Terms & Conditions
Legal Notice and Terms and Conditions
The following Terms and Conditions govern your use of this website and the websites of any programs or affiliates of Smile Brands Inc. (collectively, the"Website") and the materials accessible on or from the Website. The Website is provided as a service to customers of Smile Brands Inc. (“Smile Brands”) and may be used for informational purposes only. By accessing or browsing the Website or other websites through links provided on the Website (“Other Sites”), or by downloading any materials from the Website or any of the Other Sites, you agree to be bound by the Terms and Conditions contained or referenced herein (the “Terms and Conditions”). If you do not agree to these Terms and Conditions, please do not access or use the Website or the Other Sites. Smile Brands reserves the right, at its discretion, to update or revise the Terms and Conditions. You are bound by any such revisions and should therefore periodically check the Terms and Conditions for changes. Your continued use of the Website or the Other Sites following the posting of any changes to the Terms and Conditions constitutes your acceptance of those changes.
Agreement to Rules of User Conduct. You hereby agree to abide by the Smile Brands Rules of User Conduct, including but not limited to, agreeing not to use the Website or the Other Sites for any unlawful purpose. A copy of the Rules of User Conduct, which you should review, can be found below.
Proprietary Rights. You hereby acknowledge and agree that all content and materials available on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Smile Brands, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Specific provisions of the Terms and Conditions regarding copyright, trademarks and linking appear directly below.
Copyright. The information on the Website, including, without limitation, all design, text, images, press releases, the “look and feel” attributes of the Website and other information, is protected under United States and other copyright laws and is owned by Smile Brands or its affiliates or used under license from the copyright owner. The information may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in party in any manner without Smile Brands’ prior written consent, except for your own personal and noncommercial use, provided any copies include the copyright and other notice displayed with the materials on the Website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Smile Brands. Smile Brands neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Smile Brands. Any unauthorized use of any materials on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are advised that Smile Brands will aggressively enforce its intellectual property rights on the fullest extent of the law, including the seeking of civil damages, penalties, injunctive relief and, if permissible, criminal prosecution.
Trademarks. The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are trademarks of Smile Brands and its affiliates. Nothing contained on the Website should be construed as granting any license or right to use any of the Trademarks without the written permission of Smile Brands. Unauthorized use of any of the Trademarks is strictly prohibited.
Linking. Notwithstanding the foregoing paragraphs, your are granted a limited, nonexclusive right to create a hyperlink to the Website provided (i) you do not remove or obscure the copyright notice or other notices on the Website, (ii) such link does not portray Smile Brands or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, (iii) you give Smile Brands notice of such link by calling 714-428-1248 and sending an e-mail from our home page and (iv) you immediately discontinue providing a link to the Website if so requested by Smile Brands or its affiliates. You may not use a Smile Brands logo or other proprietary graphic or trademark of Smile Brands to link to the Website without the express written permission of Smile Brands. Smile Brands reserves the right to revoke this license to create a hyperlink to the Website generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the Website or any of its content or copy portions of the Website to a server. Each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), with all accompanying frames, borders, margins, designs, branding, trademarks, advertising and promotional materials originally displayed on the page within the Website.
Disclaimer and Limitation of Liability
This Website has been prepared for the purpose of providing information about Smile Brands and its affiliates and the goods and services they provide. This Website is also intended to provide certain services to the customers of Smile Brands. The information contained on the Website has been compiled and provided by Smile Brands in good faith.
DISCLAIMER. HOWEVER, NEITHER SMILE BRANDS NOR ITS AFFILIATES MAKE ANY GUARANTY, REPRESENTATION OR WARRANTY ABOUT THE COMPLETENESS, CORRECTNESS, RELIABILITY OR ACCURACY OF THE INFORMATION CONTAINED ON THE WEBSITE. THE WEBSITE, INCLUDING ALL INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED THEREIN, IS PROVIDED "AS IS" AND WITHOUT ANY GUARANTY, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SMILE BRANDS AND ITS AFFILIATES HEREBY DISCLAIM, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, ALL GUARANTEES, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND ITS CONTENTS AND OPERATION AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NEITHER SMILE BRANDS NOR ITS AFFILIATES WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) ON WHICH THIS WEBSITE IS LOCATED ARE FREE, OR WILL BE FREE, OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
THE INCLUSION IN THE WEBSITE OF ANY LINKS TO WEBSITES MAINTAINED AND OPERATED BY THIRD PARTIES IS FOR THE USER'S CONVENIENCE ONLY AND DOES NOT IMPLY ANY ENDORSEMENT OF THE MATERIAL ON THOSE WEBSITES. SMILE BRANDS IS NOT RESPONSIBLE FOR THE CONTENT AND PERFORMANCE OF THOSE WEBSITES, FOR YOUR USE OF THEM OR FOR ANY TRANSACTIONS YOU MAY CONDUCT WITH THEM.
