Terms of Service

Dr. Jeffrey Pace // Climb Orthodontics

805 S Broadway St. Ste. 210 Boulder, CO 80305

303-261-1997

www.climborthodontics.com

WEBSITE TERMS OF SERVICE

Effective Date: March 30, 2026
Last Updated: March 30, 2026

These Terms of Service (“Terms”) govern your access to and use of the website located at www.climborthodontics.com (the “Website”), operated by Climb Orthodontics (“Practice,” “we,” “us,” or “our”). By accessing or using this Website, submitting information, scheduling appointments, or enrolling in SMS communications, you agree to these Terms. If you do not agree to one or more provisions of these Terms, do not use this Website.

  1. No Medical Advice. The content on this Website is provided for informational purposes only and does not constitute medical advice, diagnosis, or treatment. Use of this Website does not create a provider–patient relationship. You should not rely on Website content as a substitute for professional medical advice. Always consult a licensed healthcare provider regarding any medical condition. If you are experiencing a medical emergency, call 911 or seek immediate emergency care.
  2. No Provider–Patient Relationship. Submission of forms, scheduling requests, chat interactions, SMS communications, or other communications through this Website do not establish a provider–patient relationship unless and until you are formally accepted as a patient and complete our required intake documentation. We reserve the right to refuse service as permitted by and consistent with applicable law.
  3. Eligibility. You must be at least 18 years old to use this Website independently. If you are under 18, a parent or legal guardian must use the Website on your behalf. By using this Website, you represent that you meet these requirements. Misrepresentation of age or identity constitutes a material breach of these Terms.
  4. Website Content and Intellectual Property. All Website content, including but not limited to, all text, images, graphics, photographs, videos, audio recordings, logos, trademarks, service marks, designs, layout, look and feel, compilations, databases, software, source code, object code, functionality, and other materials (collectively, the “Content”), is owned by or licensed to the Practice and is protected by United States and international copyright, trademark, trade secret, patent, and other intellectual property and proprietary rights laws. You are granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Website and its Content solely for your personal, non-commercial use. Any unauthorized use automatically terminates the license granted herein and may violate applicable law. The Practice reserves all rights not expressly granted.
  5. User Conduct. You agree not to submit false or misleading information, upload malicious code, attempt unauthorized access to systems, interfere with Website operation, or use the Website for unlawful purposes. Violation may result in termination of access and legal action where appropriate.
  6. Privacy and HIPAA. Your use of this Website is also governed by our privacy policy located at www.climborthodontics.com/privacy-policy (“Privacy Policy”), incorporated herein by reference as if the terms thereof were fully stated in these Terms. This Website may collect personal information. Website forms and email are not guaranteed to be secure unless explicitly stated. Do not submit highly sensitive medical information through unsecured forms. Protected Health Information (“PHI”) is handled in accordance with HIPAA when applicable and once a provider–patient relationship is established. Our Privacy Policy is available upon request and on our Website as required by law, and also governs and addresses our data collection, management, and processing practices, procedures, and notifications.
  7. Appointment Requests and Online Forms. Submitting an appointment request does not guarantee an appointment. Appointments are confirmed only after direct confirmation from our office. We reserve the right to cancel or reschedule appointments at our sole discretion.
  8. Collection of Information. By interacting with this website, we may collect information about you such as your IP address, device type, browser data, cookies and use analytics. If you complete a form, schedule an appointment on this website, call, or text us to provide information, email with us or complete any forms in the office we may also collect information such as your name, address, phone number, insurance information, billing information or any other information as supplied by you.
  9. Use of Information. We use and disclose health information about you for treatment, payment, and healthcare operations. For example:
  1. Treatment. We may use or disclose your health information to a physician or other healthcare provider providing treatment to you. We may also utilize the information to provide healthcare services.
  2. Payment. We may use and disclose your health information to obtain payment for services we provide to you which can include billing notifications delivered by email, text, phone or another method.
  3. Healthcare Operations. We may use and disclose your health information in connection with our healthcare operations. Healthcare operations include quality assessment and improvement activities, reviewing the competence or qualifications of healthcare professionals, evaluating practitioner and provider performance, conducting training programs, accreditation, certification, licensing or credentialing activities.
  4. To Your Family and Friends. We must disclose your health information to you, as described in the Patient Rights section of this Notice. We may disclose your health information to a family member, friend or other person to the extent necessary to help with your healthcare or with payment for your healthcare, but only if you agree that we may do so.
