Terms and Conditions
Smiles for the People, LLC (hereinafter, the “Company”) provides its services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
Compliance with Terms and Conditions, Laws and Regulations; Intellectual Property
By accessing this website, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
All of the Intellectual Property, including, without limitation, all content, text, graphics, video and sounds on the website, and all computer code associated therewith, are the valuable proprietary property of the Company, its licensors and contributors, and are subject to copyright, trademark and other intellectual property protection. You acknowledge and agree that the Company has expended substantial time and effort to create the Company website, and the content and services provided through the Company website, and that the Company exclusively owns or has been licensed by third parties to use and sublicense all rights, title and interest therein and all associated information, data, databases, images and other material.
Any claim relating to Company’s website shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.
Some links within the website may lead to other websites, including those operated and maintained by third parties. The Company includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.
Reproduction, distribution, and/or retransmission of material contained within the Company website is prohibited unless the prior written permission of the Company has been obtained.
When you visit The Company Online Store or send e-mails to us, you are communicating with us and third parties electronically. You consent to receive communications from us or those third parties with which we contract to provide ecommerce services electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Company trademarks and trade dress may not be used in connection with any product or service that is not the Company’s proprietary property, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Company. All other trademarks not owned by the Company or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its subsidiaries.
License and Site Access
The Company grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or any of our associates without express written consent. You may not use any meta tags or any other “:hidden text”: utilizing the Company name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Company so long as the link does not portray the Company, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Membership Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. The Company and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Emails, and Other Content
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “:spam.”: You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant the Company and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify the Company or its associates for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
The risk of loss and title for all items purchased from the Company pass to you upon our delivery to the Company’s selected carrier.
The Company and its associates attempt to be as accurate as possible. However, the Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Company itself is not as described, your sole remedy is to return it in unused condition for a refund of the purchase price excluding any shipment costs previously paid by the Company.
Disclaimer of Warranties and Limitation of Liability
This site is provided by the Company on an “AS IS”: and “AS AVAILABLE” basis. The Company MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, the Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Company DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM the Company ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. the Company WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES INCLUDING THOSE ARISING FROM A BREACH OR LOSS OF DATA OR PAYMENT INFORMATION.
Any dispute relating in any way to your visit to the Company website or to products you purchase through the Company website shall be submitted to confidential arbitration in Illinois, except that, to the extent you have in any manner violated or threatened to violate the Company intellectual property rights, The Company may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding anything contained herein to the contrary, each party shall be responsible for its own attorney’s fees.
Site Policies, Modification, and Severability
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to the Company. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.