SmileSnap Terms of Service
Effective June 8, 2020
This Service is owned and operated by either Bid Doc Inc. d/b/a SmileSnap (collectively, "SmileSnap," "us," "our," or "we"). These Terms of Service ("Terms ") set forth the terms and conditions under which you are authorized to use our website at SmileSnap.com (the "Site") and the SmileSnap Starter and Pro Applications ("Applications"). The Site and SmileSnap will be collectively referred to as the " Service".
ARBITRATION NOTICE : These Terms require you to arbitrate disputes. This means that any dispute arising under these Terms or with respect to our Service will be resolved by binding arbitration, not in court. See below for more information.
Description of Service
The SmileSnap Service allows consumers ("Users") to provide images and information about oral care for dental and oral care services they are interested in and receive quotes for those services. When we provide our Service, we work on behalf of dentists, orthodontists, or other providers with whom we have a Client relationship (" Clients") and their users ("Client Users ") to create User profiles, and exchange information (including User Content) with Clients and other customers of SmileSnap regarding Users' treatment interests and Clients' treatment options, as well as quotes for Clients' proposed treatment plans.
Further, third party terms and conditions (e.g. those on a Clients' websites or services) may also apply to you, but are not incorporated into these Terms, and may include terms additional to or different from these Terms. We will not be liable to you for liabilities arising under any agreements between you and a Client or other third parties or arising from the acts or omissions of Clients and other third parties.
Through your use of our Service, you agree to these Terms. If you do not agree to these Terms, do not use our Service.
If you are having a medical emergency, please dial 911 or your local emergency services number. Do not contact us through our Service if you are experiencing a medical emergency.
Your Access to the Service
Subject to your compliance with these Terms, SmileSnap grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license:: (i) if you are a User, to access and use the Service for their personal use; (ii) if you are a Client User, to access and use the Service in accordance with the Client Agreement. Any rights not expressly granted herein are reserved by SmileSnap and SmileSnap's licensors.
You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You must immediately notify SmileSnap of any actual or suspected unauthorized use of your SmileSnap Account.
As a condition of your right to access and use our Service, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Service under the laws of the United States or any other country. SmileSnap reserves the right to terminate your access with or without reason at any time. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED UNDER YOUR ACCOUNT.
Terms Specific for Users
Terms Specific for Client Users
Modifications and Interruption to the Service
We reserve the right to modify or discontinue all or any portion of our Service with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that, while we strive to keep our Service secure and available, we do not guarantee continuous, uninterrupted or secure access to our Service, or that our Service will be error free. You understand that usage of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control. You are solely responsible for ensuring that you have the necessary means to access our Service, including but not limited to software, devices, or internet connections which may be required.
You may not engage in any of the following with regard to the Service (including without limitation posting or transmitting content through the Service):
(1) violate or encourage the violation of any local, state, national, or international law or regulation;
(2) collect or store personal data about other users of our Service or solicit personal information from any individual without proper rights or consent of the individual;
(3) send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by SmileSnap in its sole discretion;
(4) infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other intellectual property or other right of any person, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
(5) promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
(6) disrupt or interfere with the operation or security of the Service, or any websites or content linked to them;
(7) interfere with or damage the integrity of the Service, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Service;
(8) use the Service to store, access, or transmit malicious code, files, scripts, agents, or other malware or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses;
(9) attempt to use another user, person or entity, misrepresent your affiliation with a person or entity, including (without limitation) SmileSnap or create or use a false identity;
(10) attempt to obtain unauthorized access to the Service or portions thereof that are restricted from general access;
(11) use any meta tags or any other "hidden text" utilizing SmileSnap name, trademarks, or product names;
(12) engage in any activity that interferes with any third party's ability to use or enjoy the Service; or
(13) assist any third party in engaging in any activity prohibited by these Terms.
Further, without our written consent, you may not (to the maximum extent allowed by law):
(1) reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose any SmileSnap Content, our Service, or any intellectual property or other proprietary material therein;
(2) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Service or monitor or copy our web pages or the content contained thereon;
(3) deep link to the Service for any purpose; or frame the Service, place pop-up windows over any content, or otherwise affect the display of the Service; and
(4) access the Service in order to build a competitive product or service, benchmark or compare the functionality with a non-SmileSnap product/service, or otherwise attempt to reverse engineer or otherwise derive or obtain the Service's source code, or any algorithms, trade secrets, or other proprietary material of SmileSnap.
All content, copyrights, and other intellectual property rights in the content available on our Service, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively "Content") are owned by SmileSnap, Clients, or Users, with all rights reserved, and in some cases may be licensed to SmileSnap or its Clients by third parties.
