Last Updated: February 2024
Welcome to MySmile®! These Terms of Use ("Terms") govern your access to and use of the MySmile website and services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our website.
1. Use of Our Website:
a. License: We grant you a limited, non-exclusive, revocable license to access and use our website for your personal, non-commercial use.
b. Prohibited Activities: You agree not to engage in any of the following prohibited activities:
- Violating any laws or regulations;
- Impersonating any person or entity;
- Interfering with or disrupting our website or servers;
- Uploading or transmitting viruses or malicious code;
- Attempting to gain unauthorized access to our website or other users' accounts.
2. User Accounts:
a. Registration: In order to access certain features of our website, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process.
b. Security: You are responsible for maintaining the security of your account and password. You agree not to share your account credentials with others or allow unauthorized access to your account.
3. Intellectual Property:
a. Ownership: All content and materials on our website, including text, graphics, logos, images, and software, are the property of MySmile or its licensors and are protected by copyright and other intellectual property laws.
b. License: Subject to these Terms, we grant you a limited, non-exclusive license to access and use the content on our website for your personal, non-commercial use.
4. Third-Party Links:
a. Our website may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party sites. You access and use third-party sites at your own risk.
5. SMS
By consenting to MySmile Teeth’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at this link for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy HERE to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
- Arbitration:
By using or purchasing MySmile Teeth’s products or services, you agree that any controversy, claim, action, or dispute between you and MySmile Teeth arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of MySmile Teeth’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
- Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in San Bernadino, California, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of CA without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
- Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of MySmile Teeth’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 8577 Haven Ave Ste 210, Rancho Cucamonga, California 91730-4850, United States. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with MySmile Teeth. You are responsible for ensuring MySmile Teeth’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
- Class Action Waiver:
You and MySmile Teeth agree that you may bring or participate in Claims against MySmile Teeth only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and MySmile Teeth agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
6. Disclaimer of Warranties:
a. As Is Basis: Our website is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not guarantee that our website will be uninterrupted, secure, or error-free.
7. Limitation of Liability:
a. Indirect Damages: In no event shall MySmile, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our website.
8. Governing Law:
a. These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.
9. Changes to These Terms:
a. We reserve the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of our website after any such changes constitutes your acceptance of the revised Terms.
10. Contact Us:
a. If you have any questions or concerns about these Terms, please contact us at support@mysmilesteeth.com.
Thank you for using MySmile® Oral Care. We hope you enjoy our website!