LIMITATION OF LIABILITY. IN NO EVENT (EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW) SHALL SMILE BRANDS OR ITS AFFILIATES, SUPPLIERS OR VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM THE USE OF OR ACCESS TO THE WEBSITE OR FOR ANY GOODS OR SERVICES OBTAINED ON THE WEBSITE, EVEN IF SMILE BRANDS OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OR OTHERWISE KNOWS OF THE POSSIBILITY OF SUCH DAMAGES.
Medical Information Disclaimer
The information contained on this Website is for informational purposes only and should not be used to diagnose health problems or to prescribe any medication, medical devices or other remedies. The information on this Website may be presented in conclusory, shorthand or summary form, should not be relied upon to suggest a course of treatment for a particular individual, and is not intended to supplant medical advice provided by your own physician or other healthcare provider or any information included by the manufacturer with or on any product. You should never disregard medical advice or delay in seeking it because of something you have read on this Website.
YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER OF YOUR OWN CHOICE AND CAREFULLY READ ALL PACKAGING AND OTHER INFORMATION PROVIDED BY THE MANUFACTURER OF ANY MEDICAL PRODUCTS OR DEVICES BEFORE USING THEM.
Governing Law and Jurisdiction. The laws of the State of California (exclusive of its choice of law principles) will apply to all matters relating the use of the Website. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to submit to the exclusive personal jurisdiction and venue of the Courts of Orange County in California and to the United States District Court for the Central District of California, to the exclusion of all other venues and jurisdictions, for any and all causes of action which may arise from the use of the Website.
Violations. Smile Brands reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Website.
Viruses. Because of the marked increase in the fabrication and proliferation of computer viruses affecting the Internet, we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. We are not responsible or liable for any damage caused by such hazards.
Security. We welcome your e-mail and other electronic correspondence. However, Internet and e-mail communications may not be secure or confidential. You hereby acknowledge that it is possible that information transmitted to us may be read or obtained by other parties.
Indemnification. You hereby agree, upon a request by Smile Brands, to defend, indemnify, and hold harmless Smile Brands and its affiliates, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Website. Smile Brands reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Smile Brands in asserting any available defenses.
Content. Statements made in the Website, Other Sites, newsgroups, message boards, e-mail, forums, conferences and chat rooms reflect only the views of their authors and do not necessarily reflect those of Smile Brands.
Licenses and Idea Submissions. You hereby grant to Smile Brands a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Website (such as forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against Smile Brands for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
Third Party Rights. The Disclaimer, Limitation of Liability and Indemnification provisions of these Terms and Conditions are for the benefit of Smile Brands, its affiliates, and the officers, directors, employees, agents, licensors, suppliers, and information providers of Smile Brands and its affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
International Use. Smile Brands makes no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws.
Limited License. By this Agreement, Smile Brands grants, subject to the terms of these Terms and Conditions, only a limited, non-transferable and non-exclusive license to use the materials on the Website in a manner consistent with this Agreement.
Severability and Integration. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and Smile Brands with respect to the Website and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Smile Brands with respect to the Website. If any part of these Terms and Conditions are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Smile Brands, and the remaining portions shall remain in full force and effect.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THE SITE. IN NO EVENT SHALL SMILE BRANDS, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE.
Notices and Procedure for Making Claims of Copyright Infringement. All inquiries not relevant to the following procedure will not receive a response. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting Smile Brands’ agent for copyright matters (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Smile Brands’ agent for copyright matters relating to the Website is as follows:
Smile Brands Inc.
Attn: Director of Marketing
100 Spectrum Center Dr., Suite 1500
Irvine, CA 92618
Termination. Smile Brands reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without notice.
Rules of User Conduct
By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Website or one of the Other Sites, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates the Terms and Conditions or other rules or policies of Smile Brands;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any employee or representative of Smile Brands.
You also agree that you will not harvest or collect information about the users or members of the Website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.
Smile Brands and its agents have the right, at their sole discretion, to refuse to post, or to remove, any content that, in Smile Brands' judgment, does not comply with these Rules of User Conduct or any of the Terms and Conditions, or is otherwise harmful, objectionable, or inaccurate. Smile Brands is not responsible for any failure or delay in removing such content.
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