Terms & Conditions
IMPORTANT WEBSITE TERMS & CONDITIONS
(“Terms & Conditions”)
1. USE, ACKNOWLEDGMENT & ACCEPTANCE OF TERMS & CONDITIONS.
Welcome to the website of Smile Buddy. (“sitename”) 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 WEBSITE 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 Smile Buddy’s dentistry services & basic information about the dental practice. Smile Buddy grants you, the User & a current or potential patient of Smile Buddy, 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 Smile Buddy. You agree to abide by all rules, requirements & conditions established by Smile Buddy 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 Web site incorporated herein by reference, embody the entire agreement & understanding between Smile Buddy & 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 Smile Buddy in writing. However, these Terms & Conditions may be amended, modified, or superseded by Smile Buddy at any time & from time to time without notice to the User.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. Smile Buddy 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, Smile Buddy 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 WEBSITE CONTENT, OR INABILITY TO ACCESS THE WEBSITE, IS AT THE USER’S SOLE RISK.
THE USER AGREES THAT Smile Buddy 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. Smile Buddy 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.
Smile Buddy MAKES NO REPRESENTATION REGARDING THE ACCURACY OF ANY NEWS, COMMENTARY OR DESCRIPTIONS OF PROJECTS OR SERVICES INCLUDED IN ANY PRESS RELEASES LINKED TO THIS WEBSITE OR CONTAINED IN THE CONTENT.
ALL INFORMATION & CONTENT CONTAINED IN THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE EXTENT PERMITTED BY LAW, Smile Buddy 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,Smile Buddy, 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 WEBSITE IS REIMBURSEMENT OF THE ACTUAL ACCESS FEE PAID BY THE USER TO Smile Buddy, IF ANY, FOR THE PRIVILEGE OF USING THIS WEBSITE. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Smile Buddy BE HELD RESPONSIBLE FOR ACTUAL OR CONSEQUENTIAL DAMAGES ARISING OF THE USER’S USE OR RELIANCE ON THIS WEBSITE.
5. EQUAL EMPLOYMENT OPPORTUNITY.
Smile Buddy 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 website transmitted or posted from sources other than from Smile Buddy 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 Web site 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 Smile Buddy 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. Smile Buddy makes no representation of any kind as to the accuracy or content of any hyperlink or embedded link in 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 Smile Buddy 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.
Smile Buddy does not pre-screen any content or postings placed on this website by its Users. Smile Buddy 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. Smile Buddy reserves the right to remove & discard any content in its sole & absolute discretion.
8. PRIVACY STATEMENT.
The User’s privacy is important to Smile Buddy. Please read the Smile Buddy Privacy Statement that describes the privacy practices & procedures of Smile Buddy by clicking the link located on the home page of Smile Buddy.
9. COPYRIGHT NOTICE.
The Content of this website is an original copyrighted work owned by Smile Buddy or MarketDental (our marketing partner) & such materials are protected under the 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 Smile Buddy. Unauthorized use will be prosecuted. All rights reserved.
10. 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 Smile Buddy & the User shall be construed & enforced accordingly with the other provisions remaining in full force & effect.
11. JURISDICTION; GEOGRAPHICAL LIMITATIONS; TIME LIMITATIONS ON ACTIONS; ADMISSIBILITY; NO WAIVER.
The Terms & Conditions the Privacy Statement incorporated herein shall be governed under the laws of AB, & any claim, demand, or cause of action shall be venued & subject to the jurisdiction of AB only. Smile Buddy does not authorize any User to access this website outside the AB for any reason. Under no circumstances should this website be considered an advertisement outside AB. Smile Buddy 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 AB (which is not permitted by Smile Buddy), the User agrees to defend & hold Smile Buddy 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, Smile Buddy disclaims all liability to the User resulting from Smile Buddy’s failure to comply with laws, ordinances & regulations in jurisdictions other than AB. To the extent permitted by law, all civil actions asserted by the User against Smile Buddy 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. Smile Buddy’s failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
Updated: Sunday 1st of September 2024 05:43:45 AM