These
Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) andAlbright
Smiles LLC
("
Company
", “we”,
“us”, or “our”), concerning your access to and
use of thehttps://albrightsmiles.comwebsite as
well as any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto (collectively, the
“Site”). You agree that by accessing the Site, you have read, understood, and
agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF
THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND
YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Terms
of Use at any time and for any reason. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use, and you waive any right
to receive specific notice of each such change. It is your responsibility to
periodically review these Terms of Use to stay informed of updates. You will be
subject to, and will be deemed to have been made aware of and to have accepted,
the changes in any revised Terms of Use by your continued use of the Site after
the date such revised Terms of Use are posted.
The
information provided on the Site is not intended for distribution to or use by
any person or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Site from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
The Site is not tailored to comply with
industry-specific regulations (Health Insurance Portability and
Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws, you
may not use this Site. You may not use the Site in a way that would violate
the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users
who are at least 18 years old. Persons under the age of 18 are not
permitted to use or register for the Site.
INTELLECTUAL
PROPERTY RIGHTS
Unless
otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned
or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws, and
international conventions. The Content and the Marks are provided on the Site
“AS IS” for your information and personal use only. Except as expressly provided
in these Terms of Use, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.
Provided
that you are eligible to use the Site, you are granted a limited license to
access and use the Site and to download or print a copy of any portion of the
Content to which you have properly gained access solely for your personal,
non-commercial use. We reserve all rights not expressly granted to you in and to
the Site, the Content and the Marks.
By
using the Site, you represent and warrant that:
(1) you have the legal capacity and you
agree to comply with these Terms of Use;
(2) you are not a minor in the
jurisdiction in which you reside
; (
3) you will not access the Site
through automated or non-human means, whether through a bot, script or
otherwise; (4) you will not use the Site for any
illegal or unauthorized purpose; and (5) your use of the Site will not
violate any applicable law or regulation.
If you
provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion
thereof).
We make every effort to display as accurately as
possible the colors, features, specifications, and details of the
products available on the Site. However, we do not guarantee that
the colors, features, specifications, and details of the products
will be accurate, complete, reliable, current, or free of other
errors, and your electronic display may not accurately reflect the
actual colors and details of the products.
All products are subject to availability
, and we cannot guarantee that items will be in
stock
. We reserve the right to discontinue any products at any time for any
reason. Prices for all products are subject to change.
We
accept the following forms of payment:
- PayPal
- Discover
- American Express
- Mastercard
- Visa
You
agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Site. You further agree to promptly
update account and payment information, including email address, payment method,
and payment card expiration date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the price of purchases as
deemed required by us. We may change prices at any time. All payments shall
be inU.S. dollars.
You
agree to pay all charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen payment
provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing,
even if we have already requested or received payment.
We
reserve the right to refuse any order placed through the Site. We may, in our
sole discretion, limit or cancel quantities purchased per person, per household,
or per order. These restrictions may include orders placed by or under the same
customer account, the same payment method, and/or orders that use the same
billing or shipping address. We reserve the right to limit or prohibit orders
that, in our sole judgment, appear to be placed by dealers, resellers, or
distributors.
Please
review our Return Policy posted on the Site prior to making any
purchases.
You may not access or
use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As a user
of the Site, you agree not to:
1
.
Systematically retrieve data or other content from
the Site to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from
us.
2
.
Make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users by electronic
or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretenses.
3
.
Use a buying agent or purchasing agent to make
purchases on the Site.
4
.
Use the Site to advertise or offer to sell goods
and services.
5
.
Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that
prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained
therein.
6
.
Engage in unauthorized framing of or linking to
the Site.
7
.
Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information
such as user passwords.
8
.
Make improper use of our support services or
submit false reports of abuse or misconduct.
9
.
Engage in any automated use of the system, such as
using scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction tools.
10
.
Interfere with, disrupt, or create an undue burden
on the Site or the networks or services connected to the Site.
11
.
Attempt to impersonate another user or person or
use the username of another user.
12
.
Sell or otherwise transfer your profile.
13
.
Use any information obtained from the Site in
order to harass, abuse, or harm another person.
14
.
Use the Site as part of any effort to compete with
us or otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
15
.
Decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a
part of the Site.
16
.
Attempt to bypass any measures of the Site
designed to prevent or restrict access to the Site, or any portion
of the Site.
17
.
Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion of the Site to
you.
18
.
Delete the copyright or other proprietary rights
notice from any Content.
19
.
Copy or adapt the Site’s software, including but
not limited to Flash, PHP, HTML, JavaScript, or other code.
20
.
Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use
and enjoyment of the Site or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or
maintenance of the Site.
21
.
Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or active information
collection or transmission mechanism, including without limitation,
clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms” or “pcms”).
22
.
Except as may be the result of standard search
engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that
accesses the Site, or using or launching any unauthorized script or
other software.
23
.
Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site.
24
.
Use the Site in a manner inconsistent with any
applicable laws or regulations.
USER
GENERATED CONTRIBUTIONS
The
Site does not offer users to submit or post
content. We may provide you with the opportunity
to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast
content and materials to us or on the Site,
including but not limited to text, writings,
video, audio, photographs, graphics, comments,
suggestions, or personal information or other
material (collectively, "Contributions").
Contributions may be viewable by other users of
the Site and through third-party websites. As
such, any Contributions you transmit may be
treated in accordance with the Site Privacy
Policy. When you create or make available any
Contributions, you thereby represent and warrant
that:
1. The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or copying
of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret,
or moral rights of any third party.
2. You are the creator and owner of
or have the necessary licenses, rights, consents, releases, and permissions
to use and to authorize us, the Site, and other users of the Site to use
your Contributions in any manner contemplated by the Site and these Terms of
Use.
3. You have the written consent, release, and/or permission of each
and every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated by
the Site and these Terms of Use.
4. Your Contributions are not false,
inaccurate, or misleading.
5. Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of solicitation.
6. Your
Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by
us).
7. Your Contributions do not ridicule, mock, disparage, intimidate,
or abuse anyone.
8. Your Contributions do not advocate the violent
overthrow of any government or incite, encourage, or threaten physical harm
against another.
9. Your Contributions do not violate any applicable
law, regulation, or rule.
10. Your Contributions do not violate the
privacy or publicity rights of any third party.
11. Your Contributions
do not contain any material that solicits personal information from anyone
under the age of 18 or exploits people under the age of 18 in a sexual or
violent manner.
12. Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect the health or
well-being of minors;
13. Your Contributions do not include any
offensive comments that are connected to race, national origin, gender,
sexual preference, or physical handicap.
14. Your Contributions do not
otherwise violate, or link to material that violates, any provision of these
Terms of Use, or any applicable law or regulation.
Any use
of the Site or the Marketplace Offerings in violation of the
foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the Site and
the Marketplace Offerings.
You and Site agree
that we may access, store, process, and use any information and personal data
that you provide following the terms of the Privacy Policy and your choices
(including settings).
By submitting suggestions
or other feedback regarding the Site, you agree that we can use and share such
feedback for any purpose without compensation to you.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly
agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
GUIDELINES FOR REVIEWS
We may
provide you areas on the Site to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1)
you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity,
or abusive, racist, offensive, or hate language; (3) your reviews
should not contain discriminatory references based on religion,
race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated
with competitors if posting negative reviews; (6) you should not
make any conclusions as to the legality of conduct; (7) you may not
post any false or misleading statements; and (8) you may not
organize a campaign encouraging others to post reviews, whether
positive or negative.
We may
accept, reject, or remove reviews in our sole discretion. We have
absolutely no obligation to screen reviews or to delete reviews,
even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our
opinions or the views of any of our affiliates or partners. We do
not assume liability for any review or for any claims, liabilities,
or losses resulting from any review. By posting a review,
you hereby
grant to us a perpetual, non-exclusive, worldwide, royalty-free,
fully-paid, assignable, and sublicensable right and license to
reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to reviews.
SUBMISSIONS
You acknowledge
and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site or the Marketplace Offerings ("Submissions") provided by
you to us are non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you. You hereby waive
all moral rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to submit such Submissions.
You agree there shall be no recourse against us for any alleged or actual infringement
or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or
you may be sent via the Site or the Marketplace Offerings) links to other websites
("Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we
are not responsible for any Third Party Websites accessed through the Site or any
Third-Party Content posted on, available
through, or installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking
to, or permitting the use or installation of any Third-Party Websites or any Third-PartyContent does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own
risk, and you should be aware these Terms of Use no longer govern. You should review
the applicable terms and policies, including privacy and data gathering practices,
of any website to which you navigate from the Site or relating to any applications
you use or install from the Site. Any purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between you and the applicable
third party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites
and you shall hold us harmless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us harmless from any losses
sustained by you or harm caused to you relating to or resulting in any way from any
Third-Party Content or any contact with
Third-Party Websites.
ADVERTISERS
We allow advertisers to
display their advertisements and other information in certain areas of the Site,
such as sidebar advertisements or banner advertisements. If you are an advertiser,
you shall take full responsibility for any advertisements you place on the Site and
any services provided on the Site or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and
authority to place advertisements on the Site, including, but not limited to,
intellectual property rights, publicity rights, and contractual rights.