  5. Persons Involved In Care. We may use or disclose health information to notify, or assist in the notification of (including identifying or locating) a family member, your personal representative or another person responsible for your care, of your location, your general condition, or death. If you are present, then prior to use or disclosure of your health information, we will provide you with an opportunity to object to such uses or disclosures. In the event of your incapacity or emergency circumstances, we will disclose health information based on a determination using our professional judgment disclosing only health information that is directly relevant to the person’s involvement in your healthcare. We will also use our professional judgment and our experience with common practice to make reasonable inferences of your best interest in allowing a person to pick up filled prescriptions, medical supplies, x-rays, or other similar forms of health information.
  6. Your Authorization. In addition to our use of your health information for treatment, payment or healthcare operations, you may give us written authorization to use your health information or to disclose it to anyone for any purpose. If you give us an authorization, you may revoke it in writing at any time. Your revocation will not affect any use or disclosures permitted by your authorization while it was in effect. Unless you give us a written authorization, we cannot use or disclose your health information for any reason except those described in this Notice.
  7. Marketing Health-Related Services. We will not use your health information for marketing communications without your written authorization.
  8. Required by Law. We may use or disclose your health information when we are required to do so by law.
  9. Abuse or Neglect. We may disclose your health information to appropriate authorities if we reasonably believe that you are a possible victim of abuse, neglect, or domestic violence or the possible victim of other crimes. We may disclose your health information to the extent necessary to avert a serious threat to your health or safety or the health or safety of others.
  10. National Security. We may disclose to military authorities the health information of Armed Forces personnel under certain circumstances. We may disclose to authorized federal officials health information required for lawful intelligence, counterintelligence, and other national security activities. We may disclose to a correctional institution or law enforcement official having lawful custody of protected health information of an inmate or patient under certain circumstances.
  11. Scheduling and Appointment Reminders. We may use or disclose your health information to provide you with appointment reminders (such as voicemail messages, postcards, text messages or letters) or to schedule appointments with you.
  12. SMS Messaging Terms (TCPA and Twilio Compliance). By providing your mobile phone number and opting into SMS communications, you consent to receive text messages from Climb Orthodontics regarding appointment reminders, scheduling updates, care-related information, billing notifications, practice announcements, and marketing communications if separately consented. SMS consent is not a condition of purchase. Consent may be revoked at any time. You may opt out at any time by replying STOP. After opting out, you will receive one final confirmation message. For assistance, reply HELP or contact us at 303-261-1997 or info@climborthodontics.com . Information collected through SMS interactions is subject to our Privacy Policy and the then-current Notice. We comply with the Telephone Consumer Protection Act (“TCPA”), CTIA Messaging Principles, Twilio A2P 10DLC requirements, and applicable state consumer privacy laws. We do not sell, rent, or share your personal information, including mobile phone numbers, with third parties for their marketing purposes. We may share information with trusted service providers (such as messaging platforms) solely to deliver services on our behalf.
  1. Message and Data Rates. Message and data rates may apply to any text messages sent to you from us and to us from you. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance, depending on your wireless carrier and service plan. For questions about your text or data plan, please contact your wireless provider.
  2. Message Frequency. By opting in to receive SMS communications from us, you agree to receive recurring text messages related to your account, appointments, services, promotions, or other relevant updates. Message frequency will vary depending on your interaction with our office and the services you request. You may receive multiple messages per month. We reserve the right to alter the frequency of messages at any time to increase or decrease the total number of messages sent. You may opt out at any time by replying STOP to any message. For assistance, reply HELP or contact us directly at 303-261-1997.
  3. Message Delivery Disclaimer. Text message delivery is subject to effective transmission by your wireless carrier and is not guaranteed. Carriers are not liable for delayed or undelivered messages.
  1. Third-Party Links and Services. This Website may link to third-party websites or services, including payment processors, patient portals, or telehealth platforms. We are not responsible for third-party content, privacy practices, security practices, or service interruptions. Your use of third-party services is at your own risk. Inclusion of third-party links does not imply endorsement. We disclaim any liability arising from your use of third-party platforms. You should review each applicable third party’s terms and privacy policies before use.
