Oral Screening Agreement
Oral Wellness Screening Agreement
Last Modified: 12/14/2020
Please read this Oral Wellness Screening Agreement carefully before purchasing an Oral Wellness Screening test kit from the OralGenome.com website (the “Website”) operated by Oral Genome LLC, a California limited liability company (“Oral Genome,” “we,” “us,” or “our”).
At checkout, when you click the box, I agree to the terms and conditions, you are entering into this binding agreement with Oral Genome, and you are agreeing to the terms and conditions set forth in the Website’s https://oralgenome.com/privacy-policy/ and https://oralgenome.com/terms-of-service/ each of which are incorporated by reference.
Oral Wellness Screening Kits. Oral Genome sells Direct-to-Consumer dental salivary laboratory test kits for at-home testing and oral screening which can be purchased online through our Website. Upon purchase, we will ship the kit to you with instructions for collecting and returning your saliva specimen. After the saliva specimen is tested, the confidential results are made available to you electronically with a multi-point analysis of your oral health, including:
- Tooth Health
- Gum Health
- Oral Cleanliness
The purpose of dental salivary testing is to provide general information concerning your oral wellness at the time your saliva specimen is collected based on certain factors that contribute to your risk of cavities and gum disease. The test is intended to be used as an oral wellness assessment tool and the results are intended for informational purposes only and are not meant for clinical diagnosis of dental or medical conditions or for clinical use. Salivary factors may change throughout the day and the instructions you’ll receive with your kit will instruct you to collect the saliva specimen at a certain time of day to get the most accurate and baseline results.
No Substitute for Visits to your Dentist or Health Care Provider. Oral Genome is not a dental or health advisor, and we do not provide dental, medical, health, or other professional advice. The general oral wellness information we provide is never a substitute for professional dental or medical advice, or for regular visits to your dentist or other professional health care provider. You should always seek the advice of your dentist, physician, or other licensed health care provider with any questions you may have regarding your health.
Dental Salivary Testing. Our dental salivary testing identifies patient-specific risk of developing caries and periodontal disease using the following salivary factors:
- Cavity-Causing Bacteria – Studies have shown that higher cavity-causing bacteria count makes the teeth more vulnerable to cavities.
- Acidity – Studies have shown that higher salivary acidity makes the teeth more vulnerable to cavities.
- Resistance to Acid – Studies have shown that lower resistance to acid makes the teeth more vulnerable to cavities.
- Inflammatory Factor 1- Red Blood Cells – Studies have shown that gingival inflammation, oral damage and oral mucosal ulcer increase red blood cells in saliva.
- Inflammatory Factor 2- White Blood Cells –Studies have shown that gingival inflammation increases white blood cells in saliva.
- Protein – Studies have shown that higher periodontal disease-causing bacteria count, and gingival inflammation increase protein in saliva.
- Bacterial Byproduct – Studies have shown that higher bacteria count in the oral cavity increases the bacterial byproduct, ammonia in saliva, causing bad breath, etc.
Our dental salivary test is a Laboratory Developed Test using a proprietary saliva test kit. Your saliva specimen is received and testing by licensed personnel at Symbiotica, Inc., 1350 Burton Drive, Suite 210, Vacaville, California 95687, CLIA # 05D2181231. Symbiotica, Inc. is a certified laboratory under the Clinical Laboratory Improvement Amendments (“CLIA”). Symbiotica, Inc. developed the test and determined its performance characteristics in a manner consistent with CLIA requirements. The test has not been cleared or approved by the U.S. Food and Drug Administration.
Pricing. The prices for our dental salivary tests are listed at the Website. You agree to pay for the dental salivary test(s) at the time of checkout. All orders and payments are processed through our Website.
Cancellation/Refund Policy. Once a test kit is shipped, it cannot be cancelled, and no refunds will be allowed on orders that are shipped. If you decide to cancel your request and the test kit has not yet shipped, we will cancel your order and issue a refund. You may email us at email@example.com to make a cancellation request or for other assistance with your order. Oral Genome implements several safeguards to ensure the efficacy of our testing kits. However, if your sample fails analysis, we will send you a replacement kit.
Disclaimer of Warranties. ORAL GENOME’S SERVICES ARE PROVIDED “AS IS.” THE REPRESENTATIONS AND WARRANTIES PROVIDED IN THIS AGREEMENT ARE OUR COMPLETE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND GUARANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEAL, OR TRADE USAGE. WE MAKE NO PROMISE OR GUARANTY ABOUT THE IMPACT THE SERVICES WILL HAVE ON YOU OR THAT THEY WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. SOME JURISDICTIONS MAY NOT ALLOW THE EXLCUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATION OF APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES HAVE ANY LIABILITY ARISING FROM OR RELATED TO ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE WEBSITE OR OUR PRODUCTS OR SERVICES, OR IN ANY CASE, FOR DIRECT DAMAGES EXCEEDING THE AMOUNT ACTUALLY PAID BY YOU TO US. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION.
Dispute Resolution. We expect to be able to resolve any disputes with you informally through our customer service department. However, in the event of any disputes, claims, controversies, differences, demands, or causes of action between you and Oral Genome relating to or arising out of your use of our products and services (“Disputes”), the parties shall use their best efforts to settle the Dispute, and shall consult and negotiate with each other in good faith to attempt to reach an equitable resolution satisfactory to each party. If the parties have been unable to resolve any Dispute in such manner within a period of thirty (30) days, the matter shall be heard and determined by binding arbitration with the American Arbitration Association in San Diego, California, in accordance with their Commercial Arbitration Rules. If the parties are not able to agree upon an arbitrator within ten (10) business days of notice of demand for arbitration by any party on the other party, the parties shall each appoint one arbitrator and the two arbitrators shall select a third arbitrator who shall hear and determine the Dispute. The decision of the arbitrator(s) shall be binding and conclusive. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. A party may seek compliance with this arbitration provision by petition to any California court of general jurisdiction in San Diego County, California. The prevailing party in any proceeding to enforce this arbitration provision is entitled to the court’s order for payment of attorneys’ fees and costs in connection with the proceeding.
Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a collective or class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any Disputes subject to arbitration under this agreement. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Notice. Oral Genome may give you notice by means of an email to your email address on record with us. You may give us notice by means of an email to firstname.lastname@example.org.
Governing Law. This agreement is to be construed under and governed by the laws of the State of California (even though you may have accessed the Website in another state) without regard to the choice or conflicts of law provisions of any jurisdiction.
Severability. The provisions of this agreement are divisible; if any provision is determined to be invalid or unenforceable, that provision is deemed limited to the minimum extent necessary to render it valid and enforceable and the remaining provisions of this agreement continue in full force and effect without being impaired or invalidated in any way.
Effectiveness and Date. This agreement will become effective when you click the box I agree to terms and conditions at checkout, which shall be the date of this agreement.