Web Site Terms & Conditions
• Your acceptance of these terms and conditions.
By visiting the SmileOver website and/or using or accessing SmileOver's service (the "Service") in any manner, and whether at the SmileOver website or through a third party website or other interface, you certify that (a) you are at least 18 years of age, (b) if you are providing access to the Service to any person who is under 18 years of age, you are such person's parent or legal guardian and you consent to the use of the Service by such person only under your direct supervision and subject to any reasonable verification required by SmileOver, and (c) you expressly agree to be bound by these terms and conditions of service (these "Terms"). Your use of the Service is expressly conditioned upon the certifications listed above and your acceptance of these Terms. If the certifications above are not true, or if you do not agree to any part of these Terms, you may not use the Service. SmileOver reserves the right to update and revise these Terms from time to time without notice to or acceptance by you.
• Additional terms and conditions may apply to you.
The Service may integrate with other services or websites provided by third parties. If you access or use the Service through a third party website or other interface, or if you use a software or other product in connection with the Service, you may be subject to terms and conditions in addition to these Terms. In addition, use of any SmileOver software product is subject to the license terms and conditions provided with such product. Personally identifiable information provided by you, if any, shall be subject to SmileOver's privacy policy, which is incorporated into these Terms and is published at http://www.SmileOver.com/privacy.
• SmileOver Quality.
SmileOver attempts to give you an accurate and realistic image of what you could look like with a cosmetic dental makeover. However actual results will vary based on a variety of factors that only a dentist can assess. Because of these factors, SmileOver neither claims nor guarantees your actual results will look like your "Virtual Smile Makeover.� Therefore we urge you to discuss your before and after photos with a cosmetic dentist.
• Advertisements and communications.
The Service may include advertisements and/or communications from SmileOver and its advertisers. SmileOver will not place advertisements that may be deemed generally offensive or inappropriate. However, you understand and agree that the placement and timing of such advertisements and/or communications shall be determined by SmileOver in its sole discretion. You agree that you shall not alter or remove any such advertisements or communications. If you find a particular advertisement offensive, you may contact SmileOver at info@SmileOver.com and provide your comments or ask to have the advertisement removed. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SmileOver shall not be responsible or liable for any loss or damage whatsoever incurred as the result of any of the foregoing.
• Automatic Renewal
3-Month Trial Users: If you do not cancel your Trial Membership before the end of your Trial, it will be assumed that you are satisfied with your membership and your account will convert into a 6-Month Membership without further notice. At that time, your credit card on file will be charged according to SmileOver's listed rates at the time of the upgrade.
All Other Users: Unless you cancel your membership before the end of your membership period, your SmileOver account will automatically renew. At that time, your credit card on file will be charged according to SmileOver's listed rates at the time of renewal.
• Cancellation:
To cancel your subscription you must contact SmileOver Systems requesting cancellation prior to your subscription renewal date via email at mail@smileover.com or general mail (USPS) at SmileOver Systems, LLC. 9201 N. 25th Ave., Ste 120, Phoenix, AZ 85021. No refunds are given for any membership cancelled beyond 3 days after renewal date.
• Links.
The Service may provide, or third parties may provide, links to other websites or resources. SmileOver has no control over such sites and resources. Therefore, you acknowledge and agree that SmileOver is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. In addition, you acknowledge and agree that SmileOver shall have no responsibility or liability whatsoever for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource.
• Certain information provided by you.
If requested by SmileOver to provide information, such as in connection with a registration process, your use of the Service shall be conditioned upon providing such information, and in such event you agree to provide true, accurate, current and complete information as prompted by the Service's interface, and you agree to update such information as necessary from time to time to keep it true, accurate, current and complete.
• Email Newsletter And Mailing List.
