Terms of Use

Last updated: April 8, 2026

The digital services that A‑dec, Inc. and affiliates and subsidiaries ‎(“A‑dec,” “we,” or “us”) ‎provides are subject to these A‑dec Terms of Use (the “Terms”), including our website, applications, software, and any other digital experiences we make available that link here (together, the “Services”). These Terms are entered into by and between A‑dec and the entity or person accessing, browsing, or using the Services. Capitalized terms shall have the meaning defined herein.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY SERVICES.

IF YOU LIVE OR WORK IN THE UNITED STATES, PLEASE READ SECTION 12, DISPUTE RESOLUTION – BINDING ARBITRATION & CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED AND OUR LEGAL RIGHTS.

IF YOU ARE USING ANY A‑DEC OFFERINGS AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF AN ORGANIZATION, CORPORATION, PARTNERSHIP, OR SIMILAR BUSINESS ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND SUCH ENTITY IN ORDER TO ACCEPT THE TERMS OF THIS AGREEMENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO DO SO.

The A‑dec Privacy Notice explains how we collect and use personal information. If you reside in the United States, your acceptance of these Terms constitutes your consent to all actions that we take with respect to your personal information, consistent with our Privacy Notice and applicable laws.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A QUALIFIED HEALTHCARE PRACTITIONER. A‑DEC AND THE SERVICES DO NOT GIVE MEDICAL OR DENTAL ADVICE OR PROVIDE HEALTHCARE OR DIAGNOSTIC SERVICES.

1. ACCEPTANCE & GENERAL TERMS

By accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not want to agree to these Terms do not use the Services.

From time to time, we may change these Terms in our sole discretion. Changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. You can always access the most current version of the Terms at the “Terms of Use” link we ‎‎provide in the Services, including at the bottom of our websites. When we update the Terms, we will ‎show the ‎date it was last updated at the top of this page.‎

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. We recommend you check this page when you access the Services so you can be aware of any changes.

These Terms are the sole and entire agreement between you and A‑dec regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. Other terms and conditions may apply to A‑dec products, programs, promotions, or events, in addition to or instead of these Terms, and where such other terms and conditions are in addition to these Terms, in case of any conflicts between these Terms and such other terms and conditions, such other terms and conditions will control in connection with the products, programs, promotions, or events to which they apply.

A‑dec may, in its sole discretion, terminate, or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms or other applicable terms and conditions. The provisions of these Terms will survive the termination of your A‑dec account or access to all or part of the Services.

2. CHANGES TO THE SERVICES

A‑dec reserves the right to take down or change the Services, and any service, feature, functionality, content, or information we provide on the Services, at any time. ‎From time to time, you may not have access to some parts of the Services or the entire Services. Information on the Services may not always be up to date. A‑dec will not have any liability for changes to the Services, the unavailability of the Services or any part of the Services, or for any out-of-date information on the Services. If you are ‎‎not satisfied with the Services following such changes, your sole remedy is to stop use of ‎those Services.‎

3. USE OF THE SERVICES AND CONTENT

3.1 Personal use. These Terms allow you to use the Services for your personal, non-commercial use only. You may not (and will not permit any third party to): (a) sell, rent, lease, license, distribute, provide access to, sublicense, or otherwise make available the Service to a third party; (b) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Service, except to the extent expressly permitted by applicable law (and then only upon advance written notice to A‑dec); or (c) remove or obscure any proprietary or other notices contained in the Service.

To use many of the Services, you’ll need an internet connection service. You might also need additional equipment, like a camera, or other hardware. You are responsible for providing and securing all connections, equipment, and hardware.

3.2 Compliance. Your use of the Services will comply with applicable laws, government regulations, and any other legal requirements.

3.3 Content on the Services. The Services and its entire contents, including but not limited to all trademarks, logos, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (together, the “Content”), are owned by A‑dec or its licensors, as applicable, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws, as applicable. The posting of Content on the Services by A‑dec is not a waiver of any proprietary right in such Content and does not transfer or license any rights in any of the foregoing to a user of the Services or any other third party, except as expressly provided herein.

