TERMS AND CONDITIONS OF USE OF SITE, SITE INFORMATION AND SERVICES

Please review the following Terms and Conditions of Use (“Terms”) (“Agreement”) which govern Swanky Smiles parent company Interstellar Disruption, LLC, a New Mexico limited liability company (“Company”)’s website (“Site”) and the orthodontic services offered by Freeman Orthodontics, P.A. (“Practice”) as offered through the Site and as defined by the Notice of Privacy and Disclosure of Ownership (“Services”). Your use of Site and/or the registration for Services will constitute your agreement to adhere to and comply with the Terms of this Agreement. If you do not agree to or wish to comply with the Terms or this Agreement, please exit the Site.

1. Terms of Use

The Site and Services are not intended for the use of anyone under the age of eighteen (18). To register or use any Services offered by Practice, you must be eighteen (18) years of age or older. If you are under eighteen (18), or are considered a minor in the jurisdiction in which you reside, or you are considered a minor under this Agreement and may only use the Site, Site Information or Services in conjunction with the consent of your parent or legal guardian. Company or Practice does not knowingly collect personal identification information of individuals under the age of thirteen (13). Persons under the age of thirteen (13) are prohibited from using the Site and should not engage in the Site’s use. If any person below the age of thirteen (13) submits information to the Site, and Company or Practice becomes aware of that the submitting party is under thirteen (13), Company or Practice will use all reasonable efforts to delete the information as soon as practicable.

Furthermore, by accessing this Site, you agree to be bound by this Site’s Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable state and federal copyright and trademark law and are expressly prohibited from being used by any person or entity without the express written authorization of Company.

By using Site, scheduling appointments using Site, visiting the Site, or sending an e-mail or other electronic communication to Company, you are communicating with Company electronically and, thereby, agree to be communicated with by electronic means. Company may e-mail or post notices on Site and you agree that all agreements, notices, disclosures or other communications Company provides electronically satisfy any and all legal requirements that such communications must be in writing.

Failure to follow this Agreement may result in the suspension or termination of your access to this Site, Site Information, without notice at Company’s sole discretion for any reason at any time. You may also be subject to any and all remedies available to Company. 

2. Ownership, Trademark Notice and No License Granted

Company and Practice Site names, logos, and other identifying marks are the property of Company or Practice (whoever rightfully owns the logo or other mark). Other featured words or symbols, used to identify the source of any item, merchandise or service, may be the trademarks or intellectual property of their respective owners. Site is expressly owned and operated by Company. Unless otherwise noted, the design and content features on Site, 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, scheduling, and arrangement thereof (“Site Information”), are owned by Company. Site, as a whole or in part, is protected by copyright, trademark, service mark, trade name, proprietary information and other intellectual property and other proprietary rights and all other applicable rights are reserved. There is no permission granted by Company or Practice to temporarily download one copy of the materials (information or software) on Company’s Site for commercial, personal, or non-commercial use. Additionally, you may not: (a) modify or copy the materials; (b) use the materials for any commercial purpose, or for any public display (commercially, personally or non-commercially); (c) any attempt to decompile or reverse engineer any software or tools contained on the Site; (d) remove any copyright, trademark, service mark or other proprietary notations or intellectual properties from the materials; or (e) transfer the materials to another person or entity in any form, whether orally, in writing or by some electronic means. Additionally, you agree not to use this Site for any illegal, immoral, unscrupulous, or any other criminal activities.

3. Use of the Services

Site and Site Information is to only be used by you for your own personal information. Except as setout otherwise in this Agreement, Site does not grant you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform or distribute by any means or in any form, method or process any Site Information. You are not authorized to grant or allow others to use the Site and you are responsible for all uses of the Site by you and those you allow to use, provide access to the Site. Company and Practice are not responsible for what others may do for the access you grant them on your behalf. By using Site you agree to use Site  for only lawful purpose and you acknowledge that your failure to do so may subject you to any applicable civil or criminal penalty.

