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Smile America Dental Marketing.com (SADM) Thank you for your decision to purchase one of our products or services or inquire about such information. Before you continue with your purchase or inquirer, please read these Terms and Conditions carefully because they contain important information that apply to you and your purchase, and will become a binding agreement between you and SADM once you complete your order or submission. If you do not agree to all of these Terms and Conditions, do not submit your order or submit for requested information! Your Order and Agreement. You have completed an online order and verification screen (“Order Form”) at the SADM website for an SADM publication (“SADM Publication”) or an SADM subscription service (“SADM Service”). In order to complete your purchase, you must (1) read these Terms and Conditions, and (2) submit your order at the bottom of the Order Form. Once you do so, these Terms and Conditions are a binding agreement between you and Smile America Dental Marketing, doing business as “Smile America Dental Marketing.com” (“SADM”) . Purchase and Payment. Under this Agreement, SADM agrees to provide to you, and you agree to purchase from SADM, the SADM Publication or SADM Service described in your Order Form. You also agree to pay the purchase price shown on the SADM website for the SADM Publication or SADM Service that you have ordered. If you have purchased an SADM Service for which there is an ongoing subscription or other fee, you agree to pay that fee for so long as you continue to use the SADM Service. You may cancel the SADM Service at any time by sending an email to SADM at info@charlesdentalgroup.com, after which you will not be charged any further fees for ongoing use of the SADM Service. Your obligation to purchase and pay for also applies to any SADM Publications and SADM Services that are offered to you as a “trial offer” unless and until you cancel your use of those SADM Publications or SADM Services. SADM Materials. SADM Publications and any newsletters and other materials that you may receive from SADM as part of an SADM Service (collectively, “SADM Materials”) are the exclusive property of SADM and are protected by copyright and other applicable laws. The SADM Materials are for your own personal use, and you cannot copy any portion of the SADM Materials without the written permission of SADM or distribute additional copies of SADM Materials to others. Forums. In some instances, your purchase of SADM Services may include access to live question and answer conference calls, online discussion forums and similar interactive communications (collectively, “Forums”). If you participate in Forums, you must comply with SADM’s Acceptable Use Policy (available at http://www.charlesdentalgroup.com/policies/aup.html ) and any other rules set out by SADM for participants in Forums. If you fail to comply with SADM’s Acceptable Use Policy and other rules, SADM may suspend or terminate your access to the Forums. Discounts. SADM may offer you various discounts, savings and other benefits on other products or services of SADM or its affiliates in connection with your purchase of SADM Publications or SADM Services. SADM does not guarantee the availability of particular discounts, savings or other benefits on specific products or services, and any discounts, savings or benefits are subject to change, time limits and conditions as may be determined by SADM in its discretion from time to time. Online Forms/Offers. In some instances you may be required to submit your information via online forms for various offers, products, reviews, information material and any other such offers. You agree to provide accurate and up-to-date information so SADM can contact you for delivery of your requested material and/or information. You also agree to accept future emails regarding SADM offers, products, reviews, information materials and any other such offers. Your information will not be shared or sold to anyone. We may however allow 3rd party promotions in which the 3rd party will provide us the material and SADM will be responsible for sending the material to you thus not giving the 3rd party access to your information. Guarantee. SADM may offer a time-limited, money-back guarantee on some SADM Publications and SADM Services. If there is a guarantee applicable to the SADM Publication or SADM Service that you have purchased, that guarantee is as set out on the applicable product page of the SADM website at the time you purchased the SADM Publication and SADM Service (the “Guarantee”). If during the time-limited period of your Guarantee period you are not satisfied with the SADM Publication or SADM Material you purchased, SADM will refund the purchase price to you. This is your sole and exclusive remedy against SADM and SADM’s sole and exclusive liability and obligation to you in connection with your purchase of any SADM Publication or SADM Service or anything arising out of or relating to that purchase or this Agreement. If you have purchased a monthly subscription service (Membership) with ongoing monthly charges NO refunds of any kind will be issued. If you decide to cancel your SADM Membership you must do so in writing by emailing SADM at info@charlesdentalgroup.com before your scheduled billing date. If the offer you are purchasing or subscribing to does not have a written guarantee stated, then no guarantees are granted. Exclusion/Limitation Of Liability. Notwithstanding any other provision of this Agreement, and to the maximum extent permitted by applicable law: (a) SADM’s liability (if any) under this Agreement or otherwise is limited to the purchase price paid by you for the SADM Products, and in no event will SADM be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage, arising from, connected with, or relating to this Agreement, the subject matter of this Agreement, any SADM Product or otherwise, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by SADM or any person for whom SADM is responsible, and even if SADM has been advised of the possibility of such potential loss or damage being incurred; and (b) in no event will SADM’s total aggregate liability to You or any other person under this Agreement or otherwise, under any contract, negligence, strict liability or other legal or equitable theory, regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by SADM or any person for whom SADM is responsible, and even if SADM has been advised of the possibility of such potential loss or damage being incurred, exceed the purchase price paid by You to SADM for the Materials. In this paragraph, “SADM” includes SADM and its past, present and future directors, officers, employees, agents, representatives, subcontractors, service providers, successors, permitted assigns, and related persons. Governing Law and Disputes. This Agreement and all related matters will be governed by and interpreted in accordance with the laws of the State of
Other Rights. The exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you. Miscellaneous. You represent that you are of legal age to enter into binding contracts under the laws of the jurisdiction where you reside. If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of any such severance this Agreement would fail in its essential purpose. This Agreement will endure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, personal representatives, successors and assigns. This Agreement sets forth the entire agreement and understanding of you and SADM with respect to the subject matter of this Agreement and supersedes any and all previous communications, representations, negotiations, discussions, agreements or understanding, whether oral or written, between you and SADM with respect to the subject matter of this Agreement. All amounts are stated in U.S. dollars. Purchase prices are exclusive of shipping and handling charges and any applicable taxes, customs or duties. |