Supersmile operates this Site to provide online access to information about Supersmile and the products, services, and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.” Supersmile reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.
Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Supersmile products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Supersmile reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Supersmile or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Supersmile or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Supersmile. With the exception of the Sample Images, you may not manipulate or alter in any way images or other Content on the Site.
Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Supersmile of the third party, the third-party web site, or the information contained therein. Supersmile is not responsible for the availability of any such web sites. Supersmile is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Supersmile affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.
Linking to this Site
If you would like to link to the Site, you must follow Supersmile´s link guidelines. Unless specifically authorized by Supersmile, you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
Downloading Files
Supersmile cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Software
Any software available for download via the Site is the copyrighted work of Supersmile and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
Disclaimer of Warranties
SUPERSMILE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. SUPERSMILE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. SUPERSMILE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. SUPERSMILE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Limitation of Liability
IN NO EVENT WILL SUPERSMILE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF SUPERSMILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SUPERSMILE´S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Supersmile, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys´ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
Unsolicited Idea Submission Policy.
Supersmile or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should Supersmile’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to Supersmile or anyone at Supersmile. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say,
(1) your idea will automatically become the property of Supersmile, without any compensation to you;
(2) Supersmile will have no obligation to return your idea to you or respond to you in any way;
(3) Supersmile will have no obligation to keep your idea confidential; and
(4) Supersmile may use your idea for any purpose whatsoever, including giving your idea to others.
However, Supersmile does welcome feedback regarding many areas of Supersmile´s existing businesses that will help satisfy customer´s needs, and feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section above.
User Supplied Information
Supersmile does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Supersmile the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
Password Security
If you register to become a Supersmile.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Supersmile of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Supersmile therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Supersmile does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Supersmile´s Privacy Policy, your use of the Site, any other Supersmile web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions.
d. Claims of Copyright Infringement. © Copyright 2010 Supersmile. All rights reserved.
How Supersmile Uses Your Personal Information
Supersmile collects personal information primarily to make our services more rewarding for you to use. We usually use this information for internal purposes, such as studying our customers’ preferences. We may also use your information to contact you for account and promotional purposes.
Email Address Usage
We use e-mail addresses to send out newsletters and other announcements with information about Supermile.com’s new products, gifts and special features. When you register, you can choose not to receive these announcements by opting-out of delivery. If you receive an e-mail and want to avoid further messages, look at the end of the e-mail for instructions on how to remove yourself from the mailing list. You can also edit your e-mail preferences at Supersmile.com’s My Account.
SUBSCRIPTION TERMS OF SERVICE
Please read these Subscription Terms of Service collectively and in conjunction with our standard Terms of Use at www.supersmile.com. These Subscription Terms of Service combined with our standard Terms of Use set forth the legally binding terms and conditions for your use of the Supersmile Site and Services.
ACCEPTANCE OF SUBSCRIPTION TERMS OF SERVICE.
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Subscription Terms of Service and all other operating rules, policies and procedures and additional Terms of Use that may be published from time to time by Supersmile.
These Subscription Terms of Service apply to all users of the Services, including, without limitation, registered and unregistered users.
ELIGIBILITY
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Subscription Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Subscription Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
RULES OF CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Subscription Terms of Use. You are responsible for all of your activity in connection with the Services.
All orders of Supersmile products must be for personal use only. By purchasing our products, you hereby agree not to resell or distribute such products for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
You shall not: (i) take any action that will interfere or attempt to interfere with the proper working of the Services; (ii) harvest or scrape any content from the Services; (iii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate; (iv) otherwise take any action in violation of our guidelines and policies.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Subscription Terms of Service, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; (v) market Supersmile services either directly by Supersmile or a representative of Supersmile: or (vi) protect the rights, property or safety of us, our users and the public.
RECURRING BILLING MODEL
Supersmile’s subscription programs are conducted on an Interval basis. An Interval may span one month or one quarter. For monthly programs there will be a monthly Interval charge and for quarterly programs there will be multiple charges spanning the three-month Interval (payment will be divided by three and charged 1/3 per for each month). By participating in a Supersmile subscription program you are enrolling in a recurring payment plan and you acknowledge that such services have an initial and recurring payment feature and you accept responsibility for all recurring charges applied prior to cancellation. All recurring payments are fully earned upon payment.
BILLING
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account (your “Billing Account”) for use of the services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this agreement. We are not responsible for errors by the payment processor. By choosing to use our services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
FREE TRIALS AND OTHER PROMOTIONS
Any free trial or other promotion must be used within the specified time of the trial. You will be required to have a valid payment method on file in order to initiate a free trial and will be automatically enrolled into a recurring paid Services program if you choose not to cancel sooner than three days prior to the end of your free trial period. You must cancel use of the selected paid Services before the end of the trial offer period in order to avoid being charged for that service. Free trial offers are one-time only for new customers only and are limited to one per household. If you have questions as to the end date of your free trial period contact us at customercare@supersmile.com.
REAFFIRMATION OF AUTHORIZATION
Your non-termination or continued use of a particular service reaffirms that we are authorized to charge your payment method for that Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
CANCELLATION
You may opt out of renewing your subscription contacting us at customercare@supersmile.com at least three business days before the next subscription Interval. If you do not let us know that you want to terminate your subscription at least three business days prior to the next subscription Interval, the payment for the Interval will be processed/charged.
If you sign up for a free trial, you may cancel at any time during the free trial period and incur no charge as long as the cancellation occurs at least three business days prior the free trial end date (the date at which the free trial transitions into the paid Service).
PRODUCT WARRANTIES
Product results may vary for multiple reasons, including but not limited to the manner in which you treat the products and the care with which you follow the instructions. Supersmile does not represent or warrant that your teeth will respond as expected or will be identical to that of the photos or images you may see through various marketing channels. Supersmile does not make any representation or warranty regarding delivery times in which results will occur.
SAFETY PRECAUTIONS/WARNINGS
As with any type of similar product, Supersmile products may contain ingredients which can cause allergic reactions, and in rare cases such reactions can be severe. You agree to assume all risks associated with potential adverse or allergic reactions. Please consult a physician before trying any Supersmile product you receive that may cause an adverse reaction.
INDEMNIFICATION
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Products, or Content which make up the Service you have selected to participate in with Supersmile.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
LIMITED LIABILITY
IN NO EVENT SHALL SUPERSMILE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS SITE OR THE MATERIALS THEREON OR RESULTING FROM USING SUPERSMILE PRODUCTS. IN THE EVENT THAT SUPERSMILE IS FOUND LIABLE TO YOU OR TO A THIRD PARTY FOR ANY REASON, OUR LIABILITY IS LIMITED TO THE GREATER OF: (A) ANY AMOUNTS YOU HAVE PAID US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM (THAT RESULTED IN LIABILITY) HAVING ARISEN, OR (B) $100 (ONE HUNDRED US DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
MODIFICATION
We reserve the right, in our sole discretion, to modify or replace any of these Subscription Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication.
We may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability. Your continued use of the Services following notification of any changes to these Subscription Terms of Service constitutes acceptance of those changes.
EFFECTIVE DATE OF TERMS OF SERVICE: March 1, 2016