You may download, print, or copy certain Content and other downloadable items displayed on the Services for your personal, private use only, provided that you keep all copyright and other notices contained in the Content and other downloadable items. Copying or storing Content for other purposes is expressly prohibited without prior written permission from A‑dec or the copyright holder found in the copyright notice contained in the Content.

Except as provided herein, none of the trademarks on the website may be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner. Certain touchpad symbols are proprietary to A‑dec. Any use of these symbols, in whole or in part, without the express written consent of A‑dec, is strictly prohibited. Except as expressly stated herein, you receive no rights to any proprietary information or intellectual property of A‑dec or its subsidiaries or affiliates by your use of this website or Content.

3.4 AI features. The Services may have features that use or otherwise integrate artificial intelligence (“AI”), including our Chatbot. You may provide input to such AI features (“Input”) and receive output from the AI features Chatbot based on the Input (“Output”). Your use of such features may, in some situations, result in Output that does not accurately reflect real people, places, or facts. When you use such AI features you expressly acknowledge and agree that:

• A‑dec and our ‎service providers may store and use your Input and Outputs for the purposes of providing and ‎improving the Services, enforcing the Terms and policies, and complying with applicable laws. Please see the A‑dec Privacy Notice for more information.
• Output may not always be accurate or complete. ‎ You may not rely on Output as a sole source of truth or factual information, or as a substitute for professional medical or dental advice. You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output.
• You may not use Output as the sole basis of any decision that produces legal or similarly significant effects concerning an individual.
• A‑dec makes no representations or warranties and provides no indemnities with respect to output ‎of such features. Your use of AI features is at your sole risk.
• Output is not a reflection of A‑dec's views or values. If Output references any third-party products or services, it does not mean (i) A‑dec endorses the product or service, or (ii) the third party endorses or is affiliated with A‑dec.

3.5 Software. Unless accompanied by a separate A‑dec license agreement, any software or applications provided by us to use as part of the Services or otherwise (“Software”) is subject to these Terms. If you comply with these Terms, we grant you a limited, non-exclusive, worldwide, revocable, and non-transferable license to use and install one copy of the Software for your private, personal, non-commercial use.

The Software is licensed, not sold, and A‑dec reservices all rights to the Software not expressly granted by A‑dec, whether by implication, estoppel, or otherwise.

If the Software that you access or use is downloaded from a mobile app platform or app store:

• Both you and A‑dec acknowledge that the Terms are concluded between you and A‑dec only, and not with the provider of the app platform or store. The provider of the app platform or store is not responsible for the Software or the Services or any related support, claims, or disputes.
• Any downloadable Software we provide is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services.
• You will only use the downloadable Software on a device you own.
• We acknowledge and agree that the provider of the app platform or store is a third-party beneficiary of these Terms, and that upon your acceptance of these Terms, such provider will have the right to enforce these Terms against you as the third-party beneficiary of the Terms.
• If necessary, the provider of the app platform or store grants you any rights needed to ordinarily use the Software.

3.6 Prohibited uses. You may not to use the Services, Content, or Software to:

• violate any applicable federal, state, local, or international law or regulation or infringe any patent, trademark, trade secret, ‎copyright, or other intellectual property or other rights of ours or any other person;
• attempt (or aid in anyone else's attempt) to circumvent, reverse engineer, decrypt, or ‎otherwise alter or interfere with the Services, Content, Software, or any features of the same, or ‎make any unauthorized use of the Services;
• disable, overburden, damage, or impair the Services, or interfere with, or restrict or inhibit, others use of the Services, including their ability to engage in real time activities through the Services;
• harm anyone or create liability for anyone, including A‑dec, our customers, and our users; or
• develop or test any model, algorithm, or generative ‎AI tool.

Further, you may not:

• use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the Content on the Services, or scrape, mine, or collect, by any means, Content, information, or data from the Services;
• use services, software, or any manual or automatic device, tool, or process designed to ‎circumvent any restriction, condition, or technological measure that controls access to the ‎Services in any way, including overriding any security feature, bypassing, or ‎circumventing any access controls, or use limits of the Services;
• use any manual process to monitor or copy any Content or material on the Services, or for any other purposes not expressly authorized in these Terms;
• use any device, software, or routine that interferes with the proper working of the Services or any transaction being conducted on the Services, or with any ‎other person’s use of the Services;
• introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Services;
• attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;
• attempt to gain unauthorized access to any part or feature of our Services, an A‑dec ‎account, or any other systems or networks connected to the Services by hacking, ‎password mining or spraying, or any other illegitimate means; or
• attack the Services via a denial-of-service attack, a distributed denial-of-service attack, or otherwise attempt to interfere with the proper working of the Services.