We simply provide the
space to place such advertisements, and we have no other relationship with advertisers.
SITE MANAGEMENT
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of these Terms of
Use; (2) take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Terms of Use, including without limitation, reporting such
user to law enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our
sole discretion and without limitation, notice, or liability, to remove from the Site or
otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner designed to
protect our rights and property and to facilitate the proper functioning of the Site and
the Marketplace Offerings.
PRIVACY
POLICY
We care about data
privacy and security. Please review our Privacy Policy:
privacy-policy.html. By using the Site or the Marketplace
Offerings, you agree to be bound by our Privacy Policy, which is incorporated into
these Terms of Use. Please be advised the Site and the Marketplace Offerings are
hosted intheUnited States
. If you access the Site or the Marketplace
Offerings from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from applicable
laws in
theUnited States
, then through your continued use of the Site, you are transferring your data
to
theUnited States
, and you expressly consent to have your data transferred to and processed in
theUnited States
.
TERM AND
TERMINATION
These Terms of Use shall
remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE
OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR
FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE
MARKETPLACE OFFERINGS OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we terminate or
suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take appropriate
legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
MODIFICATIONS AND
INTERRUPTIONS
We reserve the right to
change, modify, or remove the contents of the Site at any time or for any reason at
our sole discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all or
part of the Marketplace Offerings without notice at any time. We will not be liable
to you or any third party for any modification, price change, suspension, or
discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the
Site and the Marketplace Offerings will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Site, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Site or the
Marketplace Offerings at any time or for any reason without notice to you. You agree
that we have no liability whatsoever for any loss, damage, or inconvenience caused
by your inability to access or use the Site or the Marketplace Offerings during any
downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in
these Terms of Use will be construed to obligate us to maintain and support the Site
or the Marketplace Offerings or to supply any corrections, updates, or releases in
connection therewith.
GOVERNING LAW
These Terms of Use and
your use of the Site and the Marketplace Offerings are governed by and construed in
accordance with the laws of
the State of
Florida
applicable to agreements made and to be entirely performed within
the State ofFlorida
, without regard to its
conflict of law principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite
resolution and control the cost of any dispute, controversy, or claim related to
these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by
either you or us (individually, a “Party” and collectively, the “Parties”), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at leastthirty (30)
days before initiating arbitration. Such informal negotiations commence upon
written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes expressly excluded below)
will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL. The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA") and, where
appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA
Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share
of arbitrator compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by
phone, or online. The arbitrator will make a decision in writing, but need not
provide a statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails to do
so. Except where otherwise required by the applicable AAA rules or applicable law,
the arbitration will take place in
Florida
. Except as otherwise provided herein,
the Parties may litigate in court to compel arbitration, stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the award entered
by the arbitrator.
If for any reason,
a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced
or prosecuted in the
state and federal courts
located in
Florida
, and the Parties hereby consent to, and waive all defenses
of lack of personal jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in suchstate and federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either
Party related in any way to the Site be commenced more thanone
(1)years after the cause of action arose.If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be
limited to the Dispute between the Parties individually. The the full extent permitted
by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of the general public or
any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal negotiations binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or arising
from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within
that portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
CORRECTIONS
There may be information on the Site that
contains typographical errors, inaccuracies, or omissions that may relate to the
Marketplace Offerings, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or omissions and
to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE
SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S
CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF
LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES,
OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE
OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THEone (1)
mONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees,
from and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and
warranties set forth in these Terms of Use; (4) your violation of the rights of a
third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any
other user of the Site with whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims. We
will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
USER
DATA
We
will maintain certain data that you transmit to the Site for the purpose of managing
the performance of the Site, as well as data relating to your use of the Site.
Although we perform regular routine backups of data, you are solely responsible for
all data that you transmit or that relates to any activity you have undertaken using
the Site. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against us
arising from any such loss or corruption of such data.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that
all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
CALIFORNIA USERS AND
RESIDENTS
If
any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These
Terms of Use and any policies or operating rules posted by us on the Site or in
respect to the Site constitute the entire agreement and understanding between you
and us. Our failure to exercise or enforce any right or provision of these Terms of
Use shall not operate as a waiver of such right or provision. These Terms of Use
operate to the fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Terms of Use and does not affect the
validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a
result of these Terms of Use or use of the Site. You agree that these Terms of Use
will not be construed against us by virtue of having drafted them. You hereby waive
any and all defenses you may have based on the electronic form of these Terms of Use
and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT
US
In
order to resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us at:
Albright Smiles LLC
415 Fernwood St
Panama City Beach
,FL
32407-2929
United States
Phone:
(+1)2053290759
albrightsmiles@gmail.com