If you choose to join SmileOver's email newsletter or our mailing list, (found in the dentist's section) you will receive monthly or bi-monthly emails from SmileOver. All emails you receive will be about SmileOver and the services we offer, as well as pertinent information about cosmetic dentistry and other information that we hope will be helpful to you in your dental practice. We will not abuse your trust by sending emails too frequently or too often. Also, at any time you may remove your self from our email or mailing list by emailing remove@smileover.com and put the word “remove� in the subject line. If you choose to share your mailing address with SmileOver, then you may also receive periodic literature via physical mail. Just like our email newsletter, all information that we mail to you will be related to SmileOver, our services and cosmetic dentistry.
• Certain information provided by you.
If requested by SmileOver to provide information, such as in connection with a registration process, your use of the Service shall be conditioned upon providing such information, and in such event you agree to provide true, accurate, current and complete information as prompted by the Service's interface, and you agree to update such information as necessary from time to time to keep it true, accurate, current and complete.
• Termination.
SmileOver reserves the right to terminate your access to and/or use of the Service and remove and discard any Content at any time for any reason, including without limitation any failure to comply with any part of these Terms. SmileOver also reserves the right to discontinue providing all or part of the Service. You agree that any termination of your access to or use of the Service and any discontinuation by SmileOver in providing the Service may be effected without notice to you and that SmileOver shall be under no obligation to retain any Content, provide any further access to any Content or return any Content to you. You agree that SmileOver shall not be liable to you or any third-party for any such termination or for any interruption or discontinuation of the Service.
• Responsibility for activities.
You are fully and solely responsible for all your activities in connection with your access to or use of the Service and for all activities that occur under your account, if any, in connection with the Service. If you become aware of any unauthorized use of the Service, you agree to immediately notify SmileOver. SmileOver shall not be liable to you or to any third party for any loss or damage arising as a result of any of the foregoing activities, your failure to notify SmileOver as required in this section or any acts or omissions by any person who accesses or uses the Service.
• Content.
You acknowledge and agree that all information, data, text, photographs, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. You are entirely responsible for all Content that is uploaded, posted, transmitted or otherwise made available via the Service by you or through your account, if any. You understand that Content may in some cases be viewed through third party websites or interfaces through which the Service is accessed and/or used and that SmileOver does not control such third party websites and interfaces. You represent and warrant that you own or have the necessary rights in and to any and all Content (including written consent for each individual person identifiable in such Content to use the name or likeness of each such person in the manner contemplated by the Service) uploaded, posted, transmitted or otherwise made available via the Service by you. SmileOver does not control the Content provided to the Service and does not guarantee the accuracy, integrity or quality of any such Content. Under no circumstances will SmileOver be liable to you or to any third party in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of any access to or use of any Content posted including SmileOver's digital modification of photographs, transmitted or otherwise made available via the Service. You acknowledge that SmileOver is under no obligation to pre-screen or otherwise review any Content, but also that SmileOver and its designees shall have the right in their sole discretion for any reason and without notice to refuse, move or remove and discard any Content submitted, posted or otherwise available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, and you shall not rely on the accuracy, completeness, usefulness or nature of such Content. You acknowledge and agree that SmileOver may preserve Content and may also disclose Content to others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SmileOver, its users and the public. You understand that the technical processing and transmission of the Service, including Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
• License to Content.
SmileOver does not claim ownership of your Content posted, transmitted or otherwise made available by you via the Service. By submitting Content via the Service, and until such Content is removed, you grant SmileOver a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish such Content solely for the purpose of providing the Service. SmileOver Systems, LLC shall retain ownership of the digitally modified “SmileOver� photo files produced by SmileOver. When purchasing a SmileOver Virtual Smile Makeover, the paying party is buying the access to view and print the SmileOver graphic design services. Both the “before� and “after� photos will be provided to the user and one or more SmileOver member dentists. SmileOver will typically retain these images in its archives for a period of three (3) months.
• Use of Your Photos.
SmileOver may from time to time temporarily post “before� and “after� photos of selected individuals on the SmileOver website in order to showcase the work it provides. By using the site, you expressly agree to allow SmileOver to publicly post your “before� and “after� photos, on its website for any length of time without further approval. In such an instance, your total compensation will be one free SmileOver Virtual Smile Makeover which you may use for yourself or give to a friend or family member. While SmileOver has the right to publicly post your photo on its website without your further approval, SmileOver does not wish to offend its users. Therefore it is usual but not required for SmileOver to contact a user for permission via email prior to posting his or her photos.