This Site provides for personal use of the individual accessing Site only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, or other such entities may not use the Services, the Site Information or the Site for any purpose without the express written consent and agreement of Company. You agree to not make use of Site Information by publication, retransmission, distribution, performance, caching or otherwise, except as permitted by laws or by express written permission of Company. Illegal or unauthorized uses of Site, including any efforts to collect usernames, e-mail addresses, or any other user information by any means for any purpose not authorized by the Company or this Agreement is strictly prohibited. The use of Site or Site information in unauthorized correspondences of any sort that have unauthorized framing of or linking to the Site or Site Information will be investigated and appropriate legal action will be taken, including, without limitation civil, criminal and injunctive relief.

4. Disclaimer and Limited Liability

The materials on the Site are provided “as is” with all faults. You use the Site at your sole and exclusive risk. Company and Practice makes no warranties, expressed or implied, orally or in writing, or representations and hereby disclaims and negates all other warranties and representations, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Company and Practice do not warrant or make any warranties or representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this Site. Company, Practice and any of their affiliates and its third-party providers do not represent or warrant that access to the site and its services will be uninterrupted or that there will be no failures, errors or omissions, or losses or security breach of transmitted information or that no viruses will be transmitted through access and use of the Site.

Company, Practice and their affiliates and third-party providers shall not be liable to you or any other third party for any direct, indirect, special, consequential or punitive damages arises out of this Agreement, the provision of services herein and hereunder the sale or purchase of Services ordered or scheduled through the Site, your access to or inability to access the Site, Site Information, including for viruses alleged to have been obtained from the Site, Site Information, your use or reliance on the Site, Site Information or materials available through third-party sites linked on 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. Company recognizes and acknowledges that 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. Company and Practice also recognizes and acknowledges that you may also have other rights that vary from state to state.

In no event shall Company, Practice or their affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use Site, Site Information on Company’s Site, even if Company’s authorized representative has been notified orally, electronically or in writing of the possibility of such damage.

You hereby release Company, Practice, and other affiliates and third-party providers, and each of the respective directors, officers, employees, assigns, and agents from any and all claims, demands and damages, whether actual or consequential, of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed (“Claims”) arising out of or in any way connected with your use of the Site, Site Information or Services. If you are a resident of California, you expressly waive your right to California Civil Code Section 1542.

5. Revisions and Errata

The materials appearing on Company’s Site could include technical, typographical, or photographic errors. Company or Practice does not warrant that any of the materials on its Site are accurate, complete, or current. Company may make changes to the materials contained on its Site at any time without notice. Company does not, however, make any commitment to update the materials.

6. Links

Company and Practice has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked websites. The inclusion of any link does not imply, implicitly or explicitly, endorsement by Company or Practice of the linked websites. Use of any such linked website is at the user sole discretion and risk.

7. Site Terms and Conditions Modifications

Company may revise these Terms for its Site at any time without notice. Furthermore, Company can, without notice, modify alter, or update this Agreement. The date of the most recent revision will appear with this Agreement. Continuing to access Site or to use Services will constitute your acceptance of any changes or revisions to the Agreement. Moreover, by using this Site you are agreeing to be bound by the then current version of these Terms as well as Company’s Notice of Privacy. Finally, Company reserves the right to post additional rules of usage to apply to specific parts of the Site or to certain uses of the Services (“Additional Terms”). These Additional Terms may be posted in the relevant part of the Site or may be added to this Agreement. Your continued use of the Site or Services constitutes your agreement to comply with these Additional Terms.

8. Arbitration

At the Company’s sole discretion, Company may require a complaining party to submit any disputes arising from the “Use of Terms of Site, Site Information and Services”, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arkansas law.

9. Jurisdiction and Governing Law

This Site is intended for users located in the United States. If you are a non-United States user, by visiting the Site, using its Services or provide Company any Content, you agree to comply with all applicable laws governing the Site, its 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 the country in which you reside. Additionally, you agree that this Agreement shall be governed by the laws of the State of Arkansas and any action based on any alleged breach of this Agreement must be brought in Washington County Circuit Court or federal court in the Western District of the State of Arkansas. Each party agrees to submit to the exclusive personal jurisdiction and venue of such courts.

Last Revised and Effective: October 01, 2017