Please read this agreement carefully. This Agreement contains a mandatory arbitration provision and provisions that govern how claims that you and we have against each other—including, but not limited to, relating to the Site and Services—are resolved. Specifically, the arbitration provision (with limited exception for proceeding in small claims court) requires disputes between us to be submitted to binding and final arbitration on an individual basis, rather than jury trials or class actions.
Changes to Agreement and Additional Rules of Usage
SmileDirectClub reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the Site and Applications, and use of the Services by you, will constitute your acceptance of any changes or revisions to the Agreement.
SmileDirectClub also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site and/or Applications, which may be posted in the relevant parts of the Site and Applications and will be clearly identified. Your continued use of the Site and Applications constitutes your agreement to comply with these additional rules.
Suspension or Termination of Your Use
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to SmileDirectClub's other remedies. SmileDirectClub further reserves the right to terminate, without notice, any user's access to or use of the Site and Applications for any reason.
Ownership of the Site and Applications and Site and App Information
The Site and Applications are expressly owned and operated by SmileDirectClub. Unless otherwise noted, the design and content features on the Site and Applications, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the "Site and App Information"), are owned by SmileDirectClub or its affiliates or are licensed from third party service providers by SmileDirectClub. The Site and Application, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.
Site and App Information is Provided "As Is"
Site and App Information is provided "as is" with all faults. You use the Site and App Information, as authorized herein, at your own risk. Site and App Information may contain errors, omissions, or typographical errors or may be out of date. The Site and Applications may change, delete or update any Site and App Information at any time and without prior notice.
Use of the Service By You
You may view and use the Site and App Information only for your personal information, treatment tracking and management, and for shopping and ordering on the Site. Except as set forth in this Agreement, the Site and Applications do not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site and App Information. Your right to use the Site, Applications, and the Services is personal to you -- you may not authorize others to use the Site, Applications, and the Services, and you are responsible for all use of the Site and Applications and the Services by you and by those you allow to use, or provide access to, the Site, Applications, and the Services. You agree to use the Site, Applications, and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Non-Commercial Use Only
The Site and Applications are for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site and App Information or the Site and Applications for any purpose without written consent of or agreement with SmileDirectClub. You agree not to make use of Site and App Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or SmileDirectClub. Illegal and/or unauthorized uses of the Site and Applications, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site and Applications, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
Eligibility to Use the Site, Applications, and the Services
The Site, Applications, and the Services are not intended for users under the age of 18, however users under the age of 18 may access the Site, Applications, and the Services as detailed below. To register for any Services offered on the Site or Applications, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Site and/or Applications in conjunction with your parents or guardians. SmileDirectClub does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not use the Site and Applications. If a child under 13 submits information through any part of the Site or Applications, and SmileDirectClub becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind the corporate entity to the terms contained within the Agreement.
You grant to SmileDirectClub, its affiliates, subsidiaries, licensees, and assigns the perpetual, worldwide, royalty-free, nonexclusive and absolute right and license to use, publicly and privately display, reproduce, publish, publicly and privately perform, exhibit, distribute or have distributed, transmit or have transmitted, post, broadcast, sublicense, sell, transfer, store, or otherwise make any commercial or non-commercial use of any Customer Review that you make available on the Site, in whole or in part, for advertising, publicity, internal presentations, communications and training materials, and any other legal purpose, in any and all media whether now known or hereafter developed, including without limitation, on the internet, without consideration, notice, inspection, review, or approval thereof. For purposes of clarity, the foregoing grant includes the rights to modify, edit, combine with other materials, translate, include in collective works, and create derivative works based on your Customer Review. You grant to SmileDirectClub the right to use the first name and last initial associated with any Customer Review that you make available to SmileDirectClub, in whole or in part, provided SmileDirectClub shall have no obligation to exercise such right, or to otherwise provide any attribution for any Customer Review.
Freight Term, Title Transfer
Unless otherwise agreed products shall be shipped "FOB Origin" (SmileDirectClub's warehouse), regardless of prepaid freight by SmileDirectClub or express freight paid by the customer. Title to and risk of loss to products shall pass to Buyer upon shipment. Neither the time method nor place of payment, method of shipment, form of shipping document, nor place of acceptance of Buyer's order shall alter the foregoing.
Disclaimer or Warranty and Limitation of Liability
You acknowledge that you are using the Site, the Applications, and the Services at your own risk. The Site, the Site and App Information and the Services are provided "as is," and to the full extent permitted by applicable law, SmileDirectClub, its affiliates and its third party service providers hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, noninfringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. SmileDirectClub, its affiliates, and its third-party service providers do not represent or warrant that access to the Site and Applications and their Services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of SmileDirectClub.com.
SmileDirectClub, its affiliates, and 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 this Agreement, the provision of Services hereunder, the sale or purchase of any merchandise ordered through the Site, your access to or inability to access the Site and Applications, Site and App Information, or Services, including for viruses alleged to have been obtained from the Services, your use of or reliance on the Services, the Site and App Information or materials available through third party sites linked to the Site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.
