New Smile Customer Terms and Conditions
We offer an online platform to connect prospective patients with oral surgeons and/or dentists, and any other professional providing services in a dental practice (other than New Smile) (each, a “Provider”) to receive dental implants, located in a defined area and handle such financial aspects of services rendered.
You understand and acknowledge that we may collect our fees, as well as the Provider’s fees, prior to your receipt of treatment. You further understand and acknowledge, we may provide you with a free consultation in your first meeting with the Provider.
New Smile does not provide medical advice, treatment, products, or care. New Smile contracts with a network of Providers who deliver their clinical services independent of New Smile. Any information or advice received from a Provider comes from them alone, and not from New Smile. Neither New Smile, 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. While New Smile may, in certain ways, facilitate your engagement with a licensed Provider, New Smile does not provide medical or dental services, and the doctor-patient relationship is solely between you and the Provider, and New Smile cannot provide any assurances that you will receive any treatment, care or advice whatsoever.
Changes to Agreement and Additional Rules of Usage
We may revise and update this Agreement 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. The date of the most recent revision will appear on this page. Continued access to the Website and/or use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
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.
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 New Smile’s other remedies. New Smile further reserves the right to terminate, without notice, any user’s access to or use of the Website for any reason.
Accessing the Website and Account Security
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.
Ownership of the Site and Site Information
The Website is expressly owned and operated by New Smile. Unless otherwise noted, the design, technology and content features on the Website, 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 “Website Information”), are owned by New Smile or its affiliates or are licensed from third party service providers by New Smile. The Website, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
Content Provided by Providers
This Website includes content provided by Providers which shall be clearly designated as Provider information. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the Provider providing those materials. These materials do not necessarily reflect the opinion of New Smile.
Site Information is Provided “As Is”
Site Information is provided “as is” with all faults. Your use of the Website Information, as authorized herein, at your own risk. Website Information may contain errors, omissions, or typographical errors. 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. New Smile may change, delete or update any Site Information at any time and without prior notice.
Use of the Service by You
You may view and use the Website Information only for your personal information and dental needs. Except as set forth in this Agreement, the Website 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 Website Information. Your right to use the Website and the Services is personal to you. You are responsible for all use of the Website and the Services by you and by those you allow to use, or provide access to, the Website and the Services. You agree to use the Website 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 Website 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 Website Information or the Website for any purpose without written consent of or agreement with New Smile. You agree not to make use of Website 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 New Smile. Illegal and/or unauthorized uses of the Website, 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 Website, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
Eligibility to Use the Site and the Services
The Website and the Services are not intended for users under the age of 18. To register for any Services offered on the Website, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Website in conjunction with your parents or guardians. New Smile does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not use the Website. If a child under 13 submits information through any part of the Website, and New Smile becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
Disclaimer or Warranty and Limitation of Liability
You acknowledge that you are using the Website and the Services at your own risk. The Website, the Website information and the services are provided “as is,” and to the full extent permitted by applicable law, New Smile, 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. New Smile, its affiliates, and its third party service providers do not represent or warrant that access to the Website 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 the Website.
New Smile 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, your access to or inability to access the Website, Website information, or Services, your use of or reliance on the services, the Website 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 New Smile, 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 Website 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.
IN NO EVENT WILL NEW SMILE, OR ITS AFFILIATES, 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.
When you visit the Website 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 Website. 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.
Jurisdiction and Governing Law
New Smile makes no representation that the Website Information or the Services offered through the Website are appropriate, available or legal in any particular location. Those who choose to access the Website Information and the Services offered through the Website 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 California and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in Los Angeles, California. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
New Smile Website is for Use in the United States
The Website 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 Website, by visiting the Website and/or using its Services, you agree to comply with all applicable laws governing the Website, its Services, and online conduct. 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.
New Smile and the Website names, logos, and other identifying marks are the property of New Smile. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.
