Welcome to The Smile Mission and thank you for your interest in The Smile Mission, its services, and the website at TheSmileMission.com, including its subdomains (collectively the “Site”). Consider these Terms of Use a legally binding contract between you and The Smile Mission regarding your use of the Site.
PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY BEFORE USING THE SITE
BY BROWSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD AND YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY
MENTIONED ON THE SITE.
If you are not eligible or do not agree to these Terms, then The Smile Mission (henceforth referred to as We, the Site, or the Website) does not allow you to use the SITE.
YOUR USE OF THE SITE, AND THE SMILE MISSION’S PROVISION OF THE SITE TO YOU, CONSTITUTES AN
AGREEMENT BY THE SMILE MISSION AND BY YOU TO BE BOUND BY THESE TERMS.
1. Overview.
The Site provides information about The Smile Mission and its products and services.
2. Eligibility.
You must be at least 18 years old to use the Site. By agreeing to these Terms, you represent and warrant to us that:
(a) you are at least 18 years old;
(b) you have not previously been suspended or removed from the Site or any other service provided by The Smile Mission; and
(c) your use of the Site complies with any and all applicable laws and regulations.
3. Licenses
Limited License. Subject to your complete and ongoing compliance with these Terms & Conditions, The Smile Mission grants you, solely for your personal or internal business use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, browse, and use the Site.
License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not:
(a) reproduce, distribute, publicly display, or publicly perform the Site;
(b) make modifications to the Site; or
(c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited from using the Site under applicable law, you may not use it.
Information You Submit. Do not provide The Smile Mission with any information or other materials that you consider confidential or proprietary through the Site. If you choose to suggest input and suggestions regarding problems with or proposed modifications or improvements to the Site, then you do so on a non-confidential basis and you hereby grant The Smile Mission an unrestricted, perpetual, irrevocable, non-exclusive, sublicensable, fully-paid, royalty-free
transferable right to exploit your suggestions in any manner and for any purpose, including to improve the Site and create other products and services.
4. Ownership; Proprietary Rights.
The Site is owned and operated by The Smile Mission. The visual interfaces, graphics, design, content, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by The Smile Mission are protected by intellectual property and other laws. All Materials included in the Site are the property of The Smile Mission or its third-party licensors. Except as expressly
authorized by The Smile Mission, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms & Conditions.
5. Linked Websites
The Site may contain links to third party websites. We do not control those websites and are not responsible for their content and Terms of Use.
6. Prohibited Conduct.
BY USING THE SITE, YOU AGREE NOT TO:
a) use the Site for any illegal purpose or to violate any local, state, national, or international law;
b) violate, or encourage others to violate, any right of a third party, including by infringing or
misappropriating any third-party intellectual property right;
c) interfere with security-related features of the Site, including by disabling or circumventing features that prevent or limit use or copying of any content or reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
d) interfere with the operation of the Site or any user’s enjoyment of the Site, including by uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code or interfering with or disrupting any network, equipment, or server connected to or used to provide the Site;
e) perform any fraudulent activity including impersonating any person or entity, or claiming a false affiliation;
f) sell or otherwise transfer the access granted under these Terms & Conditions or any Materials or any right or ability to view, access, or use any Materials; or attempt to do any of the acts described in this Section 6 or assist or permit any person in engaging in any of the acts described in this Section 6.
7. Modification of these Terms.
We reserve the right to change these Terms & Conditions and our Privacy Policy on a going-forward basis at any time. Please check these Terms & Conditions and Privacy Policy periodically for changes. Except as expressly permitted in this Section 7, these Terms & Conditions may be amended only by a written agreement signed by authorized representatives of the parties to these
Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
8. Modification of the Site.
The Smile Mission reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. The Smile Mission will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.
9. Term.
These Terms & Conditions are effective beginning when you accept the Terms or first access or browse the Site, and ending when terminated as described in this Section 9. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, The Smile Mission may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. Upon termination of these Terms:
(a) your license rights will terminate, and you must immediately cease all use of the Site;
(b) you will no longer be authorized to access the Site; and
(c) Sections 3.3, 4, 9, 10, 11, 12, and 13 will survive.
10. Indemnity.
To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify The Smile Mission and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “The Smile Mission Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with:
(a) your unauthorized use of or misuse of the Site;
(b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
(c) your violation of any third party right, including any intellectual property right or publicity,
confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
11. Disclaimers; No Warranties
THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE SMILE MISSION DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING:
(a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND
(b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE SMILE MISSION DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THE SMILE MISSION DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THE SMILE MISSION ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE THE SMILE MISSION ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE OR YOUR USE OF THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR
PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Smile Mission does not disclaim any warranty or other right
that The Smile Mission is prohibited from disclaiming under applicable law.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE THE SMILE MISSION ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY THE SMILE MISSION ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE THE SMILE MISSION ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 12 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Miscellaneous
General Terms. These Terms, together with the Privacy Policy available at TheSmileMission.com (the “Privacy Policy”) and any Additional Terms (defined below), are the entire and exclusive understanding and agreement between you and The Smile Mission regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not
affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to”. If any part of these Terms & Conditions is held to be invalid or unenforceable, the unenforceable part will be
given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Governing Law. These Terms are governed by the laws of the State of Florida without regard to conflict of law principles that would result in the application of the laws of another jurisdiction. You and The Smile Mission submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Miami, Florida for resolution of any lawsuit or court proceeding permitted under these Terms.
Privacy Policy. Please read the Privacy Policy TheSmileMission.com carefully for information relating to our collection, use, storage, disclosure of your personal information.
14. Additional Terms. Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site or that you agree to in connection with certain technology or services made available to you by or on behalf of The Smile Mission (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Consent to Electronic Communications. By using the Site, you consent to receiving certain electronic communications from The Smile Mission. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Contact Information. The Site is offered by The Smile Mission located at 9900 SW 168th Street, Miami, FL 33157. You may contact us by sending correspondence to that address or by emailing us at Thesmilemissionflorida@gmail.com.
No Support. We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies.
International Use. The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.