For All The Smiles LLC TERMS & CONDITIONS
Last updated [october 13, 2022]
Agreement to Terms
For All The Smiles LLC owns and operate this Website. This document governs your relationship with http://forallthesmiles.com/ (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
We are not a medical or dental service provider. Any telemedicine consultations received through our website or in conjunction with the usage of our Services are delivered by independent dentists located in the United States.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by For All The Smiles LLC. For All The Smiles LLC has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
NOTICE OF ARBITRATION: THERE IS A BINDING ARBITRATION PROVISION IN THESE TERMS. UNLESS OTHERWISE STATED, YOU HEREBY KNOWINGLY AND VOLUNTARILY AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED BELOW, ALL DISPUTES BETWEEN YOU AND FOR ALL THE SMILES LLC WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND THAT YOU WAIVE THE RIGHT TO SEEK JURY TRIAL FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE Additionally, YOU AGREE TO WAIVE YOUR RIGHT TO TAKE PART IN A CLASS ACTION LAWSUIT OR A CLASS-WIDE ARBITRATION KNOWINGLY AND VOLUNTARILY. YOU ADDITIONALLY ACKNOWLEDGE THAT YOU ARE DOING THIS OF YOUR OWN FREE WILL AND NOT AS A RESULT OF ANY REPRESENTATIONS OR PROMISES APART FROM THOSE CONTAINED IN THESE TERMS.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at [Privacy Policy Link]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and For All The Smiles LLC will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of For All The Smiles LLC or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by For All The Smiles LLC and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Emergencies
THIS WEBSITE IS NOT AN EMERGENCY RESPONSE OR MONITORING SERVICE, AND ANYONE WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT SOMEONE MAY BE IN DANGER OF HARM OR DEATH, OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON, SHOULD CALL "911" OR AN APPROPRIATE EMERGENCY RESPONDER. FOR ALL THE SMILES LLC IS NOT RESPONSIBLE FOR SUPERVISING OR REACTING TO COMMUNICATIONS SENT TO THIS WEBSITE.
Age restrictions
Only those who are at least 18 years old are permitted to use this website and the Services. This website's content might not be suitable for kids in some cases. This website is not appropriate for use by anyone under the age of 13. Children between the ages of 13 and 17 are advised to obtain parental or guardian consent before visiting our website. By using the Services, anyone under the age of 18 is using it at their own risk.
Professional Advice Disclaimer.
For the convenience of our website visitors and customers, we give all data, information, text, graphics, links, and other content on this site as well as any information found on or in any product packaging or labels (collectively, the "Educational Content"). The offered educational content is only meant to serve as general educational and informational material; it is not meant to be a substitute for dentistry or other professional medical advice, nor is it to be used in the diagnosis or treatment of any disease or symptom. The usage of the Services does not establish a doctor-patient relationship with For All The Smiles LLC; educational content is not the same as the dispensing of dental advise or the practice of professional health care.
Any specific inquiries you may have concerning dental care, any dental or medical conditions you may be having, or any concerns you may have should be directed to a dentist or other trained health care practitioner. The information provided in the educational content is not all-inclusive, does not address all orthodontic or dental issues or conditions, and is not meant to be a substitute for medical advice from an orthodontist, dentist, or other qualified expert. Based on the Educational Content, any websites that are linked to or from this website, your use of the Services, or any other information, you should never reject expert counsel or put off obtaining treatment.
Registration
To access some website content, registration is not necessary. However, in order to access certain features of the Services, you might need to sign up and submit personal data about yourself, such as your email address and password ("Credentials"). If you register to use the Services, you agree to be accountable for all actions taken using your registration account. At the time of registration, you promise to give information that is true, accurate, complete, and correct, and to immediately update it as necessary to keep it that way. You should not divulge your Credentials to anyone else and should keep them confidential. You are in charge of protecting the privacy of your Credentials. Send us a support request right away if you think someone has accessed the website using your Credentials without your permission.