You hereby agree to release SmileDirectClub, 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 the Site and Applications and their 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 that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
When you visit the Site, use the Applications, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site and/or Applications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SmileDirectClub makes no representation that the Site and App Information, the Services or products offered through the Site and Applications are appropriate, available or legal in any particular location. Those who choose to access the Site and App Information and the Services and products offered through the Site and Applications do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
BINDING ARBITRATION & CLASS ACTION WAIVER AGREEMENT
I agree that any and all disputes, claims or controversies directly or indirectly arising out of or relating to this Agreement or this Binding Arbitration and Class Action Waiver Agreement or any aspect of the relationship between me, on the one hand, and SDC, on the other hand, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory – including, but not limited to, claims relating to my account, SDC products and services, communications from or on behalf of SDC, and medical malpractice disputes (“Disputes”) – shall be submitted to JAMS, or its successor, for confidential, final and binding arbitration to be resolved by a single arbitrator. I further agree that the arbitration will take place on an individual basis, that class arbitrations and class actions are not permitted, and that I am agreeing to give up the ability to participate in any class action. For avoidance of doubt, I am agreeing to give up the ability to bring a lawsuit in court (except small claims discussed below); and I am giving up the ability bring or participate in a class action in any form or forum, even if my Dispute is determined not to be subject to arbitration.
I agree that I will send notice of my Dispute to the mailing address below, and that I must wait 30 days after notice is received by SDC to initiate arbitration. If I initiate arbitration, I will do so in accordance with JAMS Streamlined Rules for Arbitration (“Rules”). The JAMS arbitrator shall resolve the Dispute and is empowered with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this Agreement or this Binding Arbitration and Class Action Waiver Agreement, including the arbitrability of any dispute and any contention that all or any part of this Agreement or this Binding Arbitration and Class Action Waiver Agreement is unconscionable, void or voidable. Any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C.§§ 1–16). The party that prevails in the arbitration shall be entitled to recover from the other party all reasonable attorneys’ fees, costs and expenses incurred by the prevailing party in connection with the arbitration; except that this provision shall not apply if I live in California.
The arbitration will be administered by JAMS under its Rules and will comply with the JAMS Consumer Minimum Standards (which are incorporated by reference). Notwithstanding the foregoing, I understand that I may instead litigate a Dispute in small claims court if the Dispute meets the requirements to be heard in small claims court.
I UNDERSTAND THAT I AM WAIVING ANY RIGHT I MIGHT OTHERWISE HAVE TO A TRIAL BEFORE A JUDGE OR JURY. I understand that upon initiating the arbitration in accordance with JAMS rules, I must send a copy of the Demand for Arbitration via U.S. Mail to SmileDirectClub, Inc., Attn: Legal Dept., Phillips Plaza, 414 Union Str., 8th Floor, Nashville, Tennessee 37219.
I understand and agree that SDC may, from time to time, amend this Binding Arbitration and Class Action Waiver Agreement at its sole discretion, to the fullest extent permitted by law, by providing notice of the amendment to the email address that SDC has for me on file. I understand that any amendments will become effective 30 days after notice is provided by SDC and shall not apply to any Disputes that have accrued before the date of the amendment.
The formation, existence, construction, performance, and validity of both this Agreement and this Binding Arbitration and Class Action Waiver Agreement shall be governed by the laws of the State of Tennessee and the United States, without reference to choice or conflict of law principles.
You agree that, for any disputes that have been determined by a court of law or an arbitrator as not being subject to arbitration and are not brought in small claims court, this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Tennessee and any such dispute must be brought in a state or federal court located in Middle Tennessee. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts. As detailed above, however, no such dispute may be brought on a class or representative basis.
SmileDirectClub.com is for Use in the United States
The Site and Applications are hosted in the United States and are intended for users located in the United States. If you are a non-U.S. user of the Site and Applications, by visiting the Site, using the Applications, and using their Services and/or providing us with any Content, you agree to comply with all applicable laws governing the Site and Applications, their Services, online conduct, and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
SmileDirectClub and the Site and Application names, logos, and other identifying marks are the property of SmileDirectClub. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. This Agreement does not transfer ownership of any of these rights. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.
A Qualified Invite is defined as the purchase of invisible aligners made at SmileDirectClub by a person (an "Invited Customer") who arrives to our website by clicking your Invite-a-Friend program link. Upon arriving at the website using the Invite-a-Friend program link, the Invited Customer must either schedule a free scan or order an at-home impression kit, and then purchase invisible aligners. A Qualified Invite is counted when the Invited Customer’s invisible aligners ship. You are limited to one Qualified Invite for each Invited Customer in other words, additional/repeat purchases made by an Invited Customer are not counted as additional Qualified Invites.
The Invited Customer and the Referrer cannot be the same person (for example, by using a different email address).
For you to earn referral rewards as a Referrer, the Referred Customer must complete an order of invisible aligners. The referral is counted and paid out once the invisible aligners ship to the Referred Customer.
Rewards are payable in increments of $100, paid via e-gift card within 2-3 weeks from when the Invited Customer's aligners ship. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
Eligibility is limited to individuals only. The SmileDirectClub invite program cannot be used by businesses for affiliate lead generation as determined at SmileDirectClub’s sole discretion.
If you choose to distribute your referral link via self-generated email, you must comply with all up to date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your invite link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from SmileDirectClub’s Invite-a-Friend program.
Right to Close Accounts
SmileDirectClub reserves the right to close the account(s) of any Referrer and/or Invited Customer and to request proper payment if the Referrer and/or Invited Customer attempts to use the SmileDirectClub Invite-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms
SmileDirectClub reserves the right to cancel the Invite-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
Last Revised: September 12, 2022.
SMS Short Code Terms & Conditions
If you provide your mobile phone number, we may use this information to send you marketing and 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.
Última revisión: Octubre 2022