Smile Direct Club

Terms of Use

Please review the following terms of use ("Agreement"), which govern your use of SmileDirectClub.com (the "Site") and the shopping and other services (the "Services") offered on the Site. Your use of the Site and/or registration for any Services will constitute your agreement to comply with the terms of this Agreement. If you cannot agree to and comply with this Agreement and its requirements, please do not use the Services and exit the Site.

Acceptance of the Terms of Use

These terms of use are entered into by and between you and SDC Canada Incorporated ("SmileDirectClub", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of https://smiledirectclub.ca (the "Website"), including any content, functionality and services offered on or through the Website and our application, whether as a guest or a registered user.

 

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

 

This Website is not intended for minors. To register for any of the shopping and other services referenced in paragraph 2, below (collectively, the "Services") offered on the Website, you must be the age of majority in the territory, Province, or Canadian possession in which you reside. If you are under the age of majority, you may only use the Website with the authorization of your parent or legal guardian. By using this Website, you represent and warrant that you are of legal age to form a binding contract with SmileDirectClub and meet all of the foregoing eligibility requirements, or that your parent or legal guardian has agreed to form a binding contract with SmileDirectClub. If you do not meet all of these requirements, you must not access or use the Website.

 

Depending of the local law of the territory, Province, or Canadian possession in which you reside, Services may not be available to you.

Services Provided

We offer an online communication platform for licensed dentists and orthodontists (each, a "Provider") and their patients to connect and communicate via the Website through the use of synchronous and asynchronous telecommunications technologies. Our Website allows you to order an impression kit, the results of which will be reviewed by a Provider to evaluate your current smile, develop and prescribe a customized alignment treatment plan, and supply a premium whitening product directly to your door, allowing you to create a smile that you will love without the hassle of in- person monthly visits. If you prefer, our Website can also provide you with the locations of our SmileShops where you can find out more about our invisible aligners and have our trained staff take a simple scan of your teeth that will assist your Provider to determine if aligner therapy treatment is right for you.

 

SmileDirectClub does not provide medical advice, treatment, or care. SmileDirectClub contracts with a network of independent Providers and dental groups with a network of Canada-based Providers who provide clinical teledentistry orthodontics services. Providers deliver clinical services via the Website to their patients. Providers are not contracted or employed by or under the control of SmileDirectClub. The Providers, and not SmileDirectClub, are solely responsible for determining the appropriateness and quality of the care they render to you.

 

The Providers are independent of SmileDirectClub and are merely using our Website as a way to remotely communicate with you. Any information or advice received from a Provider comes from them alone, and not from SmileDirectClub. Your interactions via our Website are not intended to take the place of your relationship with your regular dental provider, healthcare practitioners, or primary care physician. Neither SmileDirectClub, nor any of its subsidiaries or affiliates or any third party who may promote the Website or our Services or provide a link to our Website, shall be liable for any professional or clinical advice obtained from a Provider via the Website, or for any professional or clinical information obtained on the Website.

 

SmileDirectClub does not make any representation or warranty about the training or skill of any Provider who delivers treatment or renders advice via the Website. You will be connected with a Provider in your Province based on his or her availability and the information you submit through the Website. The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, are for informational purposes only and do not constitute professional medical or dental advice, diagnosis, treatment, or recommendations of any kind by SmileDirectClub. You should always seek the advice of your qualified health care professional with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by SmileDirectClub, or in connection with any communications supported by SmileDirectClub, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship with SmileDirectClub as defined by any law. While SmileDirectClub facilitates your communication with a licensed dentist or orthodontist, SmileDirectClub does not provide medical or dental services, and the doctor-patient relationship is solely between you and your dentist or orthodontist.

Not for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY DIAL "911"OR YOUR LOCAL EMERGENCY RESPONDER.

 

SmileDirectClub’s Website, and our content and Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Website. If you believe you have an emergency, immediately call 9-1-1 or your local emergency responder.

 

You should seek emergency help or follow up care when recommended by a Provider or otherwise needed. You should continue to consult with your regular dentist, primary care provider, and other healthcare professionals as recommended. Always seek the advice of your regular dentist, or a physician, or other qualified healthcare provider concerning any questions you have regarding a medical condition or before stopping, starting, or modifying any treatment or medication.

Risks of Teledentistry Services

We provide teledentistry orthodontics support services that permit you to have an impression of your teeth taken with our Impression Kit or a 3-dimensional photograph and have the results of your Impression Kit or photograph reviewed by a dentist or orthodontist in yourProvince, who will determine whether to prescribe your invisible aligner therapy treatment. By ordering an Impression Kit or having photographs taken, you acknowledge the potential risks and limitations associated with teledentistry services, including that the information supplied to your Provider may not be sufficient to provide appropriate care.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time/frequently/each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

 

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

 

To access the Website or some of the resources or Services it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including all heath related and other sensitive information, and including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy. By using our Website and/or providing this information on or through the Website, you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SmileDirectClub, its licensors or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

These Terms of Use permit you to use the Website for your personal, non- commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide mobile or other applications for download through the applicable application store you may download the application to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

 

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

 

You must not access or use any part of the Website or any services or materials available through the Website for any commercial purposes.

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by SmileDirectClub. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The SmileDirectClub name, logo, and all other related names, logos, product and service names, designs and slogans are trademarks of SmileDirectClub or its affiliates or licensors. You must not use such marks without the prior written permission of SmileDirectClub. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, provincial, territorial or local laws of Canada or any international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in paragraph 10 of these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter"or "spam"or any other similar solicitation.
  • To impersonate or attempt to impersonate SmileDirectClub, a SmileDirectClub employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm SmileDirectClub or users of the Website or expose them to liability.

