IMPORTANT WEBSITE TERMS & CONDITIONS
(“Terms & Conditions”)
1. USE, ACKNOWLEDGMENT & ACCEPTANCE OF TERMS & CONDITIONS.
Welcome to the website of Smiles By Design. (“Smiles By Design”) provides you (“you” or the “User”) with access to this website, consisting of the homepage & associated linked pages, text, logos, images, graphics & incorporated content (the “Content”), for informational purposes only. BY ACCESSING OR USING THIS WEBSITE, YOU ACCEPT THESE TERMS & CONDITIONS OF USE & AGREE TO USE THIS WEB SITE ONLY IN ACCORDANCE WITH THESE TERMS & CONDITIONS. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. IF FOR ANY REASON YOU DO NOT AGREE TO BE BOUND BY THESE TERMS & CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
2. GENERAL TERMS & CONDITIONS; LIMITED LICENSE.
The purpose of this website is to provide you with an overview of Smiles By Design’s dentistry services & basic information about the dental practice. Smiles By Design grants you, the User & a current or potential patient of Smiles By Design, a non-exclusive, limited license to view, print or download the Content solely for personal, informational purposes. Commercial use of this Content is strictly prohibited. In addition, you agree not to use this website or its Content for any unlawful purpose, & agree not to copy, retransmit, republish, or translate the Content or any portion thereof except for the purpose of disseminating this information within your company & in connection with a current or potential business relationship with Smiles By Design. You agree to abide by all rules, requirements & conditions established by Smiles By Design from time to time hereafter as communicated to you through this website.
3. ENTIRE AGREEMENT; MODIFICATION OF TERMS & CONDITIONS.
The Terms & Conditions as set forth herein & all other terms & conditions set forth within the Content of this website incorporated herein by reference, embody the entire agreement & understanding between Smiles By Design & the User, concerning the use of the website & with respect to the subject matter contained herein, & supersede all prior agreements, understandings, representations & warranties, whether written or oral. No alteration, modification or change of these Terms & Conditions shall be valid & enforceable unless approved by Smiles By Design in writing. However, these Terms & Conditions may be amended, modified, or superseded by Smiles By Design at any time & from time to time without notice to the User. Because these Terms & Conditions may change, please read the Terms & Conditions each time you visit this website. Smiles By Design is not responsible for the User’s failure to review & adhere to these Terms & Conditions.
4. DISCLAIMER; EXCLUSIVE REMEDY.
THE CONTENT OF THIS WEBSITE IS PROVIDED AS A CONVENIENCE TO THE USER ON AN “AS IS” & “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, Smiles By Design DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE ACCURACY, GENUINENESS, AUTHENTICITY OR RELIABILITY OF THE WEBSITE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES THAT THE WEBSITE CONTENT CONTAINED HEREIN IS FIT FOR ANY PARTICULAR PURPOSE OR IMPLIES ANY WARRANTY OF MERCHANTABILITY, TITLE OR NONINFRINGEMENT. IT IS EXPRESSLY UNDERSTOOD BY THE USER THAT THE USE OF, OR RELIANCE ON, THIS WEB SITE CONTENT, OR INABILITY TO ACCESS THE WEBSITE, IS AT THE USER’S SOLE RISK.
THE USER AGREES THAT Smiles By Design NOT BE RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM ARISING OUT OF THE USE OF THIS WEBSITE & CONTENT OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY INFORMATION CONTAINED IN THIS WEBSITE & CONTENT. Smiles By Design DISCLAIMS & DOES NOT WARRANT THAT THE WEBSITE &/OR THE CONTENT WILL BE FREE OF ANY ERRORS, VIRUSES OR ANY OTHER ELEMENT THAT MAY CAUSE DAMAGE TO COMPUTER HARDWARE OR SOFTWARE.
Smiles By Design MAKES NO REPRESENTATION REGARDING THE ACCURACY OF ANY NEWS, COMMENTARY OR DESCRIPTIONS OF PROJECTS OR SERVICES INCLUDED IN ANY PRESS RELEASES LINKED TO THIS WEB SITE OR CONTAINED IN THE CONTENT.
