Make a Smile
Terms & Conditions
Terms and Conditions: Make A Smile Dental
Last updated: August 15, 2023
These Terms and Conditions (“Terms”) apply to the use of the Make A Smile Dental website (“Website”). By accessing or using this Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not accept these Terms, you must refrain from using the Website.
2. User Agreement & Eligibility
By using our Website, you represent that:
- You are at least 18 years old or the age of majority in your jurisdiction.
- You can form a binding contract with Make A Smile Dental.
- You are not barred from using our services under applicable law.
3. Intellectual Property Rights
3.1. All content on this Website, including but not limited to text, graphics, logos, and images, and their arrangement on the site, belongs to Make A Smile Dental or its licensors and is protected by copyright, trademark, and other laws. 3.2. Unauthorized use of the content may violate these laws and is prohibited. No content may be reproduced, published, or transmitted in any manner without the prior written consent of Make A Smile Dental.
4. User Conduct & Prohibited Acts
Users agree: 4.1. Not to disrupt, interfere with, or create an undue burden on servers or networks connected to the Website. 4.2. Not to introduce viruses or any other malicious software to the Website. 4.3. Not to attempt unauthorized access to any part of the Website or systems connected to it. 4.4. Not to use the Website for any illegal purposes.
6. Limitation of Liability & Disclaimer
6.1. Make A Smile Dental, its directors, employees, or agents will not be liable for any indirect, special, incidental, punitive, or consequential damages arising out of or in connection with the use of this Website. 6.2. All content on the Website is provided “as is” and without warranties of any kind, either express or implied.
7. Governing Law & Jurisdiction
These Terms are governed by the laws of the state of California. Users irrevocably submit to the exclusive jurisdiction of the courts of California.
We reserve the right to revise and update these Terms at any time without notice. It is the user’s responsibility to review the Terms periodically for changes.
Make A Smile Dental may terminate or suspend your access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms.
10. Links to Third-Party Websites
The Website may contain links to third-party websites or services that are not owned or controlled by Make A Smile Dental. We assume no responsibility for the content or practices of these sites.
You agree to defend, indemnify, and hold harmless Make A Smile Dental and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of your use and access of the Website.
12. Dispute Resolution & Arbitration
12.1. Mandatory Arbitration and Class Action Waiver. The parties agree to arbitrate any dispute arising from these Terms or your use of the Website, except that you and Make A Smile Dental are NOT required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
12.2. Notice Requirement. Before initiating any arbitration or proceeding, you and Make A Smile Dental must agree to first attempt to negotiate any dispute, claim, or controversy between the parties informally for 30 days, unless this time limit is mutually extended.
12.3. Governing Law & Venue. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA”) as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, Make A Smile Dental pays all administrative fees associated with arbitration.
13. Waiver of Jury Trial
Both you and Make A Smile Dental waive the right to a trial by jury for any disputes arising out of or relating to these Terms or the Website.
14. California Consumer Rights Notice
Under California Civil Code Section 1789.3, California Website users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
15. Compliance with California Privacy Laws
16. Entire Agreement & Severability
These Terms constitute the entire agreement between you and Make A Smile Dental and supersede all prior agreements, understandings, and representations. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.
17. Contact Information
For any questions, concerns, or comments regarding these Terms or any other aspect of our Website, please contact us at:
- Address: 2190 East Bidwell Street Folsom, California 95630
Phone: (916) 984-0304
- Email: [email protected]