SUBSCRIPTION TERMS OF USE
Please read these Subscription Terms of Service collectively and in conjunction with our standard Terms of Use at www.supersmile.com. These Subscription Terms of Service combined with our standard Terms of Use set forth the legally binding terms and conditions for your use of the Supersmile Site and Services.
ACCEPTANCE OF SUBSCRIPTION TERMS OF SERVICE.
- By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Subscription Terms of Service and all other operating rules, policies and procedures and additional Terms of Use that may be published from time to time by Supersmile.
- These Subscription Terms of Service apply to all users of the Services, including, without limitation, registered and unregistered users.
ELIGIBILITY
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Subscription Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Subscription Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
RULES OF CONDUCT
- As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Subscription Terms of Use. You are responsible for all of your activity in connection with the Services.
- All orders of Supersmile products must be for personal use only. By purchasing our products, you hereby agree not to resell or distribute such products for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
- You shall not: (i) take any action that will interfere or attempt to interfere with the proper working of the Services; (ii) harvest or scrape any content from the Services; (iii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate; (iv) otherwise take any action in violation of our guidelines and policies.
- We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Subscription Terms of Service, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; (v) market Supersmile services either directly by Supersmile or a representative of Supersmile: or (vi) protect the rights, property or safety of us, our users and the public.
RECURRING BILLING MODEL
Supersmile’s subscription programs are conducted on an Interval basis. An Interval may span one month or one quarter. For monthly programs there will be a monthly Interval charge and for quarterly programs there will be multiple charges spanning the three-month Interval (payment will be divided by three and charged 1/3 per month). By participating in a Supersmile subscription program you are enrolling in a recurring payment plan and you acknowledge that such services have an initial and recurring payment feature and you accept responsibility for all recurring charges applied prior to cancellation. All recurring payments are fully earned upon payment.
BILLING
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account (your “Billing Account”) for use of the services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this agreement. We are not responsible for errors by the payment processor. By choosing to use our services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
FREE TRIALS AND OTHER PROMOTIONS
Any free trial or other promotion must be used within the specified time of the trial. You will be required to have a valid payment method on file in order to initiate a free trial and will be automatically enrolled into a recurring paid Services program if you choose not to cancel sooner than three days prior to the end of your free trial period. You must cancel use of the selected paid Services before the end of the trial offer period in order to avoid being charged for that service. Free trial offers are one-time only for new customers only and are limited to one per household. If you have questions as to the end date of your free trial period contact us at customercare@supersmile.com.
REAFFIRMATION OF AUTHORIZATION
Your non-termination or continued use of a particular service reaffirms that we are authorized to charge your payment method for that Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
CANCELLATION
You may opt out of renewing your subscription contacting us at customercare@supersmile.com at least three business days before the next subscription Interval. If you do not let us know that you want to terminate your subscription at least three business days prior to the next subscription Interval, the payment for the Interval will be processed/charged.
If you sign up for a free trial, you may cancel at any time during the free trial period and incur no charge as long as the cancellation occurs at least three business days prior the free trial end date (the date at which the free trial transitions into the paid Service).
PRODUCT WARRANTIES
Product results may vary for multiple reasons, including but not limited to the manner in which you treat the products and the care with which you follow the instructions. Supersmile does not represent or warrant that your teeth will respond as expected or will be identical to that of the photos or images you may see through various marketing channels. Supersmile does not make any representation or warranty regarding delivery times in which results will occur.
SAFETY PRECAUTIONS/WARNINGS
As with any type of similar product, Supersmile products may contain ingredients which can cause allergic reactions, and in rare cases such reactions can be severe. You agree to assume all risks associated with potential adverse or allergic reactions. Please consult a physician before trying any Supersmile product you receive that may cause an adverse reaction.
INDEMNIFICATION
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Products, or Content which make up the Service you have selected to participate in with Supersmile.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
LIMITED LIABILITY
IN NO EVENT SHALL SUPERSMILE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS SITE OR THE MATERIALS THEREON OR RESULTING FROM USING SUPERSMILE PRODUCTS. IN THE EVENT THAT SUPERSMILE IS FOUND LIABLE TO YOU OR TO A THIRD PARTY FOR ANY REASON, OUR LIABILITY IS LIMITED TO THE GREATER OF: (A) ANY AMOUNTS YOU HAVE PAID US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM (THAT RESULTED IN LIABILITY) HAVING ARISEN, OR (B) $100 (ONE HUNDRED US DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
MODIFICATION
We reserve the right, in our sole discretion, to modify or replace any of these Subscription Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication.
We may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability. Your continued use of the Services following notification of any changes to these Subscription Terms of Service constitutes acceptance of those changes.
EFFECTIVE DATE OF TERMS OF SERVICE: March 1, 2016