ALL INFORMATION & CONTENT CONTAINED IN THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE EXTENT PERMITTED BY LAW, Smiles By Design SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS, DEMANDS, ACTIONS OR LIABILITIES ARISING OUT OF THE USE OF THE WEBSITE BY USER, & USER EXPRESSLY AGREES TO DEFEND, INDEMNIFY & HOLD HARMLESS AT ITS OWN EXPENSE, INDIVIDUALLY & COLLECTIVELY,Smiles By Design, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES & AGENTS FROM & AGAINST ALL CLAIMS, DEMANDS, ACTIONS, COSTS & EXPENSES, (INCLUDING ATTORNEY’S FEES) TO THE EXTENT PERMITTED BY LAW, ARISING OUT OF THE USE OF THIS WEBSITE BY USER IN VIOLATION OF THESE TERMS & CONDITIONS BY USER OR ANY PERSON AUTHORIZED TO ACT ON USER’S BEHALF, OR THE INFRINGEMENT BY USER OR ANY PERSON AUTHORIZED TO ACT ON USER”S BEHALF.
TO THE EXTENT PERMITTED BY LAW, THE USER’S SOLE & EXCLUSIVE REMEDY ARISING OUT OF THE USE OF, OR RELIANCE ON, THE WEB SITE IS REIMBURSEMENT OF THE ACTUAL ACCESS FEE PAID BY THE USER TO Smiles By Design, IF ANY, FOR THE PRIVILEGE OF USING THIS WEBSITE. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Smiles By Design BE HELD RESPONSIBLE FOR ACTUAL OR CONSEQUENTIAL DAMAGES ARISING OF THE USER’S USE OR RELIANCE ON THIS WEBSITE.
5. EQUAL EMPLOYMENT OPPORTUNITY.
Smiles By Design is committed to equal employment opportunity & does not discriminate against potential employment applicants or employees based on race, color, religious creed, sex (including pregnancy, childbirth & related conditions), marital status, age, national origin, physical or mental disability, sexual orientation, medical condition, ancestry, veteran status, or any basis protected by federal, state or local laws.
6. USER’S CONDUCT.
The User understands that all Content of the web site transmitted or posted from sources other than from Smiles By Design is the sole responsibility of the person who originated the Content. This means that you, the User, are entirely responsible for all Content that you transmit or otherwise make available via this Web site. The User agrees to use the website only for lawful purposes, & the User understands that it is the sole responsibility of the User to comply with all laws, regulations & ordinances relating to the User’s use of this website. The User agrees & understands that the User is liable to the extent permitted by law for any loss or damage caused in whole or in part by the User’s unlawful, tortious or unauthorized activity. By accessing this website the User understands and agrees that the User shall not: (i) upload, post or transmit in any form, material which is defamatory, harmful, harassing, or invasive of the privacy of others; (ii) violate the rights of children in any way; (iii) tamper, hack, upload viruses or do anything to corrupt or disrupt the normal administration or security procedures of this website or the hardware of other Users; (iv) disguise the source of material transmitted by the User via the website; (v) infringe on the intellectual property of Smiles By Design or any third parties; (vi) violate any law, ordinance, regulation or statute in the use of the website; (vii) gather or collect personal information about other Users of this website; (viii) act in such a manner as to cause an unreasonable burden on the website resources; (ix) use, distribute or reproduce any portion of this website & Content for commercial purposes.
7. HYPERLINKS & EMBEDDED LINKS; POSTING.
Hyperlinks are usually underlined words or phrases, although they may also appear as a picture or a button on the website. Smiles By Design makes no representation of any kind as to the accuracy or content of any hyperlink or embedded a link on this website (individually, a “Link” & collectively, “Links”) to any other websites. Any such website Links are provided as a courtesy to the User & for the User’s convenience but do not constitute an endorsement by Smiles By Design of the products, services or information contained within the Links. The User is solely responsible for (i) any action that the User takes on any Link, such as purchasing a product or service or relying on any information contained in any Link, & (ii) any damages incurred by the User resulting from the purchase of any product or service from any Link or the reliance on any information contained within a Link.
Smiles By Design does not pre-screen any content or postings placed on this website by its Users. Smiles By Design does not endorse, authorize or ratify any unlawful conduct by the User related to the User’s posting activities. The User assumes the risk by viewing the postings of other Users that the information contained therein may be inaccurate, dishonest, fraudulent, misleading or unlawful. Please advise us of any information regarding the posting of inappropriate content. Smiles By Design reserves the right to remove & discard any content in its sole & absolute discretion.
Deep-linking is strictly prohibited. Deep-linking occurs where a website unassociated with Smiles By Design includes an embedded link to any page on this website, other than to Smiles By Design‘s home page. No person or entity is authorized to link or deep-link any web page associated with this website without the express permission of Smiles By Design. To the extent permitted by law, the User agrees to defend & hold harmless Smiles By Design against any unauthorized deep-linking by User.
