Terms and Conditions of Use
The Smile Store
TERMS AND CONDITIONS OF USE Policy
INTRODUCTION AND ACCEPTANCE
Unless otherwise agreed to in writing by The Smile Store by using the website and portals of The Smile Store and integrated service partners, you agree to the following Terms and Conditions of Use Policy without limitation or qualification. Please read these terms and conditions carefully before using The Smile Store’s website or portals. If you do not agree with the Terms and Conditions of Use Policy, you are not granted permission to use The Smile Store’s website and portals.
All references in this Terms and Conditions of Use Policy to “we,” “us,” or “our” shall refer to The Smile Store and its service partners. All references in this Terms and Conditions of Use Policy to “you” or “your” shall refer to the users of The Smile Store’s website and portals.
EXCLUSION OF WARRANTIES AND LIMITATIONS OF LIABILITY
The Smile Store’s website and portals are provided by The Smile Store’s on an “as is” and “as available” basis. The Smile Store makes no representations or warranties of any kind, express or implied, as to the operation of The Smile Store’s website or portals or the information, content, materials, or services included thereon, including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose. In particular, The Smile Store does not warrant that The Smile Store website or portals, its servers, or email sent from The Smile Store are free of viruses or other harmful components. The Smile Store will not be liable for any damages of any kind arising from the use of, or inability to use, The Smile Store’s website or portals, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, whether in contract, tort, or otherwise. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; accordingly, the above limitations or exclusions may not apply to you.
GENERAL USE OF THE WEBSITE AND PORTALS
In order to access certain features of The Smile Store’s website and portals, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process, including to obtain a Smile Store account to access certain sections of the website and portals, or as part of your continued use of such website or portals. You agree that any registration information you give to The Smile Store will always be accurate, correct, and up to date.
You agree to use The Smile Store’s website and portals only for purposes that are permitted by (a) this Terms and Conditions of Use Policy, and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) The Smile Store’s website or portals by any means other than through the interface that is provided by The Smile Store. You specifically agree not to access (or attempt to access) any part of The Smile Store’s website or portals through any automated means (including use of scripts or web crawlers).
You agree that you will not engage in any activity that interferes with or disrupts The Smile Store’s website or portals (or the servers and networks which are connected to such website or portals).
You agree that you will not reproduce, duplicate, copy, republish, upload, post, transmit, distribute, modify, sell, trade, or resell The Smile Store’s website or portals, or any portion, feature, or content thereof, for any purpose; provided that you may download one copy of the materials on The Smile Store’s website or portals on any single computer for your non-commercial use only and you may print one copy of the materials on The Smile Store’s website or portals for your non-commercial use only; further provided that you keep intact all copyright and other proprietary notices on any such downloaded or printed materials.
You agree that you are solely responsible for (and that The Smile Store has no responsibility to you or to any third-party for) any breach of your obligations under the Terms and Conditions of Use Policy and for the consequences (including any loss or damage which The Smile Store may suffer) of any such breach.
You must be 18 years or older to use The Smile Store’s website or portals unsupervised. If you are under the age of 18, you may only use such website and portals in conjunction with, and under the supervision of, your parents or guardians.
You must be a human. Smile Store accounts registered by “bots” or other automated methods are not permitted.
Your Smile Store account may only be used by authorized adult members of one Resident household.
You agree and understand that you are responsible for maintaining the confidentiality and security of your Smile Store Account account and password, if any. Smile Store cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You agree that you will be solely responsible to Smile Store for all activities that occur under your Smile Store account.
If you become aware of any unauthorized use of your Smile Store account or password, you agree to notify Smile Store immediately.
We reserve the right to modify or discontinue, temporarily or permanently, your access to The Smile Store’s website or portals, or your Smile Store account with or without notice.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Certain features within The Smile Store’s website or portals may allow you to post comments, send emails and other communications, and submit suggestions, ideas, comments, questions, or other information (together “Commenting”). You agree, understand and represent that all of your Commenting: (i) is accurate, (ii) is owned or otherwise controlled by you, (iii) is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third-parties, and (iv) does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Commenting. The Smile Store reserves the right (but not the obligation) to monitor and edit or remove any Commenting activity or content. If you do post Commenting content or submit Commenting material, you grant The Smile Store a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Commenting content throughout the world in any media, including the right to use the name that you submit in connection with such Commenting. The Smile Store takes no responsibility and assumes no liability for any Commenting content posted by you or any third-party.
The Smile Store’s website and portals may be linked to other websites not maintained by us. We do not control and are not responsible for the content of and policies governing use of those websites not maintained by us. The inclusion of any link to such websites does not imply approval of or endorsement by us of the websites or the content thereof.
OWNERSHIP, COPYRIGHT AND TRADEMARK
All content included on The Smile Store’s website and portals, such as trademarks, service marks, trade names, text, graphics, logos, icons, button icons, images, data compilations, domain names, and software, is the property of The Smile Store or its content suppliers, or its service partners, or used with permission. The compilation of all content on this site is the exclusive property of The Smile Store and may be protected by U.S. and international copyright laws. All software used on this site is the property of The Smile Store or their software suppliers and may be protected by United States and international copyright laws. Nothing on this site should be construed as granting any license or right to such content or software.
COPYRIGHT AND TRADEMARK COMPLAINTS
The Smile Store respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement on The Smile Store’s website or portals, please notify us immediately by phone at (833) 900-1050 or by mail at The Smile Store, 9597 Central Avenue, Montclair, CA 91763 USA.
The Smile Store does not provide the technologies used to build the website or portals, and therefore, neither recommends nor endorses the same. Any information regarding identified technologies, including their capabilities, limitations, and applications, should be sought directly from their manufacturers. The Smile Store hereby disclaims any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names, or other intellectual property interests of third-parties.
By visiting The Smile Store’s website or portals, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern this Terms and Conditions of Use Policy and any dispute of any sort that might arise between you and The Smile Store regarding such Policy.
CHANGES TO THE TERMS
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Terms and Conditions of Use Policy without prior notice. Modifications shall become effective immediately upon being posted on our website and portals. Your continued use of the website and portals after modifications are posted constitutes an acknowledgement and acceptance of the Terms and Conditions of Use Policy and its modifications.
March 2, 2018
HOW TO CONTACT US
Any questions about this Terms and Conditions of Use Policy should be addressed to firstname.lastname@example.org or by mail at: The Smile Store, 9597 Central Avenue, Montclair, CA 91763 USA.