Customer Feedback; Release
We may inquire about the Website, our Services, or services rendered to you by a Provider. In any response by you, you certify under penalty of perjury of the laws of the United States that you are a customer and user (“Customer”) of Services offered by New Smile and provide this customer feedback in your capacity as its Customer.
For good and valuable consideration, you irrevocably grant to New Smile and its licensees and assigns the perpetual, worldwide and absolute right to display, reproduce, publish, perform, exhibit, distribute, transmit, post, broadcast, sublicense, sell, transfer or otherwise make any commercial or non-commercial use of your statements and opinions about New Smile and its Services (or otherwise provided by you) (collectively, “Opinions and Statements”) in whole, in part or with or in connection with other materials for advertising, publicity and any other legal purpose, in perpetuity, throughout the world, in any and all media, whether now known or hereafter developed, including, without limitation, on the internet, without additional consideration, review or approval and to create derivative works based on my Opinions and Statements. You also grant New Smile the right to state expressly or imply endorsements of New Smile and/or the Services through the use of your Opinions and Statements. Except as prohibited by applicable law, you hereby waive any moral rights (including attribution and integrity) that you may have in any Opinions and Statements. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
You hereby affirm, in your capacity as a Customer, that your Opinions and Statements are a true and accurate reflection of your opinions about New Smile and its Services based on your own actual personal experience and, you hereby affirm that you are a bona-fide user of same, and to the best of your knowledge, your experiences as a Customer are typical and you have not received any special treatment or consideration. You are at least the age of majority in your state of residence and have the full right to grant this release and grant the rights set forth in this release. You have the authority to grant the rights herein granted, and no consent of another party is necessary for New Smile to exercise the rights granted herein. You acknowledge that New Smile is not required or obligated to use your Opinions and Statements in any manner or to attribute any of them to you. You agree to immediately notify New Smile in writing if there is any change in your Opinions or Statements or, as applicable, cease to be a bona fide user of the New Smile Services.
You hereby irrevocably release and discharge and agree to indemnify and hold New Smile and its agents, representatives, employees, officers, directors and members, and each of their respective licensees, successors and assigns (collectively, “Released Parties”) harmless from and against any and all claims, demands, actions, damages, liabilities, losses, costs and expenses arising out of or in connection with: (i) New Smile’s use of your Opinions and Statements, including, without limitation, any claims for personal injury, wrongful death, property damage, emotional distress, defamation, intellectual property infringement, false light, false endorsement and/or breach of the rights of privacy or publicity; and/or (ii) any breach or anticipated breach by you of any provision hereof. You further agree and covenant not to sue or bring any other proceeding against any Released Party based upon or relating to New Smile’s or other Released Party’s use of your Opinions and Statements, including, without limitation, any claim for violation of your right of publicity, privacy, moral right, defamation or interference with contract. You understand that the Released Parties are relying on this Release by you at great expense and agree any breach or anticipatory breach will result in irrevocable harm for which monetary damages alone will be insufficient and they are accordingly entitled to injunctive or equitable relief without obligation to post bond or surety. You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief. You hereby waive any right that I may have to inspect and/or approve the use of your Opinions and Statements.
This Release shall be binding upon, and shall inure to the benefit of, your heirs, executors, administrators, successors and assigns. You hereby certify and represent that you have read the foregoing, fully understand the meaning and effect thereof and are agreeing to this voluntarily. This Release shall be governed by the laws of the state applicable to agreements executed and to be fully performed therein (without regard to the conflict of laws provisions thereof). You acknowledge that this Release constitutes the entire understanding of the parties regarding your Opinions and Statements and supersedes all prior or contemporaneous understandings of the parties regarding that same subject matter, and that any modifications or amendments hereto must be in writing signed by the parties. A fax or photocopy of this document shall be deemed an original for all purposes.
Waiver and Severability
No waiver by New Smile of any term or condition set forth in this Agreement 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 New Smile to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement 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 Agreement will continue in full force and effect.