SMILE BRANDS INC. & ITS AFFILIATES (“SMILE BRANDS”) LEGAL NOTICE AND TERMS AND CONDITIONS (“Terms”)
Welcome to the Smile Brands website (the “Website”). These Terms apply to your access to, and use of, all or part of any website, or web application of Smile Brands, or its subsidiaries and affiliated companies (collectively, “Smile Brands”), where these Terms are posted (collectively, the “Sites”). By accessing or using the Sites in any manner, you acknowledge that you have read, understood, and unconditionally agree to be bound by these Terms, as well as all applicable laws and regulations. If you do not agree, please do not use the Sites. Smile Brands may revise these Terms at any time by posting an updated version. Your continued use of the Sites after such changes constitutes your acceptance of the updated Terms.
The information on the Website, including, without limitation, all design, text, images, press releases, and other information, is protected under United States and other copyright laws and is owned by Smile Brands 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 part 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 to 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, you 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 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), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website.
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 this website has been compiled and provided by Smile Brands in good faith.
However, Smile Brands makes no guaranty, representation or warranty about the completeness, correctness, reliability or accuracy of the information contained herein. This website, including all information, services, products and materials contained herein, is provided “as is” and without any guaranty, representation or warranty of any kind, either expressed or implied. Smile Brands hereby disclaims, to the fullest extent allowed under applicable law, all guaranties, representations and warranties, express or implied, regarding this website and its contents and operation and the information, services, products and materials provided herein, including, but not limited to implied warranties of merchantability and fitness for a particular purpose. Smile Brands does not warrant that the functions contained in this website will be uninterrupted or error free, that defects will be corrected, or that this site or the server on which this site is located are free, or will be free, of viruses or other harmful components.
SMILE BRANDS ASSUMES NO LIABILITY FOR LOSS OR DAMAGE WHATSOEVER RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENT. IN NO EVENT WILL SMILE BRANDS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENT, THE USE THEREOF, OR THE INABILITY TO USE THE SITE, EVEN IF SMILE BRANDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY WARRANTY DISCLAIMER OR LIMITATION ON LIABILITY IN THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SMILE BRANDS UPON ANY CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF THE SITE, ITS USE OR ITS CONTENT SHALL NOT EXCEED TEN DOLLARS ($10.00).
The inclusion in this 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.
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 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 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.
Smile Brands is committed to protecting both your personal and health information. We comply with all applicable federal and state privacy laws, including the Health Insurance Portability and Accountability Act (“HIPAA”). For more information, please see our Notice of Privacy Practices and Privacy Policy. [do hyperlinks]
Linked Websites. The Website may contain links to other websites. Such links are meant solely for the user’s convenience. Smile Brands has no control over and is not responsible for the content found on external websites. Links to such third-party websites do not constitute sponsorship, endorsement or approval of such websites or the contents thereof. Accordingly, Smile Brands does not make any representations concerning the privacy practices or terms of use of such websites, nor does Smile Brands control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, video, messages or other materials available on such websites. If you decide to access any of the third-party websites linked to the Website, you do this entirely at your own risk.
AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.
The laws of the State of California (exclusive of its choice of law principles) will apply to all matters relating to 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.
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. Smile Brands may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
