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 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, which may be posted in the relevant parts of the Site, and will be clearly identified. Your continued use of the Site constitutes your agreement to comply with these additional rules.
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 for any reason.
The Site is expressly owned and operated by SmileDirectClub. Unless otherwise noted, the design and content features on the Site, 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 Information"), are owned by SmileDirectClub or its affiliates or are licensed from third party service providers by SmileDirectClub. The Site, 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 Information is provided "as is" with all faults. You use the Site Information, as authorized herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. The Site may change, delete or update any Site Information at any time and without prior notice.
You may view and use the Site Information only for your personal information and for shopping and ordering on the Site. Except as set forth in this Agreement, the Site does 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 Information. Your right to use the Site and the Services is personal to you -- you may not authorize others to use the Site and the Services, and you are responsible for all use of the Site and the Services by you and by those you allow to use, or provide access to, the Site and the Services. You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
The Site is 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 Information or the Site for any purpose without written consent of or agreement with SmileDirectClub. You agree not to make use of Site 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, 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, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
The Site and the Services are not intended for users under the age of 18. To register for any Services offered on the Site, 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 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. If a child under 13 submits information through any part of the Site, and SmileDirectClub becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
Unless otherwise agreed products shall be shipped "F.O.B 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.
You acknowledge that you are using the site and the services at your own risk. The site, the site 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 its 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, site information, or services, including for viruses alleged to have been obtained from the services, your use of or reliance on the services, the site 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 this site and its 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 which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
When you visit the Site 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. 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 Information, the Services or products offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the Site Information, the Services and products offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Michigan and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in Southeastern Michigan. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
The Site is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of the Site, by visiting the Site, using its Services and/or providing us with any Content, you agree to comply with all applicable laws governing the Site, its 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 names, logos, and other identifying marks are the property of SmileDirectClub. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.
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.
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 takethe 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.
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.
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.
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:
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.
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 Canadianand international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
You must not access or use any part of the Website or any services or materials available through the Website for any commercial purposes.
The SmileDirectClub name, logo,and allotherrelated 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.
Additionally, you agree not to:
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.
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 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.
We have the right to:
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.
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:
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:
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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 firstname.lastname@example.org or via phone at (800) 848-7566.
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.