, you agree to be bound by this Agreement and accept its terms and conditions. This agreement is between you (the prescribing provider) and Myohealth Technologies, LLC, (dba Myoaligner®), a dental technology company with its principal place of business at 13765 NW Cornell Rd, Suite 150, Portland, OR 97229. (“You”/ “prescribing provider”/ “provider”) and (“Myoaligner®”/Myohealth Technologies”/”us”/”we”) may each be referred to herein as a “Party” or collectively as the “Parties”.

 

Orders

Myoaligner® manufactures custom dental devices (“appliances”) for licensed dental providers, based on the treating provider’s prescription and specifications. You can only prescribe appliances on your HIPAA secure “Provider Portal” which can be accessed by clicking the “Myolab” link on www.myoaligner.com or www.myoalingeracademy.com

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Myoaligner® does not accept orders by phone, printed or handwritten prescriptions. All new orders and request for remakes need to be submitted digitally via your secure “Provider Portal” in Myolab for efficient documentation, messaging between the provider and Myoaligner®, shipping tracking information and other useful documentation related to your case. 

 

Treatment Setups

Your order is considered incomplete until Myoaligner® receives the Rx as well as the physical or digital models (attached to your Digital Rx).  Once all records are received, your case will be digitally articulated and reviewed by a Myoaligner representative to approve the quality of records and confirm the design request. Before manufacturing starts, you will receive an important email from Myoaligner® that you need to reply to promptly. This email notifies you of the invoice due prior to manufacturing, as well as acceptance, rejection or suggestions on modifications of your requested design.

 

Payment

Myoaligner® Manufacturing starts only after a Full Payment is applied to the invoice attached to each case in your “Provider Portal”.  An “order” is considered to be placed when Full payment has been submitted and the case is approved for manufacturing by Myoaligner®.  In order to avoid delays in delivery of your case, please respond to the design approval email from Myoaligner® ASAP and finalize payment in your Provider portal to initiate manufacturing. Processing payment is with the understanding that you are subject to all applicable taxes, tariffs, and associated shipping costs.

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Pricing

You can view the standard pricing for your region in your “Provider Portal” on the digital Rx(prescription) form. Products and prices are subject to change. Myoaligner® reserves the right to offer alternative products and pricing to individuals or groups at our sole discretion. Myoaligner® is not responsible for any taxes or fees that third parties may charge you, including foreign transaction fees. Myoaligner® is entitled to charge late fees up to 1.5% of invoice total per month if the initial due date is missed.

 

Restrictions

We reserve the right to terminate our relationship with you if you fail to comply with the terms and conditions of this Agreement or if you abuse these policies. 

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Cancellation and Refunds

All sales are final. If an order is cancelled for any reason, we will not credit or refund any portion of the fees paid for that order.

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In addition to any required patient, provider, and treatment information, the following records must be provided to Myoaligner® in a timely manner:
 

• Digital RX (Prescription) submitted via “Provider Portal” on www.myoaligner.com .
   

  • For physical records (Stone Models), a printed copy of the Digital RX needs to be included in the box containing the physical models.
     

• Full Upper and Lower dental arch records
   

  • Digital STL files need to be uploaded to the Digital RX in your “Provider Portal”

  • Stone models of both U/L dental arches can be mailed, but will be charged a digital scanning fee. (if you have a dental scanner, please scan your models/bite registration and submit STL files to expedite manufacturing)

  • All Impressions will be rejected.
     

• Bite registration
   

  • Digital STL files of bite registrations need to be uploaded to Digital Rx

  • Physical Bite registration(need to be trimmed and fully seated on the stone models),

  • Bite registrations indicate the specific position at which you would like your appliance to be fabricated to. Myoaligner® team will make their best efforts to articulate, design and fabricate to the precise bite registration that is provided by you. As the prescribing provider, you accept full liability for the outcome of the treatment and fully release Myoaligner®. If a change in bite position is requested by provided, you need to provide Myoaligner® with a new digital or physical bite registration. Myoaligner® reserves the right to charge for re-design and re-fabrication when provider changes the bite alignment the for a re-make. Maximum allowed modification to digital articulation by Myoaligner® is one millimeter on the vertical dimension only. Any bite modification voids the warranty, making the prescribing provider responsible for any cost incurred during re-design and re-made.
    
    Shade:
     

  • Appropriate shade selection for the appliance is the responsibility of the provider. Myoaligner® does not guarantee exact shade match as it could change based on the thickness of the appliance and other factors.

  • Please convert all shades to universal chromoscope shade guide before submission (i.e. A1, B1, C1, D1)
     

You as the prescribing provider are solely and entirely responsible for the accuracy of the records you provide. Distorted or incomplete scans may be rejected as it would negatively impact the fit of the appliances. Myoaligner® will not be liable for any issues caused by inaccurate records. All submitted materials become the property of Myoaligner® and may not be returned in the original shape. 