Service Terms
For All The Smiles LLC or the third party provider of the product or service will ask you for information that is relevant to your Transaction if you wish to purchase any of the goods or services mentioned on the website or linked to there (each such purchase is referred to as a "Transaction"). This information may include, without limitation, credit card and other payment and shipping details. You are aware that if For All The Smiles LLC receives any such information, For All The Smiles LLC will handle it in accordance with our Privacy Policy. By providing such information, you give For All The Smiles LLC permission to share it with third parties in order to facilitate the completion of Transactions that you or someone acting on your behalf has initiated. You consent to paying all fees incurred by you or any users of your membership account using your credit card or another appropriate payment method at the price(s) in effect at the time such fees are incurred. This includes, but is not limited to, all shipping and handling fees. In addition, you are liable for paying any taxes that may be due on your purchases. You CERTIFY AND REPRESENT THAT ANY CREDIT CARDS OR OTHER PAYMENT MECHANISM USED IN CONNECTION WITH ANY TRANSACTION ARE AUTHORIZED TO BE USED BY YOU.
It is not implied that For All The Smiles LLC endorses any products or services by descriptions, illustrations, or other references to them on the website. Without prior notice, we reserve the right to modify these descriptions or references, to impose a cap on the number of orders that can be placed for a given good or service, and/or to refuse your request for service. Before accepting any order, For All The Smiles LLC may need to verify the details pertaining to the purchase. Any product or service's price and availability are subject to change without prior notice. Errors in any product or service's prices or descriptions are not For All The Smiles LLC's fault. Refund and exchange policies must be followed if they were in place at the time of the relevant Transaction by For All The Smiles LLC and/or any applicable third parties. You can get the most recent prices for any good or service offered on the website by sending a support request.
You will receive electronic communications from For All The Smiles LLC regarding your order purchase amount and shipment notification at the email address you provide. You agree to receive these communications from us by making a purchase. Although any subsequent communications made through the customer portal will be encrypted, these communications are not encrypted.
Restrictions
There can be limitations on discounts, promotions, competitions, or regularly priced items when purchasing goods or services that are advertised or linked to on the website (any such purchase is referred to as a "Transaction"). Without prior notice, we retain the right to amend any order quantity limits, descriptions, or references for any product or service.
Subscriptions
You hereby authorize For All The Smiles LLC and its service providers to charge your credit card for the amounts and at the intervals described on our Service (or at approximately those intervals to account for holidays and other irregularities) until you terminate your Service Subscription if you purchase a subscription for repeated deliveries or other ongoing Services by For All The Smiles LLC or ongoing products or services offered through For All The Smiles LLC's website ("Service Subscription"). We won't keep delivering goods or renewing your Service Subscription if your credit card expires, is cancelled, is above the limit, or is otherwise denied for any reason unless your account and payment details are updated. We may, but are not required to, get in touch with you to let you know about the problem via one of the appropriate channels listed in this privacy statement, such as SMS short code messaging, email, telephone, letter, etc.
You may choose the frequency of product delivery when you buy a Service Subscription, as well as the subscription's total pre-paid duration.
You will be charged the appropriate subscription and delivery fees until you cancel your subscription or we terminate it. Your service subscription will automatically renew at the frequency specified on your subscription page (or monthly if no frequency is specified) at the end of the pre-paid period. You will get reminders about the renewal and the renewal policies prior to the renewal. You will be able to cancel the auto-renewal or subscription service online or by any other mode that suits you, regardless of whether you agreed to the continuous or auto-renewal service online, over the phone, or in any way compatible with For All The Smiles LLC policies. By submitting a support request or utilizing the manage subscription function in your account settings, you can cancel your membership at any moment.
We reserve the right to change the cost of any membership at any time and in any way we see fit, based solely on our own judgment. Any pricing changes to your Service Subscription, unless otherwise specifically provided for in this Agreement, shall take effect on the date of your next renewal.
Termination or Suspension of Use
In addition to any remedies available to For All The Smiles LLC, your failure to comply with the terms of this Agreement may result in suspension or termination of your access to the Services, including the user's account, without prior notice. Any user's access to or use of the Services may be terminated by For All The Smiles LLC at any time and without prior notice for any reason.
Online Communities and Social Media
It's possible that For All The Smiles LLC will provide you the chance to share information with others on third-party social media platforms like Facebook, Instagram, LinkedIn, Twitter, Google+, or other websites with a similar user interface (collectively, "Social Media Sites"). Additionally, For All The Smiles LLC could provide you the chance to join in online forums on these social media sites and might have message boards, chats, and other forums on this website. You can submit your tagged content for prospective inclusion on our website by, for instance, using your Instagram account to tag your pictures and posts (referred to as "Tagged Content") with hashtags that we may occasionally offer. Your activity and participation are controlled by these Terms if you publish tagged content with hashtags as we may do from time to time. You are still in charge of adhering to any other applicable terms and conditions, including those of Instagram and other social media platforms. Without limiting any other commitments, you promise to respect individuals and their privacy and refrain from posting pictures of people without their express consent.
