General Terms and Conditions
Smile Doctors-affiliated web sites (“the Site”) are independently owned by licensed orthodontists and maintained by Smile Doctors LLC. By accessing or using the Site, you unconditionally agree to be bound by all the terms, conditions and notices contained in this Site Use Agreement. These general terms and conditions in this Agreement are referred to as this “Agreement.”
By using the Site, you express your understanding and agreement that you are bound by these general terms and conditions. If you are unwilling to be bound by these general terms and conditions, do not use the Site.
By using the Site, you also express your understanding and agreement that you are responsible for complying with all applicable laws and regulations. Accessing or using any portion or feature of the Site from any territory where such portion or feature of the Site is illegal is prohibited.
Smile Doctors reserves the right to revise this Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions. By continuing to use the Site after such revisions are made, you express your understanding and agreement to such revised terms.
Links to Third-Party Sites
Some of the links on the Site will allow you to leave the Site. Third-party sites to which the Site may link (“Third-Party Linked Sites”) are not in any way under Our Office’s control, and Our Office DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, CONTENT, COMMUNICATIONS, SERVICES, GOODS OR OTHER MATERIALS AVAILABLE ON SUCH THIRD-PARTY LINKED SITES OR FOR ANY CHANGES OR UPDATES TO SUCH SITES. Absent express language to the contrary, Our Office does not intend links contained on the Site to be referrals to, or endorsements of, the Third-Party Linked Sites or the entities that operate them, and such links are provided for convenience only.
Disclaimer of Warranties
IN USING THE SITE AND/OR ANY THIRD PARTY LINKED SITE YOU AGREE THAT ALL INFORMATION AND SERVICES IN SUCH SITES ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. YOU AGREE THAT YOU USE THE SITE, AND/OR ANY THIRD PARTY LINKED SITE AT YOUR OWN RISK. YOU FURTHER AGREE THAT OUR OFFICE AND ANY OTHER PARTY INVOLVED IN CREATING AND DELIVERING THE CONTENTS OR SERVICES OF THE SITE AND/OR THIRD PARTY LINKED SITES HAVE NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE INFORMATION, SERVICES OR CONTENT CONTAINED ON, OR OTHERWISE ACCESSED THROUGH, SUCH SITES. YOU ACCEPT THE FACT THAT OUR OFFICE IS ONLY PROVIDING YOU WITH ACCESS TO CONTENT AND SERVICES AND THAT IT DISCLAIMS ALL WARRANTIES RELATING TO AND ANY AND ALL LIABILITY ARISING FROM SUCH CONTENT OR SERVICES.
WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR ILLEGAL, UNAUTHORIZED, OR IMPROPER USE OF INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED USING THE SITE OR THE SERVICES. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.
THE SITE, ALL THIRD PARTY LINKED SITES, AND ALL SERVICES AND MATERIALS PROVIDED IN SUCH SITES, ARE PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS, AND YOUR USE SUCH SITES, SERVICES, AND MATERIALS IS AT YOUR OWN RISK. NEITHER OUR OFFICE NOR ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, IF ANY, MAKE ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER OUR OFFICE NOR ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, IF ANY, MAKE ANY REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. NEITHER Our Office NOR ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, IF ANY, MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS YEAR 2000 READY OR COMPLIANT, (4) IS SECURE, OR (5) WILL BE AVAILABLE AT ANY TIME OR FROM ANY LOCATION. NEITHER OUR OFFICE NOR ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSERS, IF ANY, MAKES ANY WARRANTY OR REPRESENTATION REGARDING (1) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE SITE, (2) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE SITE, OR (3) THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.
Limitation of Liability
IN NO EVENT WILL OUR OFFICE, ANY OF ITS PARTNERS, PROVIDERS, AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, THE SERVICES AVAILABLE ON THE SITE, ANY WEB SITES LINKED TO SUCH SERVICES, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES OR AT BULLETIN BOARDS AVAILABLE THROUGH SUCH SITES, OR THE CONTENT ANYWHERE ON THE INTERNET. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS OR DAMAGES ARISING FROM THE CIRCUMSTANCES DESCRIBED IN THIS PARAGRAPH REGARDLESS OF WHETHER ANY SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, INFRINGEMENT, DEFAMATION, MISAPPROPRIATION OR ANY OTHER TORT OR LEGAL THEORY AND REGARDLESS OF WHETHER Our Office HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion or limitation of liability. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.
