Terms of Service
Last updated October 19, 2018
If you are under 18 years of age, you represent and warrant that you are accessing and/or using the Site with the permission of a parent or legal guardian who agrees to be bound by this TOS. If you are under 13 years of age, please do not access and/or use the Site.
Please note that Smile Health reserves the right to update or change this TOS from time to time. If we decide to make such changes, we will post a new version to the Site and update the date above and may also notify you by sending an email to the last email address you provided to us. USE OF THE WEB SERVICES AFTER SUCH CHANGES HAVE TAKEN EFFECT CONSTITUTES ACCEPTANCE OF ALL CHANGES.
Please also note that if Smile Health determines at any time that you have abused or violated any of these terms, conditions and guidelines, Smile Health reserves the right to terminate your use of the Site and Web Services immediately without notice.
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 Smile Health's control, and Smile Health DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, CONTENT, COMMUNICATIONS, WEB 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, Smile Health 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 WEB 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 SMILE HEALTH AND ANY OTHER PARTY INVOLVED IN CREATING AND DELIVERING THE CONTENTS OR WEB 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, WEB SERVICES OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED THROUGH SUCH SITES. YOU ACCEPT THE FACT THAT SMILE HEALTH IS ONLY PROVIDING YOU WITH ACCESS TO CONTENT AND WEB SERVICES AND THAT IT DISCLAIMS ALL WARRANTIES RELATING TO AND ANY AND ALL LIABILITY ARISING FROM SUCH CONTENT OR WEB 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 WEB 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 WEB SERVICES AND MATERIALS PROVIDED IN SUCH SITES, ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE OF SUCH SITES, WEB SERVICES, AND MATERIALS IS AT YOUR OWN RISK. NEITHER SMILE HEALTH 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 SMILE HEALTH 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 SMILE HEALTH 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 SECURE, OR (4) WILL BE AVAILABLE AT ANY TIME OR FROM ANY LOCATION. NEITHER SMILE HEALTH 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 WEB SERVICES OR THE SITE, (2) ANY GOODS OR WEB SERVICES PURCHASED OR OBTAINED THROUGH THE WEB 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 SMILE HEALTH, 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 WEB SERVICES AVAILABLE ON THE SITE, ANY WEB SITES LINKED TO SUCH WEB 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 SMILE HEALTH 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.
Smile Health may terminate the Web 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 this TOS shall survive. Users who violate this TOS may additionally incur criminal and/or civil liability. Smile Health 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 Smile Health and/or Wellfit, are the property of their respective owners. Such trademarks may be used only with the express written permission of their owners. The design and layout of the Site, and all other websites owned, operated, licensed, or controlled by Smile Health 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 Smile Health. 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. Smile Health's materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without Smile Health' express written permission. All rights not expressly granted herein are reserved by Smile Health.
If you send us feedback, we may use your feedback for any purpose without attribution, accounting or compensation to you. You agree not to submit any information or ideas to us that you consider confidential.
You may create a bookmark in your browser to the home page of the Site. All rights not expressly granted in this TOS are reserved to us. No other rights or licenses, whether express, implied, arising by estoppels, or otherwise are conveyed or intended by this TOS.
You agree to indemnify, defend and hold harmless Smile Health, 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 (1) your use of the Web Services and/or the Site, (2) any content you post, email, transmit, or relay by use of the Web Services or to Smile Health, a Third-Party Linked Site, and/or the Site, (3) your violation of the TOS, or (4) your infringement of any intellectual property or other right of any person or entity.
Changes to the Site and the Web Services
Smile Health reserves the right to change, suspend or discontinue any aspect of the Web Services or the Site at any time, including the availability of any of the Site features, delivery Web Services, databases or content. Smile Health may also impose limits on features or restrict access to parts of the Site.
The Site is provided from facilities located in the United States but may also be provided from servers located outside the United States. We reserve the right to process and store information both inside and outside the United States. When you use the Site, you consent to the storage and processing of all your information you have provided to us (including personal information) inside and outside the United States.
Governing Law and Dispute Resolution
This TOS shall be governed by the laws of the State of California, excluding its choice of law principles. Except for the optional arbitration described below, the parties will resolve any disputes in the courts of Orange County, California.
Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed upon by the parties. The arbitration must be conducted under the following rules: (1) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online or solely on written submissions, (2) no party or witness will make any personal appearance unless the parties agree otherwise, and (3) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction.
Whether in court or in arbitration, the initiating party must bring all claims in its individual capacity and not as a plaintiff or class member in a class action or other similar proceeding.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SMILE HEALTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BANNED.
Smile Health may assign this TOS at any time to a subsidiary or parent company or in connection with any asset or stock sale, merger, consolidation, operation of law event, or other change of control event. You may not assign or transfer this TOS, or any of your rights or obligations hereunder. You agree that this TOS is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this TOS.
If any provision(s) of the TOS 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. Smile Health's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Smile Health in writing. The section titles of the TOS are solely used for the convenience of the parties and have no legal or contractual significance. The TOS 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 TOS will be effective only if expressly made in writing and signed by Smile Health.
For any questions or comments, to report violations of this TOS, or to provide notices, please contact us at firstname.lastname@example.org.