These terms and conditions (“Agreement”) set out the terms and conditions for your use of the smiledesignboutique.com website (“Website” or “Service”) and all of its associated products and services (collectively, “Services of service ”). This agreement is legally binding between you (“User”, “you” or “your”) and Smile Design Boutique (« Smile Design Boutique”, “us”, or “ours”). By accessing and using the Website and the Services, you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to this Agreement, in which case the terms “user”, “you” or “your” will reference to such an entity. If you do not have such authority, or if you do not agree to the terms of this
agreement, you must not accept this agreement and may not access and use the website and the services. You acknowledge that this agreement is a contract between you and Smile Design Boutique, even though it is electronic and not physically signed by you, and that it governs your use of the website and the services offered.
AGE REQUIREMENT
You must be at least 16 years old to use the website and the services. By using the website, its services and accepting this agreement, you warrant and represent that you are at least 16 years of age.
ACCURACY OF INFORMATION
Sometimes there may be information on the website that contains typographical errors, inaccuracies or omissions that may relate to prices, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or the Services is inaccurate at any time without notice (including included after submitting your order). We assume no obligation to update, change or clarify any information on the website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken as an indication that all information on the Website or the Services has been changed or updated.
LINKS TO OTHER RESOURCES
Although the website and the services may be linked to other resources (such as websites, mobile applications, etc.), we do not, directly or indirectly, imply any endorsement, association, sponsorship, endorsement or affiliation. with a linked resource, unless otherwise specified. here. We are not responsible for the review or rating, and we do not guarantee the offerings of any companies or individuals or the content of their resources. We take no responsibility for the actions, products, services and content of any other third party. You should carefully review the legal statements and other terms of use of any resource that you access through a link on the Website and the Services. Your linking to any other offsite resource is at your own risk.
PROHIBITED USES
In addition to the other terms set out in the Agreement, you are prohibited from using the Website and the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in illegal acts; (c) to violate any local international, federal, provincial or state regulations, rules, laws or ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, denigrate, intimidate or discriminate on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to download or transmit viruses or any other type of malicious code that will or could be used in any way that will affect the functionality or operation of the website and the services, products and services of third parties or of Internet; (h) to spam, phish, pharm, pretext, spider, crawl or scratch; (i) for obscene or immoral purposes; or (j) to interfere with or bypass the security features of the Website and services, third party products and services or the Internet. We reserve the right to terminate your use of the Website and the Services for violating any of the prohibited uses.
INTELLECTUAL PROPERTY RIGHTS
“Intellectual property rights” means all present and future rights conferred by law or equity in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right of sue for fraudulent use, rights to inventions, rights of use and all other intellectual property rights, in each case, whether registered or unregistered and including all claims and rights to be requested and granted, priority claim rights, those rights and all rights or similar or equivalent forms of protection and any other result of intellectual activity which subsists or will subsist now or in the future in any part of the world. This agreement does not transfer to you any intellectual property owned by Smile Design Boutique or its third parties, and all rights, titles and interests to this property will remain (between the parties) solely with Smile design Boutique. All trademarks, service marks, graphics and logos used in connection with our website and its services are registered trademarks of Smile Design Boutique or of its licensors. Other marks, service marks, graphics and logos used in connection with the Website and the Services may be the trademarks of other third parties. Your use of the website and the services does not grant you any right or license to reproduce or otherwise use any of the trademarks of Smile Design Boutique or its third parties.
DISCLAIMER OF WARRANTY
You agree that this service is provided on an “as is” and “as available” basis and that your use of the website and the services is solely at your own risk. We expressly disclaim all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non infringement. We do not warrant that the Services will meet your requirements or that the Service will be uninterrupted, timely, secure or error-free; we make no warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and / or data uploaded or otherwise obtained through the use of the Service is done at your own discretion and at your own risk and that you will be solely responsible for any damage or loss of data resulting from the uploading of this material. and / or data. We make no warranty with respect to any goods or services purchased or obtained through the Service or transactions entered into through the Service, unless otherwise specified. No advice or information, oral or written, obtained by you from us or through the Service shall create any warranty not expressly stated herein.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will Smile Design Boutique, its affiliates, directors, officers, employees, agents, suppliers or licensors be held liable to anyone for any indirect, incidental, special, liability, punitive, cover or consecutive. damages (including, without limitation, damages for loss of profit, revenue, sales, customer base, use of content, impact on business, business interruption, loss of anticipated savings, loss of opportunity commercial) whatever the cause, according to any theory of liability, including, without limitation, contract, tort, warranty, breach of legal obligation, negligence or otherwise, even if the responsible party has been informed of the possibility of such damage or could have foreseen such damage. To the maximum extent permitted by applicable law, the overall liability of Smile Design Boutique and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater than one Swiss Franc or any amount. actually paid in cash by you to Smile Design Boutique for the period of one month preceding the first event or event giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any loss or failure to fulfill its essential purpose.
INDEMNITY OF THE STRUCTURE
You agree to indemnify and hold harmless Smile Design Boutique and its affiliates, directors, officers, employees, agents, suppliers and licensors from all liability, loss, damage or cost, including reasonable attorneys’ fees. , incurred in connection with or arising out of any allegation, claim, action, litigation or demand of third parties against any of them due to or in connection with your content, your use of the website and the services or any willful misconduct from you.
DIVISIBILITY
All rights and restrictions contained in this agreement may be exercised and are applicable and binding only to the extent that they do not violate applicable laws and are intended to be limited to the extent necessary so that they do not render this Illegal, Invalid or Unenforceable Agreement. If any provision or part of a provision of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the parties intend that the other provisions or parts thereof constitute their agreement with respect to it. object hereof and that all other provisions or parts thereof remain in full force.
DISPUTE RESOLUTION
The formation, interpretation and execution of this Contract and any resulting dispute are governed by the substantive and procedural law of Switzerland, without regard to its rules on conflicts or choice of law and, in the applicable measure, Swiss law. The courts located in Switzerland have sole jurisdiction over actions relating to the subject matter hereof and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
ASSIGNMENT
You may not assign, resell, sublicense or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent will be at our sole discretion and without obligation; any assignment or transfer of this type is null and void. We are free to assign our rights or obligations hereunder, in whole or in part, to a third party in connection with the sale of all or substantially all of its assets or shares or in connection with a fusion.
APPLICABLE CHANGES
We reserve the right to change this Agreement or its terms relating to the Website and the Services at any time, effective after posting an updated version of this Agreement on the Website. When we do, we’ll revise the updated date at the bottom of this page. Your continued use of the Website and the Services after such changes constitute your consent to such changes.
ACCEPTANCE OF THESE CONDITIONS
You acknowledge that you have read this Agreement and accept all of its terms. By accessing and using the Website and the Services, you agree to be bound by this Agreement. If you do not agree to comply with the terms of this Agreement, you are not authorized to access or use the Website and the Services.