4. A-DEC ACCOUNTS

4.1 Accounts. To access some parts of the Services or use the Software, or to use A‑dec products or services provided to you by your organization, you may be asked to provide certain registration details or other information to create an account. You agree to provide correct, current, and complete information, and not create more than one account.

4.2 Account use. You agree and understand that you are responsible for maintaining the confidentiality of your account name and password. ‎Accordingly, you are responsible for any actions taken in connection with your account. You agree to (i) notify us immediately of any unauthorized access to or use of your account or any other breach of security and (ii) change your account password to prevent further misuse of your account. We may disable your account at any time, including if, in our opinion, you have violated any provision of these Terms.

5. THIRD PARTY LINKS

If the Services have links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites and resources linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such services.

6. COMMUNICATIONS

6.1 Notices and disclosures. You consent to receive communications from us electronically to the email address you provide. You agree that all notices, disclosures, and other communications related to the Services that we deliver to your email address will satisfy any legal requirement that such communications be in writing.

6.2 Promotional communications. You may opt in to receive digital promotional messages to an email address or mobile number you provide to us. When you opt into any of these types of communications, you understand you will receive, and consent to, marketing, transactional, and other messages from us or our affiliates which may be sent by our marketing services providers. Messages may be sent using automated technology, message frequency varies, and data rates may apply. Your consent or opt-in to promotional messages is not required to make any purchase or participate in our promotions. You may opt out of our promotional messages by hitting ‘unsubscribe’ on our promotional emails or replying "STOP" to any text message you receive from us. After you opt out of text messaging, we may send you one final message confirming your opt-out status. If you opt out and later wish to rejoin, you can do so by contacting our customer service team.

6.3 Customer Service Text Messaging. By providing your mobile number during a customer service interaction and requesting text messages, you expressly consent to receive text messages from us using automated technology. Your consent authorizes us to send messages related to customer service inquiries and responses. A purchase is not required to receive text messages. Message and data rates may apply, and message frequency varies based on your interactions with our customer service team and your account activity. Messages may include information about your account, orders, appointments, and responses to your inquiries. You may opt out of our text messaging at any time by replying "STOP" to any message you receive from us. After you opt out, we may send you one final message confirming your opt-out status. If you opt out and later wish to rejoin, you can do so by contacting our customer service team.

6.4 Feedback. Any feedback you volunteer or provide to A‑dec, including suggestions about the Services, Software, Content, our products, or any other offerings, will be deemed to be non-confidential and not proprietary. A‑dec will be free to use and redistribute such information on an unrestricted basis, without any compensation to you.

7. SOCIAL MEDIA

From time to time, we may engage with you on social media platforms. For example, we may reach out to you and ask for permission to use content you posted on social media platforms including photography, videos, captions, or related content. Unless we agree in writing to different terms, when you agree to allow us to use your social media content: (a) we will have the worldwide and perpetual right, without payment to you, but not the obligation, to publish your social media content on the Services, in our physical locations, on social media platforms, and on our partner or distributors digital or physical properties in any form; and (b) you represent and warrant that: (i) you have the right to grant us the right to use your social media content as set forth in these Terms and such use by us will not violate the rights of any third party; and (ii) any statements or testimonials that are included in your social media content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences.

8. WARRANTIES AND REPRESENTATIONS

8.1 By You. By using the Services you represent and warrant that: (a) all A‑dec account registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such registration information as necessary; (c) you have the legal capacity and you agree to comply with these Terms; (d) you are not under 16 years old; (e) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; and (f) you will not use the Services, Software, or Content for any illegal or unauthorized purpose, or in a manner that violates any person’s rights.