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Shipment, due dates, and Delivery

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After a digital Rx is placed, records have been approved by Myoaligner® and payment has been finalized, the process of fabrication starts which takes 2 weeks in Myolab.  The appliance will be shipped to the address on file after full payment has been received. Our target dates are estimates only and we make our best efforts to meet them. We shall not be liable for any damages, losses or expenses that you incur if we fail to meet targeted delivery dates. Under this Agreement the risk of loss or damage during shipment pass from us to you when we ship the appliance.

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Your Representations

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You represent and warrant to us that:

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      (i) You are licensed to practice dentistry in the location where, and at all times during which, treatment is being provided.

      (ii) You have all necessary training and expertise to treat patients using our products.

      (iii) Your use of our products will be in accordance with all applicable medical and dental standards and in compliance with our product specifications.

       (iv) You have properly explained our products to your patients before starting treatment.

       (v) You have obtained an executed Patient Informed Consent Form provided by Myoaligner® from each patient you treat using our   products.

      (vi) You agree to attach a copy of the executed Patient Waiver Form to your digital RX upon treatment setup.

      (vii) You have provided your patient with a copy of Patient Wear Instructions provided by Myoaligner®

      (viii) You fully understand and affirm that you are fully responsible for all patient treatment.

      (ix) You fully understand and affirm that you are financially responsible for all costs of the appliance once you place the order

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Warranties and Disclaimer

Myoaligner® is a dental Technology company and does not practice dentistry or give medical or dental advice. You as the prescribing provider are solely responsible for prescribing and administering dental treatment. Appliance therapy is unpredictable. Myoaligner® does not guarantee a successful treatment outcome. Individual results may vary.

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We warrant that our products shall conform to the specifications represented in the treatment setup; and are free from defects in material and workmanship.

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Myoaligner® shall not be liable for:   

     

      (i) Any defects that are caused by neglect, misuse, or mistreatment of its products by you, by the patient, or any third party;
     (ii) Any products that have been altered or modified in any way by an individual or entity other than us;
     (iii) Any products being used in combination with other third-party products; or
     (iiii) Any defects that result from errors in your submitted records or prescription.

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The limited warranty for each appliance is determined by the material it is fabricated from. The limited warranty of each appliance expires as follows: Acetal: 90 days; PMMA 30 days after the patient is scheduled to start wearing it, based on the delivery date and expected wear schedule. Delays to a patient’s wear schedule after products are shipped do not extend the warranty period. If any Myoaligner® product fails to conform to the warranty set forth above, our sole liability, at our option, shall be to:

 

      (i) Replace such product.

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You may be required to return such product in order to receive a replacement or credit. If we elect to replace such product, we shall have a reasonable time to provide replacements. Replaced products shall be covered under the limited warranty period described above. Appliances fated by Myoaligner® are intended to be used for short term basis not to exceed 90 days. Myoaligner® recommends that appliances not to be worn for more than 90 days of continuous wear. Except as set forth above, we hereby expressly disclaim any and all warranties, express or implied, including any warranty of merchantability, or fitness for any specific purpose.

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Data Privacy

The account information you provide through our doctor’s portal (including doctor or usernames, specialties, degrees, training level, experience level, practice names, practice addresses, billing addresses, websites, contact information, payment methods and preferences, treatment methods and preferences and any other user information) is used to provide the products and services outlined herein. Your name and practice information may be shared in a publicly accessible provider directory on our website but can be removed upon request. Your account information is stored securely and used by Myoaligner® and contracted affiliates to provide the products and services outlined herein. Some of your account information may be used for quality, regulatory, analytics, and other related business purposes. Account information is never sold or shared with third parties for marketing purposes. Patient records are securely stored in an encrypted format in accordance with all applicable law governing the privacy and security of patient information. Myoaligner® may utilize nonidentifying account and patient information including patient records, general demographic information, aggregate data and derivatives thereof for training, quality control, quality audits, process monitoring, research and development, product improvement, product development and regulatory compliance purposes and other business reasons. Myoaligner® may utilize anonymized patient records for research, training and quality purposes. Myoaligner® will never use identifying patient records for other than treatment or payment purposes without the express permission of the individual, in accordance with all applicable law governing the privacy and security of patient information. Additionally, patients have the option to register their name and email address through our website to receive occasional patient tips, offers, notifications and other emails or marketing purposes, and they may separately choose to sign up for this option. This information is separate from and not related to provider account or patient record information and is never sold or shared with third parties for any marketing purposes without the permission of the individual. For more information refer to our Privacy Policy or click HERE for a copy.