You grant For All The Smiles LLC a perpetual, worldwide, royalty-free, transferable, and sub-licensable right and license to use your content, postings, and Tagged Content in any form or format if you participate in For All The Smiles LLC's online community, discussion board, or other forum and agree that anything you submit is being provided by you voluntarily, on a non-confidential basis, and without any compensation due to you. You further acknowledge and agree that (a) Any material or content that is illegal, threatening, harassing, obscene, indecent, lewd, violent, abusive, libelous, defamatory, false, or an expression of political or hate speech will not be published, transmitted, or linked to by you; (b) Any third party's rights, including copyright, trademark, trade secret, privacy, personal, publicity, moral, or property rights, may not be violated, plagiarized, or otherwise infringed by you; (c) Only photos or content for which you have the copyright or other authorization to distribute electronically may be posted, uploaded, or sent by you; (d) You acknowledge that all Tagged Content and materials you post or upload are either your own or public domain; (e) You are not allowed to knowingly publish, produce, upload, or transmit any software or other materials that contain a virus or other potentially harmful software; (f) It is prohibited to advertise on the website, solicit other users, send chain letters or other communications, mass mailings, bulk emails, or other bulk messages, or collect email addresses with the intention of sending bulk emails or other messages to website visitors; (g) if you choose to submit Tagged Content or post items in public or "chat" areas of the website, such material, information, photographs, and other information you post in these public or group areas of the website are available to other users, and For All The Smiles LLC does not guarantee, warrant, or take any other measures to prevent other users from copying, displaying, uploading, transmitting, or otherwise using your material, information, photographs, or other information; (h) you will always use caution when publishing personally identifiable information and never trade addresses, phone numbers, or other personal details; (i) You won't publish any content that disobeys laws or regulations; (j) You won't use the identity of another live person or impersonate anybody else; and (k) You'll accurately portray your personal experience in your postings.
Your access to any For All The Smiles LLC online community, including access through the website, may be terminated or restricted by For All The Smiles LLC.
Choosing and Eliminating Tagged Content
We make no guarantees that your tagged content will be uploaded; For All The Smiles LLC will analyze tagged content and choose certain tagged content for publication on our website. Despite the aforementioned, you are still entirely responsible and accountable for your Tagged Content and ensuring that it complies with all relevant laws, these Conditions, and other applicable terms of use. You can ask for the removal of your tagged content if it has been put on our website by designating it as "private" in your social media site account or by sending a support ticket.
Monitoring
Any material that you or third parties communicate or publish on or to the website or any connected websites, if any, or any chat rooms, discussion boards, or other areas is at your own risk. You understand and agree, however, that we have the right (but not the obligation) to monitor the website, discussion boards, chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to maintain the website's functionality, to safeguard ourselves, our sponsors, and other users.
Terms and Conditions for SMS Short Code
By giving For All The Smiles LLC access to your mobile phone number, you consent to our use of it to send you five-digit SMS short codes with vital transactional information and updates on your application process, queries, orders, and treatment. These messages, including the quantity of messages and each message's size, will differ for each user depending on a variety of variables, such as the amount of support you need to finish the procedure, how your requirements are assessed during the service process, and how long you get therapy. For communications that are delivered or not, carriers are not responsible.
Assistance and Opt-Out for Mobile Users
By responding "STOP" to any SMS message you get from For All The Smiles LLC, you can stop receiving texts at any moment. Future SMS updates will no longer be received after this. You can reach a member of For All The Smiles LLC's staff by responding "HELP," or you can phone our help line at: ________________.
Fees for Mobile Users
Users of For All The Smiles LLC are not assessed any additional costs for sending or receiving text messages. Nevertheless, your cell carrier may impose costs for these identical texts in addition to your message and data charges.
SMS Security
The business respects your privacy. The only purpose for which we'll utilize the data you give us is to send you text messages. However, we always retain the right to reveal any information where we deem it essential to do so in order to comply with the law, a rule, or a government request; to avoid responsibility; or to protect our rights or property. You should be cautious while sending text messages to For All The Smiles LLC's customer care partners since they might not be encrypted or otherwise safe through your phone carrier / service provider. You may check our Privacy Policy for additional information about your privacy and For All The Smiles LLC's commitment to you.