9. USE OF USER’S IDEAS.
The User grants Smiles By Design an exclusive license to use all material, ideas, content, suggestions, drawings & concepts communicated to Smiles By Design through the website without any compensation to the User whatsoever. Do not communicate or transmit information to Smiles By Design unless you agree to this exclusive license.
10. PRIVACY STATEMENT.
The User’s privacy is important to Smiles By Design. Please read the Smiles By Design Privacy Statement that describes the privacy practices & procedures of Smiles By Design by clicking the link located on the homepage of Smiles By Design.
13. COPYRIGHT NOTICE.
The Content of this website is an original copyrighted work owned by Smiles By Design or Chrisad, Inc. (our marketing partner) & such materials are protected under federal Copyright law against unauthorized use, copying, & distribution. The Content of this website is provided for informational purposes only, & a limited license is granted to the Users to download the Content for personal use only, subject to federal Copyright law. Commercial use is strictly prohibited. The User may not copy, republish, reproduce, sell, distribute, disseminate, transmit or create derivative works from any portion of this website Content without the express prior written consent of Smiles By Design. Unauthorized use will be prosecuted. All rights reserved.
14. INTELLECTUAL PROPERTY.
Smiles By Design retains full ownership of its trademarks & service marks. Smiles By Design’s marks include:
Smiles By Design
These trademarks & service marks may be registered with the United States Patent & Trademark Office (“USPTO”). Use of these trademarks & service marks, or any other trade or service mark of Smiles By Design not registered with the USPTO, is strictly prohibited, absent the express prior written consent of Smiles By Design.
14. NOTICE OF INFRINGING MATERIAL.
Smiles By Design strives to remove all Content that may be considered infringing on the intellectual property of others. If you have information regarding infringing Content on this website, please give notice of the infringing material to the Copyright/Trademark Agent at Chrisad, Inc. by sending an email to: [email protected] with the following information: (i) a description of the copyrighted or protected information you claim has been infringed, (ii) the location of the information on the website, (iii) your name, address, email address & telephone number, (iv) a statement that you are the owner of the copyrighted or protected information purportedly infringed upon. Chrisad & Smiles By Design will take prompt action to remove infringing material. This clause is intended to provide a procedure for the removal of infringing material pursuant to Title 17, United States Code, Section 512(c)(2).
15. VOID WHERE PROHIBITED BY LAW; SEVERABILITY.
The Terms & Conditions are void where prohibited by law. Should any part, term, provision or portion of these Terms & Conditions be determined by a court of competent jurisdiction to be illegal, invalid or in conflict with any law, regulation, ordinance or statute, or otherwise rendered unenforceable, then such contravention or invalidity shall not invalidate this entire agreement. Such invalid or illegal provisions shall be deemed modified to the extent necessary to render it legal, valid & enforceable & if no such modification shall render it legal, valid & enforceable, then these Terms & Conditions shall be construed as if not containing the provisions held to be illegal, invalid & unenforceable & the rights & obligations of Smiles By Design & the User shall be construed & enforced accordingly with the other provisions remaining in full force & effect.
16. JURISDICTION; GEOGRAPHICAL LIMITATIONS; TIME LIMITATIONS ON ACTIONS; ADMISSIBILITY; NO WAIVER.
The Terms & Conditions the Privacy Statement incorporated herein shall be governed by the laws of North Carolina, & any claim, demand, or cause of action shall be venue & subject to the jurisdiction of North Carolina only. Smiles By Design does not authorize any User to access this website outside the North Carolina for any reason. Under no circumstances should this website be considered an advertisement outside North Carolina. Smiles By Design is not responsible for the User’s unauthorized access, & to the extent permitted by law, the User agrees that if this website is accessed outside North Carolina (which is not permitted by Smiles By Design), the User agrees to defend & hold Smiles By Design harmless for any actual & consequential damages that may arise therefrom, & shall be solely responsible for complying with all laws, ordinances & regulations applicable to the jurisdiction from which the User accesses this site. To the extent permitted by law, Smiles By Design disclaims all liability to the User resulting from Smiles By Design’s failure to comply with laws, ordinances & regulations in jurisdictions other than North Carolina. To the extent permitted by law, all civil actions asserted by the User against Smiles By Design arising out of this website must be brought within nine (9) months of the date of injury &/or damage. A printed version of these Terms & Conditions shall be admissible as the writing itself & deemed preserved as a business record maintained in the regular course of business in accordance with the rules of evidence in any jurisdiction where any action may be brought arising out of or related to the use of this website. Smiles By Design’s failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
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