License to Our Office
By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Services, you are granting Our Office and its affiliated entities a royalty-free, perpetual, non-exclusive, unrestricted, transferable, worldwide license to:
Use, copy, adapt, transmit, retransmit, distribute, creative and/or derivative works of, and/or publicly or digitally perform or display any such communication.
Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to, rights under copyright, trademark, service mark, patent laws or the intellectual property laws under any relevant jurisdiction.
The Services may include access to bulletin boards, which allow users to post messages and interact with other users. You understand that Our Office has no obligation to monitor the bulletin boards, the Site, or Third-Party Linked Sites. However, Our Office reserves the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or material, in whole or in part, that in Our Office’s sole discretion is objectionable or in violation of these Terms and Conditions.
As a user of the site, you agree to use the Services only for lawful purposes. Use of the Services for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services to:
- Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;
- Harass others by spamming;
- Threaten, harass, defame, embarrass or distress any other person or group;
- Distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner’s consent;
- Use “auto-responders,” “cancel-bots,” or other similar mechanisms that generate excessive network traffic;
- Post or send any unlawful, harmful, defamatory, pornographic, obscene, vulgar or otherwise objectionable material;
- Post, send or relay any unsolicited advertising;
- Post or send any chain letters or pyramid schemes;
- Post or send any fraudulent or misleading offers of products, items, loans, or other services;
- Post any misleading, inaccurate or fraudulent information;
- Post any junk emails;
- Post any duplicative or unsolicited messages;
- Harvest or otherwise collect information about others, including email addresses, without their consent;
- Create a false identity or forged email address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; or
- Attempt to gain unauthorized access to other accounts, computer systems or networks connected to the service through login password mining or any other means.
Our Office may terminate the Services and access to this Site at any time without notice in its sole discretion. In the event of a termination, the disclaimers and limitations of liabilities set forth in these Terms and Conditions will survive. Users who violate these Terms may additionally incur criminal and/or civil liability. Our Office may refer violators to civil or criminal authorities for prosecution and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.
The trademarks appearing on the Site, including those of Our Office, are the property of their respective owners. Our Office’s trademarks may be used only with the express written permission of Our Office. The design and layout of the Site, and all other Web sites owned, operated, licensed, or controlled by Our Office or its subsidiaries, if any, are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from the Site may be copied or re-transmitted unless expressly permitted by Our Office. Other product and company names mentioned herein may be the trademarks of their respective owners.
All materials on the Site are copyrighted and are protected under state and federal law, as well as international treaties and the copyright laws of other countries. Our Office’s materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without Our Office’s express written permission. All rights not expressly granted herein are reserved by Our Office.
You may create a bookmark in your browser to the homepage of the Site. All rights not expressly granted in this Agreement are reserved to us. No other rights or licenses, whether expressed, implied, arising by estoppels, or otherwise are conveyed or intended by this Agreement.
You agree to indemnify, defend and hold harmless Our Office, its telecommunications providers and service providers and its subsidiaries, affiliates, officers, directors, employees, consultants and agents, if any, from any and all third-party claims, liability, damages and costs (including, but not limited to, attorneys’ fees) due to or arising from (i) your use of the Services and/or the Site, (ii) any content you post, email, transmit, or relay by use of the Services or to Our Office, a Third-Party Linked Site, and/or the Site, (iii) your violation of the Terms and Conditions, or (iv) your infringement of any intellectual property or other right of any person or entity.
Changes to the Site and the Service
Our Office reserves the right to change, suspend or discontinue any aspect of the Services or the Site at any time, including the availability of any of the Site features, delivery services, databases or content. Our Office may also impose limits on features or restrict access to parts of the Site.
If any provision(s) of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our Office’s failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Our Office in writing. The section titles of the Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance. The Terms and Conditions constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions will be effective only if expressly made in writing and signed by Our Office.
General Terms Mobile Message Marketing Program Terms and Conditions
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system. Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the opt-out process set forth above prior to ending your use of the mobile telephone number. If you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, sale and provision of our services.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.
Age Restriction: You may not use of engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction.
Personal Health Information (“PHI”): You acknowledge and agree to not send any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act).