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Limitations of Liability

You expressly unconditionally agree that Myoaligner® will never be liable for any consequential, incidental, indirect, exemplary, punitive or special damages in connection with or arising out of this Agreement or the use of the products provided hereunder, however caused, and under any theory of liability whether in negligence, breach of warranty, strict liability, contract, tort, indemnity or any other cause or theory what so ever in no event shall our aggregate monetary liability for damages of any kind arising out of or in connection with this Agreement, or any use of any product provided hereunder, exceed the total amount paid to us by you for the particular products sold under the Agreement for which losses or damages are claimed. The existence of more than one claim against the particular products sold to you under this Agreement, or the existence of more than one agreement with you or the sales of additional products to you shall not enlarge or extend this limit.

 

Disclaimer: Any suggestions in presentations performed by the Client Success Department are for teaching/research information purposes only. Discuss risks, benefits and alternatives with your patient. Any clinical decision/management remains the sole responsibility of the ordering, treating and referring provider.

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Indemnification

You agree to indemnify, defend and hold harmless Myoaligner® and/or its officers, agents, employees, contractors, successors and assigns from and against any and all liability, obligations, losses, claims, actions, damages, penalties, fines, demands or suits and all related costs, attorney’s fees and expenses of any kind and nature whatsoever arising under any theory of legal liability (a ”Claim”) that may be asserted against us arising out of, or resulting from, or relating to: (i) this Agreement or use of products sold under this Agreement; (ii) any breach of or failure of you to abide by any term of this Agreement; (iii) any breach or alleged breach of any representations or warranties made by you in this Agreement or any incorrect information provided by you or your patient; or (iv) our provision of or failure to provide products to you, unless the provision of or failure to provide such products was due to our willful misconduct or gross negligence. Your obligation to defend us against any Claim is separate and distinct from the obligation of indemnity set forth in this Agreement. You have the right and obligation to assume the defense of any Claim with counsel chosen by you and reasonably acceptable to Myoaligner® provided that counsel to Myoaligner® may participate in the defense of the Claim with counsel for you, at our expense. You will not have the right to assume the defense of a Claim made against both Myoaligner® and you if counsel for Myoaligner® advises in writing that a conflict in interest between Myoaligner® and you would under applicable ethical principles preclude a single counsel or firm from defending both Parties.

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Relationship of Parties

The Parties intend by this Agreement that you are and at all times shall be an independent party and not the agent or employee of Myoaligner®. Neither this Agreement nor any contract with Myoaligner® nor any course of dealing or practice shall be interpreted as creating, or shall be deemed to create, any employer-employee, principal-agent, partnership, joint venture or other relationship between you and Myoaligner®.

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Assignment

This agreement shall not be assigned by either Party hereto without the prior written consent or the other Party.

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Successors and Assigns

This Agreement shall be binding upon and shall inure solely to the benefit of the Parties hereto and their respective successors and shall not be for the benefit of any other person, persons, or legal entities. This Agreement is the entire agreement of the Parties and supersede any and all prior negotiations, correspondence, understandings and agreements between the Parties respecting the subject matter hereof, unless otherwise specified in writing by an authorized representative of Myoaligner® This Agreement can only be modified by an authorized representative of Myoaligner®.

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Severability

If any provision of this Agreement is or shall be deemed a violation of any applicable law, rule or regulation, such legal invalidity shall not void this Agreement or affect the remaining terms and provision of this Agreement and this Agreement shall be construed and interpreted to comply with all laws, rules or regulations.

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Force Majeure

We cannot be in default or breach by reason of any failure of its performance under this Agreement if such failure results, whether directly or indirectly, from fire, explosion, strike, freight embargo, act of God, or of war, civil disturbance, act of any government, de jure or de facto, or any agency or official thereof, labor shortage, transportation contingencies, severe weather, default of manufacturer or supplier, quarantine or restriction, epidemic or catastrophe, lack of timely instructions or essential information from you or any third party, or other conditions beyond our control.

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Notices

All notices, demands, requests, approvals and other communications given or made pursuant hereto shall be in writing and shall be deemed to have been given or made as of the date delivered or mailed if delivered personally or mailed by certified mail (postage prepaid, return receipt requested), or on the date transmitted if transmitted by facsimile or electronic mail, to you at the address you provide.

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Waiver

The failure of either Party at any time or times to require performance of any provision hereof shall in no manner affect the right to enforce the same. No waiver by either Party of any condition, or of the breach of any term, provision, covenant or warranty contained in this Agreement, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of the breach of any other term, provision, covenant or warranty.

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Governing Law

This Agreement shall be construed and governed under and by the laws of the State of Oregon, USA. The Parties agree that the exclusive venue for any legal action authorized hereunder shall be in Washington County, Oregon.

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Please forward or send any concerns, inquiries or information requests to:

support@myoaligner.com.
Myohealth Technologies LLC,    13765 NW Cornell Rd, Suite 150, Portland, OR 97229 USA     www.myoaligner.com      (763) 363-3336