8.2 By A‑dec. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES, CONTENT, AND SOFTWARE, AND ANY FEATURES, FUNCTIONALITY, OR SERVICES ACCESSED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED‎, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ‎MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES, CONTENT, AND SOFTWARE ARE MADE AVAILABLE SOLELY FOR YOUR CONVENIENCE AND GENERAL INFORMATIONAL PURPOSES. NEITHER A‑DEC NOR ANY PERSON ASSOCIATED WITH A‑DEC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, CONTENT, OR SOFTWARE. WITHOUT LIMITING THE FOREGOING, NEITHER A‑DEC NOR ANYONE ASSOCIATED WITH A‑DEC REPRESENTS OR WARRANTS THAT THE SERVICES, CONTENT, OR SOFTWARE, OR ANY FEATURES, FUNCTIONALITY OR SERVICES ACCESSED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, CONTENTS, OR SOFTWARE OR ANY FEATURES, FUNCTIONALITY OR SERVICES ACCESSED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ANY RELIANCE YOU PLACE ON INFORMATION CONTAINED THEREIN IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE ON SUCH INFORMATION BY YOU OR ANY OTHER USER OF THE SERVICES OR SOFTWARE, OR BY ANYONE WHO MAY BE INFORMED OF ANY CONTENT. YOUR USE OF THE SERVICES, CONTENT, AND SOFTWARE, AND ANY FEATURES, FUNCTIONALITY OR SERVICES ACCESSED THROUGH THE SERVICES IS AT YOUR OWN RISK.

9. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL A‑DEC OR OUR AFFILIATES, OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OWNERS, DIRECTORS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR SOFTWARE, ANY SERVICES LINKED TO IT, OR ANY CONTENT ON THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless A‑dec, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns for, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms or your use of the Services.

11. GOVERNING LAW; VENUE; LIMITATION ON ACTIONS

If you live in the United States, all matters relating to the Services, Content, and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by laws of the state where you live or work and the laws of the United States, without giving effect to any choice or conflict of law provision or rule, except that the Federal Arbitration Act governs all provisions relating to arbitration. For all small claims court and any other controversy or claim for which arbitration as set forth in the Binding Arbitration and Class Action Waiver Section below is denied, the sole jurisdiction and venue for such litigation will be an appropriate court located in Multnomah County, Oregon. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Any cause of action or claim you may have relating to these Terms, the Services, or the Content must be commenced within one (1) year after the cause of action arises or is forever barred.

12. DISPUTE RESOLUTION – BINDING ARBITRATION & CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND A‑DEC TO AGREE TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. THIS SECTION 12 PRECLUDES YOU AND A‑DEC FROM SUING IN COURT, HAVING A TRIAL BY JURY, OR PARTICIPATING IN A CLASS ACTION, UNLESS OTHERWISE PROVIDED IN THESE TERMS. YOU AND A‑DEC AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. A‑DEC AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

FOLLOW THE INSTRUCTIONS BELOW IN SECTION 12.9 IF YOU WISH TO OPT OUT OF ARBITRATION ON AN INDIVIDUAL BASIS.

12.1 Claims Subject to this Section. If you live or work in the United States, this Section 12 applies to all Claims between you and A‑dec. A “Claim” is any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between you and A‑dec, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and, as permitted by law, for which either party wishes to seek legal recourse and that arises from or relates to the Services, Software, Content, AI, an A‑dec account, the use of your information by or for A‑dec, or Claims related to the validity, enforceability, or scope of these Terms or any portion of them.

12.2 Required Informal Dispute Resolution. Except as permitted under Section 12.3, if you have a Claim against A‑dec or if A‑dec has a Claim against you, you and A‑dec must first attempt to resolve the Claim informally before either party may bring the Claim in arbitration. You and A‑dec will make a good-faith effort to negotiate for 60 days the resolution of any Claim or for a longer period as mutually agreed in writing (email suffices) by you and A‑dec (“Informal Resolution Period”) from the day you or A‑dec receive a written notice of a Claim from the other party (a “Claimant Notice”) in accordance with this Section 12.2.

You will send any Claimant Notice to A‑dec by certified mail addressed to A‑dec, Attention: Legal Department, 2601 Crestview Dr., Newberg, OR 97132 or by email to legal@a-dec.com. A‑dec will send any Claimant Notice to you by certified mail or email using the contact information you have provided to A‑dec, including the email address associated with your A‑dec account. The Claimant Notice sent by either party must (i) include the sender's name, address, email address, telephone number, and any relevant account or purchase information; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief requested.