This Content is protected by the intellectual property rights of SmileSnap or those owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the U.S. Federal Court System, whether registered or unregistered. All trademarks displayed on our Service are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with SmileSnap.
Any content uploaded, posted, submitted, or otherwise made available by individual Users, including without limitation all photos, documents, messages, etc. which does not originate with SmileSnap (" User Content"), is the sole responsibility of the person who made such User Content available on the Service. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by SmileSnap in its sole discretion, whether or not such material may be protected by law. Under no circumstances will SmileSnap be liable in any way for any User Content made available through the Service by you or any third party.
Since SmileSnap does not control the User Content posted on the Service, it does not guarantee the truthfulness, integrity, accuracy, suitability, or quality of that User Content, and it does not endorse or verify such User Content. You also agree and understand that by accessing the Service, you may encounter Content that you may consider to be objectionable. User Content is owned by the author thereof, and SmileSnap does not claim ownership of original works created and posted by individual visitors to the Service. SmileSnap reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is made available through the Service. You agree that the exercise by SmileSnap of such discretion shall not convert or transform User Content to content owned or provided by SmileSnap, and the user who made such User Content available on the Service will retain ownership thereof.
Permitted Use of the Content
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content or User Content available or through our Service, except as reasonably necessary for you to access and view those materials in accordance with these Terms and any Client Agreement, or for your own personal, non-commercial use without further reproduction, publication, or distribution.
Any use of Content on the Service, including without limitation use or reproduction for purposes not authorized herein, or any modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of SmileSnap or as part of a Client Agreement with SmileSnap, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of SmileSnap. You may not make any use of Content owned by any third parties which is available on the Service, without the express consent of those third parties.
If you believe that any Content on our Service violates these Terms or is otherwise inappropriate, please report the content by contacting us using the information below.
Notification of Claimed Copyright Infringement
In the event that you find content posted on our Service which you believe to be an infringement of the copyright of any third party, please immediately contact SmileSnap's Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act ("DMCA"):
1) your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
2) a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
3) a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
4) if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
5) a description of the infringing material and the URL where such material is located on the Service, or a description of where on our Service you found such material;
6) your written statement that you believe, in good faith, that the use of the work on our Service has not been authorized by the true owner of the work, its agent, or as a matter of law; and
7) a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to us:
Attn: Legal DMCA
3740 Dacoro Ln. #200
E-mail: [email protected], subject line "Legal - DMCA Notice"
In accordance with the DMCA, it is the policy of SmileSnap to terminate use of our Service by repeat infringers in appropriate circumstances.
Providing Feedback to SmileSnap
We welcome your comments and feedback about our Service. All information and materials submitted to SmileSnap through the Service or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Service or the business of SmileSnap (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but SmileSnap reserves the right to treat any such Feedback as the confidential information of SmileSnap.
By submitting Feedback to SmileSnap, you assign to the SmileSnap Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The SmileSnap Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY PROVIDED IN ANY OTHER AGREEMENT BETWEEN YOU AND SMILESNAP, SMILESNAP, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE " COMPANY PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SITES.
UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES' TOTAL LIABILITY TO YOU EXCEED $100.00. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
You agree to indemnify and hold the SmileSnap Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of the Service in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party's intellectual property or other rights by you or another user of our Service using your computer, mobile device or account.
Consent to Electronic Communications
By using the Service, you agree that SmileSnap may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that SmileSnap sends to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify SmileSnap at [email protected]
GOVERNING LAW; ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH SMILESNAP AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SMILESNAP.
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado and the United States of America, without resort to any conflict of law provisions. In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and SmileSnap agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of 60 days, then either of the parties may, by notice to the other demand mediation under the mediation rules of the JAMS/Endispute ("JAMS") in Denver, Colorado. Both you and SmileSnap both give up the right to litigate disputes and may not proceed to arbitration without first trying meditation, but you and SmileSnap are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and SmileSnap will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of JAMS before a single arbitrator in Denver, Colorado. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Denver, Colorado and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use of the Service.
This GOVERNING LAW; ARBITRATION section shall not apply to the extent in conflict with any Client Agreement.
Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Service in any way that violates applicable state, federal, or international laws, regulations, relevant guidance, or other government requirements.
Notice for California Users
Under California Civil Code Section 1789.3, California users of our Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Force Majeure - SmileSnap will not be liable for any failure or deficiency in the performance or availability of the Service by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to SmileSnap, fire, terrorism, pandemic or widespread illness, natural disaster, or war.
Modification of Terms - We reserve the right, at any time, to modify, alter, or update these Terms without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Service, without further notice to you. Your continued use of any of our Service after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms.
If you have any questions about these Terms, please feel free to please contact us at:
3740 Dacoro Ln. #200
Castle Rock, CO 80109