• Conduct.
SmileOver shall determine in its sole discretion what action, if any, shall be taken in the event of any discovered or reported violation of the following terms. You agree that you shall not, and you shall not permit others using your account, if any, to: (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (including without limitation any personal information except with written consent of the owner of such personal information), hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including without limitation any SmileOver personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or contractual or fiduciary relationship; (f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party; (g) upload, post, or transmit unsolicited commercial email or "spam" or engage in any practice that is in any way connected with "spam"; (h) upload, post or otherwise transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of or monitor or persistently reside in or on any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (j) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including without limitation any laws or regulations relating to securities, privacy and export control; (k) "stalk" or otherwise harass another; (l) engage in, promote or provide instructional information about, or provide photo Content depicting, illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; (m) promote, offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to promote, offer or sell, including all necessary licenses and authorizations, or (iii) SmileOver determines, in its sole discretion, is inappropriate for sale through the Service; (n) use the Service as a forwarding service to another website; or (o) exceed the scope of the Service that you have signed up for.
• Notices of Infringement; Digital Millennium Copyright Act.
If you believe that material made available via the Service infringes your copyright or other intellectual property rights, you agree to provide notice of such suspected infringement to the following person, who is SmileOver's designated agent for the purposes of the Digital Millennium Copyright Act (17 U.S.C. 512):
Rusty Pile, SmileOver, Inc., 9201 N. 25th Avenue, Phoenix, AZ 85021
• Indemnification.
You agree to defend, indemnify and hold harmless SmileOver Systems, LLC, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any Content uploaded, posted, transmitted or otherwise made available by you via the Service or digital modification by SmileOver to a posted photo caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
• Proprietary rights and restrictions.
You acknowledge and agree that the Service and any software accessed through or provided in connection with the Service contains proprietary and confidential information of SmileOver, its licensors and others that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you in connection with or through the Service is protected by laws and regulations relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorized by SmileOver or its licensors or advertisers, as applicable, you agree not to modify, copy, rent, lease, loan, sell, resell, distribute, create derivative works from, or exploit the Service or such software, in whole or in part. Any Content or other information, materials or ideas transmitted by you to SmileOver may be disseminated or used by SmileOver or its affiliates for any purpose without compensation or liability, including without limitation in developing, manufacturing, marketing and selling products and services, subject to Content and certain other information provided by you that is covered by SmileOver's privacy policy.
• SmileOver may change or discontinue the Service.
You acknowledge that SmileOver may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. SmileOver may at any time and from time to time to modify or discontinue, temporarily or permanently, all or any part of the Service with or without notice. SmileOver is under no obligation to preserve, provide access to or return to you any Content. You agree that SmileOver shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
• Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMILEOVER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) SMILEOVER WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, SMILEOVER IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. SMILEOVER DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SERVICE WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
• Limitation of liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMILEOVER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMILEOVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
• Miscellaneous.
(a) Notices to you may be made via either email or regular mail, and notices of changes to these Terms or other matters may be made, if at all, by displaying notices or links to notices to you generally on the Service; (b) These Terms and the relationship between you and SmileOver shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Phoenix, Arizona; (c) No failure of SmileOver to exercise or enforce any right or provision of these Terms shall constitute a waiver of such right or provision; (d) The current version of these Terms and SmileOver's privacy policy constitute the entire agreement between you and SmileOver relating to the Service, superseding any prior agreements between you and SmileOver; (e) If any provision of these Terms or incorporated documents are found adjudicated invalid, such provision shall be reformulated to give the maximum enforceable effect to the intent of the original provision or SmileOver may terminate your access to and use of the Service, and the other provisions of these Terms and incorporated documents shall remain in full force and effect; (f) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one year after such claim or cause of action arose or be forever barred; and (g) Section titles in these Terms are for convenience only and have no legal or contractual effect.