You or A‑dec cannot file a Claim in arbitration (or court in accordance with Section 12.4) before the end of the Informal Resolution Period. The statute of limitations and any filing-fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim.

12.3 Claims Subject to Binding Arbitration; Exceptions. Except for Claims (i) exclusively related to the intellectual-property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) of you or A‑dec (“IP Claims”), including any disputes in which you or A‑dec seek injunctive or other equitable relief for the alleged unlawful use or infringement of intellectual property or (ii) that are properly asserted in small-claims court (provided that the small-claims court does not permit class or similar representative actions or relief), all Claims, including Claims that are not related to intellectual property or intellectual-property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 12.2 will only be resolved through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the validity, enforceability, or scope of the arbitration provision or any portion of the arbitration provision.

12.4 Binding Individual Arbitration. Subject to the terms of this Section 12.4, a Claim not excluded under Section 12.3 may only be resolved by binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”). If you are a “Consumer,” meaning that you only use the Services for personal, family, or household purposes, the then-current version of the AAA's Consumer Arbitration Rules are the rules applicable to Claims between you and A‑dec as modified by this Section 12 (the “Rules”). If you are not a Consumer, the then-current version of the AAA's Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and A‑dec as modified by this Section 12.

This agreement to arbitrate affects interstate commerce, and the enforceability of these Terms will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms, and the applicable Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim in arbitration and to grant any remedy or relief that would be available in a court under law or in equity, including the power to determine all questions of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or A‑dec to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence). The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

You or A‑dec may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with the AAA in accordance with the Rules. Instructions for filing a demand for arbitration with the AAA are available on the AAA website or by calling the AAA at 800-778-7879. You will send a copy of any demand for arbitration to A‑dec by certified mail addressed to A‑dec, Attention: Legal Department, 2601 Crestview Dr., Newberg, OR 97132 or by email to legal@a-dec.com. A‑dec will send any demand for arbitration to you by certified mail or email using the contact information you have provided to A‑dec, including the email address associated with your A‑dec account.

12.5 Class Action Waiver. Any such arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this Section 12 shall be deemed void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims. Any such claims so released from arbitration must be resolved in accordance with Section 11.

12.6 Arbitration Fees. Except for Mass Arbitrations (as defined in Section 12.8), to the extent the initial-filing fee for the arbitration exceeds the initial-filing fee for a lawsuit, A‑dec will pay the difference in fees. Unless otherwise prohibited by law, you and A‑dec have 90 days from receipt of an arbitration-fee invoice to pay the invoiced arbitration fees.

12.7 Confidentiality. If you or A‑dec submits a Claim to arbitration, you and A‑dec agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade-secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and A‑dec agree to seek such protection before any such exchange.

12.8 Mass Arbitrations. If 20 or more Claimant Notices are received within 180 days of the first Claimant Notice by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Mass Arbitrations” and will be treated as mass arbitrations according to the AAA's Mass Arbitration Supplementary Rules, if and to the extent Mass Arbitrations are filed in arbitration as set forth in this Section 12.8. You or A‑dec may advise the other if you or A‑dec believe that Claims are Mass Arbitrations, and disputes over whether a Claim meets the definition of “Mass Arbitrations” will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable. The following procedures are intended to supplement the AAA's Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.

MASS ARBITRATIONS MAY ONLY BE FILED IN ARBITRATION AS PERMITTED BY THE PROCESS SET FORTH BELOW. APPLICABLE STATUTES OF LIMITATIONS WILL BE TOLLED FOR CLAIMS ASSERTED IN A MASS ARBITRATION FROM THE TIME A COMPLIANT CLAIMANT NOTICE HAS BEEN RECEIVED BY A PARTY UNTIL THIS SECTION 12.8 PERMITS SUCH MASS ARBITRATION TO BE FILED IN ARBITRATION OR COURT.

Initial Bellwether: The bellwether process set forth in this Section 12.8 will not proceed until counsel representing the Mass Arbitrations has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Mass Arbitrations have been submitted. After that point, counsel for the parties will select 10 individual arbitrations from the overall Mass Arbitrations to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 5 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Mass Arbitrations will be delayed by this bellwether process. Any remaining Mass Arbitrations shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 12.8.