Digital Millennium Copyright Act (DMCA) Notice And Policy
Notifications
We honor other people's rights to their intellectual property. Please immediately notify our Designated Copyright Agent using the contact information provided below (a "Notification") if you think any content on or accessible via the Site violates any copyright you are the owner of or otherwise have control over.
The individual who posted or stored the content mentioned in your notification will receive a copy of it. Please be aware that if you make serious misrepresentations in a Notification, you may be held accountable for damages under federal law. Therefore, you should think about first consulting an attorney if you are unsure if any content on the Site or one of its links violates your copyright.
Counter Notification
You can send us/our Designated Copyright Agent a written counter notification (a "Counter Notification") if you think your own copyrighted content was taken from the Site due to an error or misidentification. The contact information is provided below.
If you send us a legitimate, written Counter Notification, we will reinstate the material that has been removed or disabled unless we first receive notification from the party who filed the Notification informing us that such party has initiated legal action to prevent you from engaging in infringement-related activity.
Please be aware that you might be held accountable for damages, including costs and attorney's fees, if you materially misrepresent that the content was disabled or removed by mistake or misidentification. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Attn: Copyright Agent
365 S. Redwood Ave, San Jose California 95128, United States
Copyright Infringements
We honor other people's rights to their intellectual property. Please contact us straight away using the details listed below (a "Notification") if you feel that any content on or accessible via the Site violates any copyright you may have. The individual who posted or stored the content mentioned in your notification will receive a copy of it.
Please be aware that if you make serious misrepresentations in a Notification, you may be held accountable for damages under federal law. Therefore, you should think about first consulting an attorney if you are unsure if any content on the Site or one of its links violates your copyright.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law For All The Smiles LLC and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with For All The Smiles LLC and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to For All The Smiles LLC.
Indemnity
You agree to indemnify, defend and hold harmless For All The Smiles LLC, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation
For All The Smiles LLC shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Binding Arbitration
All disputes between For All The Smiles LLC and You will be arbitrated. In contrast to a court case, arbitration is less formal and aims to settle disagreements faster. The dispute will be handled by a neutral arbitrator who has the authority to provide the same damages and relief as a court may instead of a judge or jury. You are giving up your rights to have your case decided by a jury and to take part in a class action lawsuit against For All The Smiles LLC by agreeing that any arbitration under this agreement will only be conducted on an individual basis; class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. If any part of this arbitration agreement is deemed to be unenforceable, the remainder of the arbitration conditions will still be enforceable (but in no case shall there be a class arbitration). According to this clause and the relevant arbitration rules for that venue, all Disputes shall be ultimately and solely decided by binding individual arbitration conducted by a single arbitrator under the administration of ADR Services, Inc. Consumer claimants (those whose transaction is for personal, family, or home use) may decide to take their case to court rather than arbitrate it. Full application of the Federal Arbitration Act, 9 U.S.C. 1-16, is made. Any arbitration hearing will take place in the county or parish where you now reside if you are a consumer filing a claim pertaining to personal, home, or family usage. Otherwise, any arbitration hearing shall be held any venue as the parties may agree upon or the arbitrator may determine. The arbitrator's decision is final and binding on the parties, and it can be used as legal evidence in any court with appropriate jurisdiction. In the event that you win a claim for which you are lawfully entitled to attorney's fees, the arbitrator may allow you to recoup those costs. Unless the arbitrator finds that your claim was frivolous, For All The Smiles LLC will not ask for payment of its legal costs in connection with any claim for which you are asking for relief. You and For All The Smiles LLC, as used in this arbitration clause, also relate to their respective subsidiaries, affiliates, agents, staff members, predecessors, successors, and assigns.
Unless otherwise required by law, you have one year from the date the cause of action accrues to file any action or continue in relation to any Dispute.
Governing Law/Jurisdiction
These terms and conditions and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with, the laws of the State of ________________. Any action seeking legal or equitable relief arising out of or relating to these Terms will be brought only in the courts of the State of ________________.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and For All The Smiles LLC. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of For All The Smiles LLC.
CONTACT US
If you have questions or comments about this Terms and Conditions, please contact us at:
Smilles For All LLC
365 S. Redwood Ave, San Jose California 95128, United States