The websites located at www.smiledoctors.com and each sub-site thereof (collectively the “Site”) are copyrighted works belonging to The Smile Doctors Management Services, LLC (“The Smile Doctors”, “we”, and “our”). The Smile Doctors offers its services, processes your appointment, and completes other tasks you request (collectively, and with all other services provided through the Site, the “Services”) on the Site. Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, each of which will be posted on the Service or Site in connection with such features. All such Additional Terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use (the “Terms”) set forth the legally binding terms for your use of the Site and Services. By accessing or using the Site or Services, you are accepting these Terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES. These Terms incorporate the terms of Smile Doctors’s Privacy Policy, located at www.thesmiledoctors.com/privacy-policy (the “Privacy Policy”).
The Smile Doctors reserves the right, at any time in our sole discretion, to modify, change, or replace any part of these Terms and any applicable Additional Terms under which the Service is offered, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms changing the “Last Updated” date above. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Service.
A. You may not usethe Services unless you are at least eighteen (18) years old.
B. As a condition ofyour use of the Service, you warrant to Accent Orthodontics that you will notuse the Services or any content you provide to the Site (“Content”) for anypurpose that is unlawful, harmful, offensive, sexually explicit, obscene,violent, threatening, harassing, abusive, falsely representative of yourpersona, invasive of someone else’s privacy, or otherwise objectionable to AccentOrthodontics. In addition, you may not (i) use the Service or Content in anymanner which could damage, disable, overburden, or impair the Service orinterfere with any other party’s use and enjoyment of the Service; (ii) obtainor attempt to obtain any materials or information through any means notintentionally made available or provided for through the Service; (iii) harvestany information from the Service or Content; (iv) interfere with the properoperation of or any security measure used by the Service or Content; (v)infringe any intellectual property or other right of any third party; (vi) usethe Service or Content in a manner that suggests an unauthorized association oris beyond the scope of the limited license granted to you; or (vii) otherwiseviolate these Terms or any applicable Additional Terms.
C. You agree tocomply with all local, state, federal, national, foreign, supranational, andinternational laws, statutes, ordinances, regulations, treaties, directives,and agreements that apply to your use of the Service and Content.
The trademarks,logos, service marks or copyrighted materials displayed on the Site are theproperty of Accent Orthodontics and/or other parties. Users are prohibited fromusing any trademark, logo, service mark or copyrighted material for any purposewithout the written permission of Accent Orthodontics or such third party whichmay own the trademarks, logos, service marks or copyrighted materials. Usersare prohibited from copying, reproducing, modifying, distributing,transmitting, displaying, publishing, selling, licensing, transferring,creating derivative works or using any information obtained on or through theSite for any commercial or public use.
The Site may containlinks to other Web sites which give you access to third-party material. AccentOrthodontics has no discretion to alter, update, or control the content on sucha site accessed through a link. The existence of the link to another site isnot an indication of Accent Orthodontics’s affiliation, endorsement,authorization or sponsorship with the linked site and the user should read andbe familiar with that site’s terms and conditions. You hereby release andforever discharge us (and our officers, employees, agents, successors, andassigns) from, and hereby waive and relinquish, each and every past, present,and future dispute, claim, controversy, demand, right, obligation, liability,action, and cause of action of every kind and nature (including personalinjuries, death, and property damage), that has arisen or arises directly orindirectly out of, or relates directly or indirectly to, any interactions with,or act or omission of, third-party sites. IF YOU ARE A CALIFORNIA RESIDENT, YOUHEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THEFOREGOING, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THECREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OFEXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLYAFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
The informationappearing on this Site is given on a generalized, generic basis and is notspecific to any individual patient’s condition. Information on this Site can behelpful to you to assist in the making of informed decisions about healthcareissues. The use of this Site does not create a physician-patient orprovider-patient relationship. This information is not intended to replace ahealth professional-patient relationship, and you should always consult with AccentOrthodontics Implant Center professional for diagnosis and treatment of anydental health problems. You should not disregard any advice or treatment fromyour dental or other healthcare professional based on your interpretation ofwhat you may read on the Site.
Reasonable effortshave been undertaken to ensure that the information displayed on the Site iscurrent; however, Accent Orthodontics does not warrant the accuracy,reliability or completeness of the information.
All content andservices on the Site, or obtained from a Web site to which the Site is linkedare provided to you “as is” without warranty of any kind either express orimplied including, but not limited to, the implied warranties ofmerchantability and fitness for a particular purpose, title, non infringement,security or accuracy. Additionally, Accent Orthodontics expressly disclaims anyliability for any damage to or viruses that may infect your computer equipmentor other property as you access or browse the Site or download material fromit.
