Please review the following terms and conditions (the “Terms”). The Terms cover your use of newsmilelife.ca (the “Site”) and all services offered on the Site (the “Services”). Your use of the Site and/or purchase of the Services constitute your agreement to the Terms. If you do not want to agree to the Terms, please do not use the Services or the Site. The Terms may be changed at anytime and without prior notice. The date of the most recent changes to the Terms is at the bottom of the page. NewSmile may be referred to in the Terms as “NewSmile” or “we” or “us.” You may be referred to as “you” or the “customer.”
NewSmile's Right to Terminate
If you fail to follow the Terms, we may terminate your use of the Site and/or your access to the Services. This remedy is in addition to any other remedies we may have.
Ownership of the Site and Site Information
We are the sole and absolute owner of the Site. Unless otherwise noted, all of the design and content features on the Site are owned by NewSmile or its affiliates or are licensed from third party service providers by NewSmile. We own all right, title and interest in and to the Site, and the Site is protected by copyright and other intellectual property and other proprietary rights. We reserve any and all rights in and to the Site. The Site is presented “as is” and your use of the Site is at your own risk. There may be errors and omissions of various sort within the Site and the Site may change at any time and without notice.
NewSmile, the Site names, logos, and other identifying marks are the property of NewSmile (the “Marks”). Nothing in these Terms may be construed to grant any license, title or interest in or to the Marks and you may not use the Marks without the prior written consent of NewSmile, which such consent may be withheld in NewSmile's sole and absolute discretion.
Your Use of the Site
You may use the Site only for your personal use. You are restricted from using the Site and any and all of the Site features for any commercial use or to use, copy, display, transfer, reproduce, sell, distribute, publish, modify, license, or transmit in any manner by any means the Site. You may not allow others to use the Site or the Services on your behalf. All use of the Site or the Services will be your sole and absolute responsibility, any use by others on your behalf is your responsibility and NewSmile will not be held liable for any such use. You agree to use the Site and/or the Services for lawful purposes only and understand that any use that is contrary to law may result in criminal and/or civil penalty.
You must be Fifteen (15) years of age or older to use the Site or the Services. We do not knowingly collect information regarding individuals under the age of thirteen and children under the age of thirteen should not use the Site. If we discover information regarding an individual under the age of thirteen, we will remove such information as soon and as practical as possible.
Disclaimer of Warranty and Limitation of Liability
Subject to applicable law:
As the user of the Site, you understand and agree that you are using the Site and the Services at your own risk. In addition to the above, all Services are provided “as is” and to the fullest extent allowed by law, NewSmile expressly disclaims any and all warranties, express or implied, including without limitation, all warranties of fitness for a particular use or any other warranty, representation, condition or guarantee, in any form.
We do not represent or warrant that the Site or the Services will be available or uninterrupted or that the use of the Site will not result in the transmission of inaccurate information.
NewSmile, its affiliates and/or its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of these Terms, the Services, the sale or purchase of any merchandise ordered through the site, or your access to or inability to access the Site, including for viruses alleged to have been obtained from the Site, your use of or reliance on the Site or the Services, regardless of the type of claim or the nature of the cause of action, even if such possible damages are made aware to you in advance.
You hereby release NewSmile, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed ("claims"), arising out of or in any way connected with your use of this site and its services. If you are a California resident, you waive California civil code section 1542, which states, in part: a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
By using the Site, you consent to communicate with us electronically and to receive communications from us electronically. We will typically communicate with you through email, but may also post updates or notices on the Site. You understand and accept that any and all agreements, disclosures, notices, or other communications we transmit to you via electronic communications satisfy all legal requirements regarding written communications.
Jurisdiction and Governing Law
These Terms are governed and construed in accordance with the laws of the State of Utah and any action regarding these Terms must be brought in the appropriate State or Federal courts located in Salt Lake County Utah. Also, you and NewSmile agree to submit to exclusive personal jurisdiction and venue of the appropriate courts in Salt Lake County Utah.
Last Revised: September 19, 2017