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Terms & Conditions
Online Terms of Use
ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing or using this website, you signify your agreement with these Terms of Use. These Terms of Use are agreed to by and between you and SmileSimplicity. In consideration for your use of and access to this website, and the promises and obligations in these Terms of Use, and intending to be legally bound, you and SmileSimplicity agree to all of these Terms of Use. Please print a copy of these Terms of Use for your reference. If you do not agree to the following Terms of Use, do not access or use this website, and instead contact SmileSimplicity in writing or via telephone as set forth below for desired information. SmileSimplicity reserves the right to modify or amend these Terms of Use at any time. All changes shall be effective immediately upon their posting. Material changes to the terms of use will be posted conspicuously on this website. By accessing the website following posting of changes to the Terms of Use, you agree to all such changes.
General
SmileSimplicity authorizes you to view and download the materials at this and all websites owned and operated by SmileSimplicity ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms of Use, any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. SmileSimplicity also reserves the right to terminate your authorization to use any services at the Site and, where applicable, to delete any one or more of your related access accounts, with or without cause, immediately and at any time.
Intellectual Property Rights
All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are copyrighted by SmileSimplicity, unless otherwise noted. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to SmileSimplicity appear throughout this website. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to SmileSimplicity or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.
Photo and Multimedia Library Terms of Use
SmileSimplicity photo library and multimedia library are to assist SmileSimplicity web visitors in their education effort. These images or modules may not be used by any website visitors without the written consent of SmileSimplicity.
Use of Software
If you download software from this Site ("Software"), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.
Privacy Policy
By your access and use of this website, you hereby agree to the terms of the SmileSimplicity Privacy Policy, which are incorporated into these Terms of Use by this reference.
Bulletin Boards, Chat Rooms and Other Interactive Areas
SmileSimplicity may provide bulletin boards, chat rooms and other interactive areas for its visitors to participate in. By accessing or using this website, you agree to abide by the following guidelines for use of the bulletin boards, chat rooms and other interactive areas of this website:
1. You must maintain a polite, pleasant environment. Comments that harass, abuse or threaten others are prohibited. You may not criticize other individual users or SmileSimplicity or any of its affiliates.
2. You must ensure that all comments are appropriate to all people. Any content that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited.
3. You must keep your comments relevant to the stated topic.
4. Any conduct that in SmileSimplicity's sole discretion restricts others from using or enjoying the website is prohibited.
5. You may not advertise a business or service.
6. Copyrighted material may only be posted with permission of the author.
7. Harvesting or collecting information about others, including e-mail addresses is prohibited.
8. You may not send any chain letters, junk mail, unauthorized e-mail, or commercial solicitations, or to engage in, facilitate or encourage any illegal activities.
All users of this website must also follow any other guidelines or rules provided by SmileSimplicity or posted on this website. A failure to comply with any of these guidelines or rules, or any of the other provisions of these Terms of Use and Conditions, will result in, among other possible action, the immediate termination of all membership and privileges to post content to the website. Please report any violations of these guidelines to SmileSimplicity, as provided for in the "Contacting Us" paragraph of these Terms of Use.
You and other users of the SmileSimplicity bulletin boards, chat rooms and other interactive areas are solely responsible for the contents and consequences of the messages you communicate or post on this website. You should exercise the utmost discretion before providing any personal information on this website. Although SmileSimplicity is not obligated to monitor content or the accuracy of information, you acknowledge and agree that SmileSimplicity, in its sole discretion, has the right to monitor, without notice, any such content or information posted on this website. SmileSimplicity also reserves the right, in its sole and absolute discretion, to prohibit or remove any conduct or content, without notice, for any reason, and to revoke any user’s membership, for any reason.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You and SmileSimplicity understand and agree that: (1) SmileSimplicity assumes no liability or responsibility for any content or material of any kind that is submitted for or posted on any interactive area on the website (including without limitation any bulletin boards, chat rooms, surveys on the website) by you or by any other users or third parties and (2) SmileSimplicity is a publisher of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.
Links to Third Party Websites
Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. SmileSimplicity has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, SmileSimplicity does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
SmileSimplicity consents to links to this Web site in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with SmileSimplicity; (c) imply that SmileSimplicity approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about SmileSimplicity or otherwise damage the goodwill associated with the SmileSimplicity name or trademarks. As a further condition to being permitted to link to this site, you agree that SmileSimplicity may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any SmileSimplicity trademark.
No Warranty
THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SmileSimplicity further does not warrant the accuracy and completeness of the materials or services at this Site. SmileSimplicity may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and SmileSimplicity makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. No advice or information, whether oral or written, obtained by you from SmileSimplicity or in any manner from this website shall create any warranty.
Limitation of Liability
IN NO EVENT WILL SmileSimplicity DENTAL SPECIALTIES, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold harmless SmileSimplicity, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of SmileSimplicity or any other person or entity.
Interpretation and Disputes
These Terms of Use are governed by the laws of the United States and the State of California, without regard to any conflict of laws provisions. Venue shall be proper exclusively in Santa Maria, California with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by SmileSimplicity in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.
Entire Agreement
By your access or use of this website, you hereby agree to these Terms of Use. These Terms of Use, together with the Privacy Policy constitute the entire agreement between you and SmileSimplicity with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by SmileSimplicity. These Terms of Use will inure to the benefit of SmileSimplicity’s successors and assigns.
Electronic Communications
You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between you and SmileSimplicity may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.