A single arbitrator will preside over each Mass Arbitration chosen for a bellwether proceeding, and only one Mass Arbitration may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations with the mediator's fee paid by A‑dec. Counsel for the claimants and the other party must agree on a mediator within thirty (30) days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the AAA will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

If Mass Arbitrations released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the class sought may comprise only the claimants in Mass Arbitrations for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.

Courts will have authority to enforce the bellwether and mediation processes defined in this Section 12.8 and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

12.9 30-Day Right to Opt-Out. You have the right to opt out of this Section 12 by sending written notice of your decision to opt-out to the following address within 30 days of the Last Updated date or of first agreeing to these Terms to A‑dec, Attention: Legal Department, 2601 Crestview Dr., Newberg, OR 97132. Such notice must include the name of each person opting out and contact information for each such person. If you send timely written notice containing the required information, then this Section 12 will not apply to you or A‑dec. If you do not send such notice, you agree to be bound by this Section 12.

12.10 Enforcement. If any part of this Section 12 is held to be invalid or unenforceable, that part will no longer apply to the parties but all other parts of Section 12 will remain in effect unless otherwise provided in this Section 12. If A‑dec does not enforce any provision of this Section 12, that will not be considered a waiver of A‑dec's rights. Any waiver of this Section 12 or these Terms must be obtained in a written document signed by an authorized representative of A‑dec.

Except as otherwise provided in this Section 12, if a Claim does not proceed in arbitration, the class-action waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals in a single proceeding, except that you and A‑dec may participate in a class-wide, collective, and/or representative settlement of Claims.

13. MISCELLANEOUS

13.1 Severability. No waiver by A‑dec of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of A‑dec to assert a right or enforce a provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

13.2 Trade Controls. You must comply with all applicable trade laws, including sanctions and export control laws. The Services cannot be used in or for the benefit of, or exported or re-exported to (1) any U.S. embargoed country or territory; or (2) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. The Services cannot be used for any end use prohibited by applicable trade laws, and Submissions and Input cannot include material or information that requires a government license for release or export.

13.3 Notice to Healthcare Practitioners. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A QUALIFIED HEALTHCARE PRACTITIONER IN DIAGNOSING AND TREATING PATIENTS AND YOU WILL USE YOUR OWN PROFESSIONAL JUDGMENT IN RELATION TO THE FOREGOING. A‑DEC AND THE SERVICES DO NOT GIVE MEDICAL OR DENTAL ADVICE OR PROVIDE HEALTHCARE OR DIAGNOSTIC SERVICES. RELIANCE UPON THE SERVICES BY YOU OR ANY OF YOUR AUTHORIZED USERS IS SOLELY AT YOUR AND THEIR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT A‑DEC IS IN NO WAY RESPONSIBLE FOR THE USE OF MEDICAL, DENTAL, OR SIMILAR INFORMATION CONTAINED IN, ENTERED INTO, OR USED IN CONNECTION WITH THE SERVICE, AND YOU AND AUTHORIZED USERS, AS APPLICABLE, SHOULD VERIFY THE ACCURACY OF THE INFORMATION AND COMPLETENESS OF SUCH INFORMATION WHENEVER NECESSARY FOR PROVIDING HEALTHCARE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES BY YOU FOR ANY PURPOSE RELATED TO PATIENT CARE SHOULD BE UNDER THE SUPERVISION OF A QUALIFIED HEALTHCARE PRACTITIONER. AS BETWEEN A‑DEC AND YOU, YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR TREATMENT AND CARE OF PATIENTS.

13.4 Notice to Others. A‑dec does not provide medical, dental, or any other health care advice, diagnosis, or treatment. Always seek the advice of your physician, dentist, or other qualified healthcare provider with any questions you may have regarding a health condition. Never disregard professional medical or dental advice or delay in seeking it because of information you accessed on or through the Services.

13.5 No Third-party Beneficiaries. Except as expressly set forth in the section above regarding Software, you and A‑dec agree there are no third-party beneficiaries intended under these Terms.

14. CONTACT US

If you have any questions about the Terms, requests for technical support, or other inquiries related to the Services, Content, or Software, please contact us at: