Terms of Use

Last Revision – May 01, 2021

Welcome to the website belonging to Smiles Club, Inc. (“Company”). Please read and review the Terms of Use found herein ("terms of use", "agreement") carefully concerning your use of the website before moving forward. These terms will govern your use of Smiles.club [“Smiles Club”] website (“website”, “site”, "service"), any affiliated mobile applications (the “Applications”), any affiliated shopping and/or other service/s offered through this website and the Applications (collectively, the “Services”).

The use of this website, Applications, and/or registration for any Services will constitute your agreement to comply with and be bound by the terms of this Agreement. By using this website in any way, including accessing, using or downloading any information and/or materials from the website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you cannot agree to and comply with this Agreement and its requirements if you do not want to be bound by the terms of this Agreement, or if you disagree with one or more of the terms found herein, or find them unacceptable in any way, including without limitation the indemnity and arbitration provisions, you are advised to leave the website accordingly. Smiles Club only grants use and access of this website, its products, and its services to those who have accepted its terms.

The terms "you," "your," and "yours" refer to you, the visitor to or user of the website. The terms "Align," "we," "us," and “our” refer to Smiles Club.

Smiles Club reserves the right, at any time without prior notice, to edit, change, add to, modify, alter or update the terms of this Agreement. The date of the most recent revision will appear on this page. We shall let our users know of these changes through electronic mail when our users submit their email information to support@Smiles.club, otherwise it is their responsibility to review these changes by revising this page. The updated Agreement will supersede and replace all prior agreements, and continued access and use of the Services after publication of any such changes shall constitute your acceptance of the modified Terms.

The Website and all Information associated herein, is provided “as is” with any and all faults. Your continued use of the Website and affiliated Services, as authorized herein, is at your own risk. The information contained on the Website or any affiliated Services may contain errors, omissions, or typographical errors, or may be out of date.

Please be aware that your failure to adhere to the requirements set forth in this Agreement may result in the suspension or termination of your access to the Services, without notice, in addition to Smiles Club' other remedies. Smiles Club further reserves the right to terminate, without notice, any user's access to or use of the Site and Applications for any reason.

Before moving forward with the use of this website or any affiliated Applications, we advise you to read our privacy policy regarding our user data collection, including the collection and use of your information. Upon acceptance of these Terms you agree that any information that you submit through the Sites or Applications that is communicated to our affiliated medical professionals, or is otherwise intended or reasonably expected to be used for clinical assessment, will be accurate and complete.

Your use of the Site and Applications constitutes your agreement to the terms and conditions of the Privacy Policy. Upon acceptance of these Terms you confirm that you have read, understood, and accepted Sonrisa’s Online Privacy Policy.

All information contained on this website or on any affiliated product or Application is not exhaustive and is provided for informational purposes only as educational content. This includes any data, links, and/or other materials, together with information relating to orthodontic, dental, medical and health conditions, and products and treatments.

The educational content is therefore not intended to be used for diagnosis or treatment of any medical condition and is not intended to serve as dental or other professional health advice. YOU SHOULD NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY IN SEEKING TREATMENT BASED ON THE EDUCATIONAL CONTENT FOUND HEREIN OR OTHER WEBSITES LINKED TO OR FROM THIS WEBSITE. The educational content found herein should not replace a patient visit, call, consultation or advice of an orthodontist, dentist or medical professional, and does not constitute the provision or practice of dentistry or professional health care advice or service. As such, the use of the Services does not create a doctor-patient relationship with Smiles Club.

You must be at least 18 (eighteen) years of age to independently visit and use this website or register for any Services offered through the Website and/or any affiliated Applications; however, users under the age of 18 may access the Site, Applications and the Services, only as detailed below. Otherwise, by using this Website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. Smiles Club hereby disclaims all liability and assumes no responsibility for liabilities related to age misrepresentation.

If you are a minor between the ages of 13 and 17, you may only use the Site and/or Applications in conjunction with the permission or consent of your parent(s) or guardian(s). By moving forward with the use of the website, you represent to us that, you have consent from a parent or legal guardian to do so, and that your parent or legal guardian has read and agreed to these Terms of Use. CHILDREN UNDER 13 ARE NOT PERMITTED TO USE THIS WEBSITE. Smiles Club does not knowingly collect personally identifiable information from users under the age of 13.

You agree that all design and content features on the Site and Applications, 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 and App Information"), and services provided on this Website are the property of Smiles Club, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, service mark, patents, and other intellectual property. You also agree that you will not reproduce or redistribute Smiles Club’ intellectual property in any way, including electronic, digital, or new trademark registrations.

You grant Smiles Club a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.

Although registration is not required to view certain content on the Website, as a user of this Website and any affiliated Services or Apps, you may be asked to register with us and provide private information, including your e-mail address and password. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password. As such you should keep your Credentials private and not share your Credentials with anyone else.

If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address it accordingly. We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.

You may use this website only to the extent that you obey all laws, rules, and regulations applicable to your use of this website.

The Site and any associated Applications are hosted in the United States and are only intended for users located in the United States. If you are a Site user or purchaser of Service that is not based in the United States, by visiting the Site, purchasing Service, or providing User Content, you agree to comply with all applicable laws, rules, and regulations governing the Site, the 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 from your country of residence.

Please note that our Services are intended for personal use only and may not be used in connection with commercial endeavors, unless otherwise permitted by written agreement.

The information provided on the Smiles Club website is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.

This Website is a service provided by Smiles Club and does not constitute any contact with any jurisdiction outside the State of Utah, U.S.A. Those who choose to access the Website and all any affiliated Services and products offered through the Website and Applications do so of their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of this website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the website illegal. Users in such jurisdictions visit and use this website entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive remedy provisions and the warranty disclaimers.

This Agreement is entered into and performed in the State of Utah, United States of America. It is governed by and shall be construed under the laws of Utah, exclusive of any choice of law or conflict of law provisions.

You and Smiles Club agree to arbitrate any and all Disputes arising out of or related to this agreement or any aspect of the relationship between you and Smiles Club. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by Utah ADR Services, according to this provision and the applicable arbitration rules for said forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside or at another mutually agreed upon location.

The arbitrator will conduct hearings, if any, by teleconference, videoconference, or based solely on written submissions, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is necessary. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by Utah ADR Services, or a location ordered by the arbitrator.

The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Smiles Club will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. The entire arbitration, including the arbitrator’s decision, shall be confidential unless otherwise agreed upon by the parties. For purposes of this arbitration provision, references to you and Smiles Club also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

You expressly agree that your use of, or inability to use, the service is at your sole risk. THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND ANY OF ITS SERVICES IS TO STOP USING THE WEBSITE OR SERVICE. The service (and all products and services delivered to you through the service) are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability or implied warranties for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Nothing in this section “Disclaimer of Warranties; Limitation of Liability” is intended to apply to individuals who are licensed to practice dentistry or orthodontics, in the rendering of professional services by such individuals, with respect to the provision of services for which licensure is required, except to the extent otherwise permitted by applicable state law.

Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

If you wish to purchase products or services described or linked to on the website, you will be asked to provide specific information from Smiles Club or the third-party provider of the product or service. This information will be applicable to your Transaction, and will include, without limitation, credit card (or other applicable payment mechanism) and other payment as well as your shipping information. You understand that, if any such information is provided to Smiles Club, then Smiles Club shall treat any such information in the manner described in our Online Privacy Policy. By supplying such information, you agree to allow Smiles Club to share your information with applicable third parties for the sole purpose of facilitating the completion of Transaction(s) initiated by you or on your behalf. You agree to pay all charges incurred by you or any users on your membership account or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges, as well as any applicable taxes relating to your purchase(s). YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MECHANISM USED IN CONNECTION WITH ANY TRANSACTION UNDERTAKEN ON OR THROUGH YOUR ACCOUNT.

Smiles Club reserves the right, without prior notification, to change website descriptions or references, to limit the order quantity on any product or service and/or to refuse service to any customer. Verification of information applicable to a purchase may be required prior to Company’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Smiles Club is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to Company’s and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction. Current rates for any product or service available through the website may be obtained by communicating with us via e-mail.

By purchasing a product through Smiles Club you consent to electronic communications in the form of e-mail at the e-mail address that you provide at the time of purchase. You further consent that electronic communications, including any authorizations that you provide, shall satisfy any legal requirements for a writing.

For certain kinds of messages, we may ask you to opt-in by providing your phone number. In those instances we will send you a confirming message that you have subscribed. This will generally be for things like appointment reminders or reminders about changing your aligners. You will have the ability to opt-out or cancel those reminders at any time by texting “STOP”. Your opt-out will only be effective as to the cell phone number from which you send the STOP request or that you specify. However, if you stop those messages, we won’t be able to easily send you those reminders that would be useful for your journey.

Message and data rates may apply to each text message sent or received in connection with Align Technology text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Smiles Club does not impose a separate fee for sending text messages.

Anything on the website inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.