In some instances, AccentOrthodontics offers users access to online registration for certain programs,events, and classes that may request personal information from you includingyour name, address, telephone number, and email address. We may use yourinformation to send you a confirmation of your registration with our Site, torespond to questions from you, to notify you if there is a problem with anyregistrations placed, to answer questions you may have posed, or to confirminformation that you have provided. By using the Site and providing any suchinformation, you grant Accent Orthodontics the absolute and perpetual right orlicense to use and share your information or other Content pursuant to ourPrivacy Policy. Please refer to the Privacy Policy for further information.
You agree toindemnify and hold Accent Orthodontics (and its subsidiaries, officers,employees, and agents) harmless, including costs and attorneys’ fees, from anyclaim or demand made by any third party due to or arising out of (a) your useof the Site or Services; (b) your Content; (c) your violation of these Terms;or (d) your violation of applicable laws or regulations. Accent Orthodontics reservesthe right, at your expense, to assume the exclusive defense and control of anymatter for which you are required to indemnify us and you agree to cooperatewith our defense of these claims. You agree not to settle any matter withoutthe prior written consent of Accent Orthodontics. Accent Orthodontics will usereasonable efforts to notify you of any such claim, action, or proceeding uponbecoming aware of it.
IN NO EVENT SHALL WE(OR OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT ORANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGESARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE,THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION ANDRISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMOR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDINGANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGESARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A)FIFTY US DOLLARS ($50); OR (B) AMOUNTS YOU HAVE PAID ACCENT ORTHODONTICS IN THEPRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGETHIS LIMIT.
SOME JURISDICTIONS DONOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OFCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TOYOU.
Subject to thisSection, these Terms will remain in full force and effect while you use theSite or Services. We may (a) suspend your rights to use the Site and/or (b)terminate these Terms, at any time for any reason at our sole discretion,including for any use of the Site or Services in violation of these Terms. Youunderstand that any termination of our Services involves deletion of your Contentassociated therewith.
These Terms shall begoverned by the laws of the State of Colorado without giving effect to anyconflict of laws principles that may require the application of the law ofanother jurisdiction. Any action or proceeding relating to a claim orcontroversy at law or equity that arises out of or relates to these Terms orthe Site or Services (a “claim”) must be brought in a state court located inArapahoe County, Colorado or a federal court located in Denver, Colorado, andeach party irrevocably submits to the exclusive jurisdiction and venue of anysuch court in any such action or proceeding, unless such claim is submitted toarbitration as set forth below. Notwithstanding anything to the contrary, AccentOrthodontics may seek injunctive relief in any court having jurisdiction toprotect its intellectual property or confidential or proprietary information.
If a dispute arisesbetween you and Accent Orthodontics, our goal is to learn about and addressyour concerns and, if we are unable to do so to your satisfaction, to provideyou with a neutral and cost-effective means of resolving the dispute quickly.You agree that you will notify us about any dispute you have with Accent Orthodonticsregarding our Site or Services by emailing management@accentorthodontics.com.
For any claim wherethe total amount of the award sought is less than $10,000 USD, the partyrequesting relief may choose to resolve the dispute through bindingnon-appearance-based arbitration in accordance with the following: (i) thearbitration will be provided through a nationally-recognized alternativedispute resolution provider mutually agreed upon by the parties; (ii) thearbitration will be conducted in one or more of the following manners at theoption of the party initiating arbitration: telephone, online, or writtensubmissions; (iii) the arbitration will not involve any personal appearances bythe parties or witnesses unless otherwise agreed by the parties; and (iv) anyjudgment on the award rendered by the arbitrator may be entered in any court ofcompetent jurisdiction.
All claims betweenyou and Accent Orthodontics must be resolved in accordance with this Section13. All claims filed or brought contrary to this Section shall be consideredimproperly filed. Should you file a claim contrary to this Section, Accent Orthodonticsmay recover attorneys’ fees and costs up to $1,000, provided that Accent Orthodonticshas notified you in writing of the improperly filed claim and you fail topromptly withdraw the claim. Similarly, should Accent Orthodontics file a claimcontrary to this Section, you may recover attorneys’ fees and costs up to$1,000, provided that you have notified Accent Orthodontics in writing of theimproperly filed claim and Accent Orthodontics fails to promptly withdraw theclaim. The remedies in this subsection will not limit any other remedies thateither party may have in law or in equity.
For any questionsrelating to these Terms, please contact Accent Orthodontics at info@the-smile-doctors.com
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2871 John Young Parkway, Kissimmee, FL 34741 | (407) 705-2978|info@the-smile-doctors.com