 

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

 

All User Contributions must comply with the Content Standards set out in these Terms of Use.

 

Any User Contribution you post to the site will be considered non- confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

 

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not SmileDirectClub, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

 

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for SmileDirectClub.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS SMILEDIRECTCLUB AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, provincial, territorial, or local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote,or assist any unlawful act.
  • Cause annoyance, inconvenience,or needless anxiety or be likely to upset, embarrass, alarm,or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

We take claims of copyright infringementseriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringes your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our us through our contact information below. In accordance with the Copyright Act (R.S.C., 1985, c. C-42), the written notice must include the following:

  • Your name and address.
  • Identification of the materials that you claim infringes.
  • Your interest or rights with respect to the copyright in those materials.
  • The location data for the electronic location to which the claimed infringement relates.
  • A specification of the infringement that is claimed.
  • The date and time of the claimed infringement.

 

When we receive a copyright infringement claim, we will, as soon as feasible, forward the notice electronically to the person who posted the material. We will also inform the copyright owner of its forwarding or, if applicable, the reason why it was not possible to forward it.All records of your copyright infringement claim and any actions we take will be retained for a period of six (6) months (or one (1) year if a lawsuit is commenced within the six (6) month period) in order to identify the alleged infringer.

 

Please be aware that if you knowingly materially misrepresent that material or activity on the Websites is infringing your copyright, you may be held liable for damages (including costs and legal fees).

 

Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Content Provided by Third Parties

This Website includes content provided by third parties, including materials provided by other users, bloggers,and third- party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by SmileDirectClub, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SmileDirectClub. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

We will arrange for shipment of our impression kit and our invisible aligners to you. Title and risk of loss pass to you upon our transfer of our products to the shipping carrier, regardless of prepaid freight by SmileDirectClub or express freight paid by you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. We will accept a return of the products you purchase and refund any SmileShop scan in accordance with our Return Policy.

 

If you buy products from the Website, you may have a right to cancel an order if SmileDirectClub does not comply with the applicable consumer protection legislation. If you receive products under an order that you have cancelled in accordance with the applicable legislation, you must return the product(s) to SmileDirectClub unused and in the same condition as delivered, with appropriate purchasing documentation, no later than 30 days after the day the product(s) was/were delivered to you.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

 

You must not:

  • Establish a link from any website or social media page that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

SmileDirectClub and Providers operate subject to provincial, territorial and federal regulations, so the services we provide may not be available in your jurisdiction. You represent that you are not a person barred from enrolling in and/or receiving our services under the laws of the Canada or other applicable jurisdictions in which you may be located and/or from which you access our Website. Using our services from jurisdictions where they may be illegal, or where we do not offer our services, is prohibited.

 

We further provide this Website for use only by persons located in Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the Canada, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE WEBSITE AND THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SMILEDIRECTCLUB NOR ANY PERSON ASSOCIATED WITH SMILEDIRECTCLUB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SMILEDIRECTCLUB NOR ANYONE ASSOCIATED WITH SMILEDIRECTCLUB REPRESENTS OR WARRANTS THAT THE WEBSITE OR THE INFORMATION PROVIDED ON THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE AND THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL SMILEDIRECTCLUB, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless SmileDirectClub, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

Except where prohibited by applicable law, all matters relating to the Website and these Terms of Use and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Province of Ontario without giving effect to any choice or conflict of law provision or rule.

 

Except where prohibited by applicable law, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of Canada although we retain the right to bring any suit, action,or proceeding against you for breach of these Terms of Use in your location of residence or any other relevant location. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by SmileDirectClub of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SmileDirectClub to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and Return Policy constitute the sole and entire agreement between you andSDC Canada Incorporated with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated bySDC Canada Incorporated; 79 Wellington St. W., #3000, Toronto ON M5K 1N2. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to us via email at support@smiledirectclub.com or via phone at (800) 848-7566.

Language

The Parties here to have expressly required that the agreement and all documents and notices relating there to be drafted in the English language. Les parties aux presents ont expressement exige gue la presente convention et tou autre documents ou avis qui y sont affrerents soient rediges en langue anglais.

SMS Short Code Terms & Conditions

If you provide your mobile phone number, we may use this information to send you transactional SMS updates about your requests, orders and other feedback. We may also share this information with a third party to aid in sending text messages via SMS or SMS short codes. Number and size of messages will vary per user based on evaluation/treatment length and stages. Reply 'STOP' to any SMS message to unsubscribe from SMS updates. Reply 'HELP' to get help or call 800-848-7566. SmileDirectClub does not charge any users fees to send or receive text messages. However, message and data rates may apply from your mobile carrier. We support the following mobile carriers: AT&T, Sprint, T-Mobile, Verizon Wireless, Metro PCS, Nextel, Virgin Mobile, U.S. Cellular, and others. The wireless carriers are not liable for delayed or undelivered message. SmileDirectClub will not be liable for any delays in the receipt of any SMS messages connected with our SMS Gateway. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator. SmileDirectClub respects your privacy. We will only use the information you provide to transmit text messages to you. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, to protect our rights or property. Text messages through your wireless carrier / service provider are not secure messages through encryption or similar technology, and therefore you should take care to include only the content you wish to share in the texts to our Customer Care agents. SmileDirectClub respects your right to privacy. You can view our privacy policy here.