  2. Data Security. We implement reasonable administrative, technical, and physical safeguards to protect personal information. In the event that there is a data breach which affects personal information of any kind, we will notify you as soon as possible (and in any case, within 60 days) of the date, estimated date, or range of the breach, a description of the personal information which may have been compromised in the breach, contact information to inquire about the breach, the toll-free numbers, addresses, and websites for consumer reporting agencies and the federal trade commission (“FTC”) and the Department of Health and Human Services, and a statement describing that you have the right to get information from the consumer reporting agencies and/or the FTC regarding fraud alerts and security freezes. We will share updates regarding the breach and the findings of our investigation as we learn more during the investigation, unless we are required to wait to share updates by law. We may share or be required to share information regarding a breach with other third parties including but not limited to, law enforcement agencies, the attorney general, or consumer reporting agencies.
  3. Telehealth Disclaimer. If telehealth services are offered, availability depends on state licensure laws. Not all conditions are appropriate for telehealth. You may be required to sign separate telehealth consent forms. Technical failures may disrupt services. You acknowledge that telehealth services may involve electronic communication of medical information and that there are potential risks including delays, technical failures, and unauthorized access despite reasonable safeguards.
  4. Disclaimer of Warranties. This Website is provided on an “as is” and “as available” basis. We make no warranties regarding accuracy, completeness, reliability, availability, or security. We disclaim all implied warranties including merchantability and fitness for a particular purpose to the fullest extent permitted by law.
  5. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PRACTICE AND ITS OFFICERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING THE LOSS OF PROFITS, EMOTIONAL DISTRESS, OR PERSONAL INJURY ARISING FROM THE USE OF THIS WEBSITE. THESE LIMITITATIONS OF LIABILITY APPLY TO THE MAXIMUM EXTEND ALLOWED BY LAW.
  6. Indemnification. You agree to indemnify and hold harmless the Practice from any claims, damages, losses, liabilities, and expenses arising from your misuse of the Website, your violation of these Terms, or your violation of applicable law. This indemnification obligation includes reasonable attorneys’ fees and costs incurred in defending such claims.
  7. Arbitration and Dispute Resolution. To the fullest extent permitted by law, any dispute arising out of or relating to these Terms or Website use shall be resolved through binding arbitration administered by the American Arbitration Association. BY USING THE WEBSITE, YOU ARE WAIVING THE RIGHT TO A JURY TRIAL, CLASS ACTION PARTICIPATION, AND CONSOLIDATED PROCEEDINGS. Arbitration shall occur in the county where the Practice is located unless otherwise required by law. You may opt out of arbitration within thirty (30) days of first acceptance of these Terms by submitting written notice to the Practice. This arbitration provision shall survive termination of these Terms. If any portion of this arbitration provision is deemed to be unenforceable, the remaining portions shall remain in full force except that class action waivers shall not be severable where prohibited by law.
  8. Governing Law. These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles. You agree that any permitted court proceedings shall be brought exclusively in the state or federal courts located in that State.
  9. Accessibility. We strive to make our Website accessible consistent with Web Content Accessibility Guidelines (“WCAG”). We will make reasonable efforts to provide requested information in alternative formats where required by law, and in accordance with our Accessibility Policy, which is incorporated herein by reference as if the terms thereof were fully stated in these Terms. If you encounter accessibility barriers, please contact us.
  10. Modifications. We may update these Terms at any time. Updated Terms will be posted with a revised effective date on the Website as the same are updated from time-to-time. Continued use of the Website constitutes acceptance of revised Terms.
  11. Assignment. You may not assign, transfer, or delegate the Terms of Service or any part thereof without our prior written consent. We may freely transfer, assign, or delegate all or any part of the Terms of Service, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
  12. Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
  13. Entire Agreement. These Terms, together with our Privacy Policy and Accessibility Policy, constitute the entire agreement between you and the Practice regarding Website use and supersede all prior communications or understandings regarding the same.
  14. Contact Information. Users have the right to request access to, correction of, or deletion of their personal information that we maintain pursuant to the terms of the Privacy Policy. If you believe that any information we have about you is inaccurate or would like to request that your information be updated or removed, please contact us using the information below.

Requests to review, update, or delete your personal data can be submitted by email or phone. We will respond to all reasonable requests in accordance with applicable privacy laws and will take appropriate steps to verify your identity before making any changes to your information.

For all requests or questions, please contact us at:

Contact Officer: Dr. Jeffrey Pace

Telephone: 303-261-1997

E-mail: info@climborthodontics.com

Address: 805 S Broadway St. Ste. 210 Boulder, CO 80305