Contacting Us
If you have any other questions or concerns regarding these Terms of Use, please contact us at: info@smilesimplicity.com
Online Terms of Use
ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing or using this website, you signify your agreement with these Terms of Use. These Terms of Use are agreed to by and between you and SmileSimplicity. In consideration for your use of and access to this website, and the promises and obligations in these Terms of Use, and intending to be legally bound, you and SmileSimplicity agree to all of these Terms of Use. Please print a copy of these Terms of Use for your reference. If you do not agree to the following Terms of Use, do not access or use this website, and instead contact SmileSimplicity in writing or via telephone as set forth below for desired information. SmileSimplicity reserves the right to modify or amend these Terms of Use at any time. All changes shall be effective immediately upon their posting. Material changes to the terms of use will be posted conspicuously on this website. By accessing the website following posting of changes to the Terms of Use, you agree to all such changes.
General
SmileSimplicity authorizes you to view and download the materials at this and all websites owned and operated by SmileSimplicity ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms of Use, any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. SmileSimplicity also reserves the right to terminate your authorization to use any services at the Site and, where applicable, to delete any one or more of your related access accounts, with or without cause, immediately and at any time.
Intellectual Property Rights
All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are copyrighted by SmileSimplicity, unless otherwise noted. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to SmileSimplicity appear throughout this website. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to SmileSimplicity or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.
Photo and Multimedia Library Terms of Use
SmileSimplicity photo library and multimedia library are to assist SmileSimplicity web visitors in their education effort. These images or modules may not be used by any website visitors without the written consent of SmileSimplicity.
Use of Software
If you download software from this Site ("Software"), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.
Privacy Policy
By your access and use of this website, you hereby agree to the terms of the SmileSimplicity Privacy Policy, which are incorporated into these Terms of Use by this reference.
Bulletin Boards, Chat Rooms and Other Interactive Areas
SmileSimplicity may provide bulletin boards, chat rooms and other interactive areas for its visitors to participate in. By accessing or using this website, you agree to abide by the following guidelines for use of the bulletin boards, chat rooms and other interactive areas of this website:
1. You must maintain a polite, pleasant environment. Comments that harass, abuse or threaten others are prohibited. You may not criticize other individual users or SmileSimplicity or any of its affiliates.
2. You must ensure that all comments are appropriate to all people. Any content that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited.
3. You must keep your comments relevant to the stated topic.
4. Any conduct that in SmileSimplicity's sole discretion restricts others from using or enjoying the website is prohibited.
5. You may not advertise a business or service.
6. Copyrighted material may only be posted with permission of the author.
7. Harvesting or collecting information about others, including e-mail addresses is prohibited.
8. You may not send any chain letters, junk mail, unauthorized e-mail, or commercial solicitations, or to engage in, facilitate or encourage any illegal activities.
All users of this website must also follow any other guidelines or rules provided by SmileSimplicity or posted on this website. A failure to comply with any of these guidelines or rules, or any of the other provisions of these Terms of Use and Conditions, will result in, among other possible action, the immediate termination of all membership and privileges to post content to the website. Please report any violations of these guidelines to SmileSimplicity, as provided for in the "Contacting Us" paragraph of these Terms of Use.
You and other users of the SmileSimplicity bulletin boards, chat rooms and other interactive areas are solely responsible for the contents and consequences of the messages you communicate or post on this website. You should exercise the utmost discretion before providing any personal information on this website. Although SmileSimplicity is not obligated to monitor content or the accuracy of information, you acknowledge and agree that SmileSimplicity, in its sole discretion, has the right to monitor, without notice, any such content or information posted on this website. SmileSimplicity also reserves the right, in its sole and absolute discretion, to prohibit or remove any conduct or content, without notice, for any reason, and to revoke any user’s membership, for any reason.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You and SmileSimplicity understand and agree that: (1) SmileSimplicity assumes no liability or responsibility for any content or material of any kind that is submitted for or posted on any interactive area on the website (including without limitation any bulletin boards, chat rooms, surveys on the website) by you or by any other users or third parties and (2) SmileSimplicity is a publisher of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.
Links to Third Party Websites
Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. SmileSimplicity has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, SmileSimplicity does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
SmileSimplicity consents to links to this Web site in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with SmileSimplicity; (c) imply that SmileSimplicity approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about SmileSimplicity or otherwise damage the goodwill associated with the SmileSimplicity name or trademarks. As a further condition to being permitted to link to this site, you agree that SmileSimplicity may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any SmileSimplicity trademark.
No Warranty
THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SmileSimplicity further does not warrant the accuracy and completeness of the materials or services at this Site. SmileSimplicity may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and SmileSimplicity makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. No advice or information, whether oral or written, obtained by you from SmileSimplicity or in any manner from this website shall create any warranty.
Limitation of Liability
IN NO EVENT WILL SmileSimplicity DENTAL SPECIALTIES, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold harmless SmileSimplicity, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of SmileSimplicity or any other person or entity.
Interpretation and Disputes
These Terms of Use are governed by the laws of the United States and the State of California, without regard to any conflict of laws provisions. Venue shall be proper exclusively in Santa Maria, California with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by SmileSimplicity in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.
Entire Agreement
By your access or use of this website, you hereby agree to these Terms of Use. These Terms of Use, together with the Privacy Policy constitute the entire agreement between you and SmileSimplicity with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by SmileSimplicity. These Terms of Use will inure to the benefit of SmileSimplicity’s successors and assigns.
Electronic Communications
You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between you and SmileSimplicity may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.
Contacting Us
If you have any other questions or concerns regarding these Terms of Use, please contact us at: info@smilesimplicity.com
