Website Terms Of Use

These terms of use are entered into by and between you (“End User,” “you,” or “your”) and SMS OpCo, LLC (“6MS,” “we,” “our,” or “us”) and state the material terms and conditions that govern your access to and use of https://www.sixmonthsmiles.com and/or https://www.6monthsmiles.com (collectively, the “Website”), including any content, functionality and services offered on or through the Website.  The following terms and conditions, together with all updates, supplements, additional terms, and all 6MS’s rules and policies, including the 6MS Privacy Policy, available at https://providers.6monthsmiles.com/pages/privacy_policy.aspx (“Privacy Policy”), each of which are incorporated by reference, collectively constitute the entire “Terms of Use” between you and 6MS.

Please read these Terms of Use carefully before you start to use the Website.  BY USING THE WEBSITE OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS OF USE.   IN ACCEPTING THESE TERMS OF USE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) CONSENT TO THESE TERMS OF USE (OR IF YOU ARE UNDER THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU LIVE, YOU REPRESENT THAT YOU HAVE THE CONSENT TO ACCEPT THESE TERMS OF USE FROM YOUR LEGAL GUARDIAN AND YOUR LEGAL GUARDIAN HEREBY CONSENTS TO YOU ENTERING INTO THESE TERMS OF USE); AND (C) AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE.  IF YOU DO NOT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, PLEASE DO NOT CLICK THE “ACCEPT” BUTTON OR ACCESS OR USE THE WEBSITE.

1. The Website Does Not Provide Medical Advice

• THE CONTENTS OF THE WEBSITE (SUCH AS TEXT, GRAPHICS, IMAGES, INFORMATION OBTAINED BY US FROM THIRD-PARTY LICENSORS AND OTHER MATERIAL CONTAINED ON THE WEBSITE, INCLUDING INFORMATION RELATED TO ORTHODONTIC, DENTAL, MEDICAL AND/OR HEALTH CONDITIONS) ARE MADE AVAILABLE TO YOU FOR INFORMATIONAL PURPOSES ONLY.

• THE WEBSITE DOES NOT PROVIDE MEDICAL DIAGNOSES OR RECOMMENDATIONS REGARDING MEDICAL TREATMENT.

• THE WEBSITE AND THE CONTENT APPEARING ON THE WEBSITE ARE NOT SUBSTITUTES FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.

• ALWAYS SEEK THE ADVICE OF YOUR DENTIST OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY MEDICAL CONDITION OR TREATMENT.

• NEITHER THE WEBSITE NOR YOUR USE OF THE WEBSITE CREATES A DOCTOR/PATIENT RELATIONSHIP.

• IN NO EVENT WILL WE BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE.

2. Application of Terms of Use
These Terms of Use apply only to information we collect via the Website and in email, text or other electronic communications sent through or in connection with the Website. These Terms of Use DO NOT apply to information that:

• We collect offline or through any other websites or portals not controlled by 6MS;

• You provide to, or that is collected by, any third party; or that

• Originates from any other sources.

Such third parties may have their own terms of use and privacy policies, which we encourage you to read before interacting with them or providing information to or through them.

3. Eligibility
The Website is intended for End Users who are 16 years of age or older.  If you are under the age of 16, you may only use the Website in conjunction with your parents or legal guardian or with the consent of your parents or legal guardian.  By using the Website or “clicking through” any acceptance button presented to you on the Website, you represent and warrant that you are 16 years of age or older or meet all of the foregoing eligibility requirements.  If you are not 16 years of age or older and do not meet all of these requirements, you must not access or use any of the Website. 

4. Changes to Terms of Use
We reserve the right, at our discretion, to update, change, modify, add, or remove portions of these Terms of Use at any time in order to conform them to our business practices.  All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.  Notwithstanding the foregoing, if we make material updates to these Terms of Use that would implicate your rights or obligations under these Terms of Use, we will require you to reaffirm your consent to these Terms of Use as revised (including the Privacy Policy).  Your continued use of the Website thereafter constitutes your acceptance of such changes. 

5. Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, as well as any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website; and

• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

6. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, headers, stories, software, text, displays, photos, images, tearsheets, video and audio, and the design, selection and arrangement thereof), are owned by 6MS, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

If you take any action in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of materials you have made.  No right, title or interest in or to the Website or any content via the Website is transferred to you, and all rights not expressly granted are reserved by 6MS.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

7. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any of the following ways:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.

• To impersonate or attempt to impersonate 6MS, a 6MS employee, another user, or any other person or entity (including, without limitation, by using e-mail associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm 6MS or users of the Website or expose them to liability.

Additionally, you agree not to do any of the following:

• Use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other party’s use of the Website, including its ability to engage in real time activities through the Website.

• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. 

• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

• Use any device, software or routine that interferes with the proper working of the Website.

• Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Website.

• Modify copies of any materials from the Website.

• Use any illustrations, photographs, video or audio sequences or any graphics from the Website or any text.

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

• Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than those permitted uses set out in this Section, please address your request to customercare@sixmonthsmiles.com.

8. Trademarks
The 6MS name, the terms Six Month Smiles, Lucid Lok, Frequent Smiler Program, Frequent Smiler Rewards Program, Orthoflow, Orthomax, Confidex Predictable Digital Treatment Planning and Confidex, the 6MS logo and all related names, logos, product and service names, designs and slogans are trademarks of 6MS or its affiliates or licensors. You must not use such marks without the prior written permission of 6MS.

Certain products, services or company designations for companies other than 6MS may be mentioned in the Website for identification purposes only.  Third-party trademarks, trade names, logos, product or services names contained on the Website are the trademarks, registered or unregistered, of their respective owners.

9. User Contributions
The Website may contain personal dentist and practice web pages or profiles and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in Section 10 of these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not 6MS, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

10. User Contribution Content Standards
These content standards apply to any and all User Contributions you post directly to the Website and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; 

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and the Privacy Policy.

• Be likely to deceive any person;

• Promote any illegal activity, or advocate, promote or assist any unlawful act; 

• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization; 

• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

11. Monitoring and Enforcement

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion;

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for 6MS;

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; 

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and

• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS 6MS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

12. Copyright Infringement
If you believe that any User Contributions violate your copyright, please contact us at customercare@sixmonthsmiles.com.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Additionally, the Website may provide information regarding short-term orthodontics providers (“Provider” or “Providers”) in your vicinity.  Such information may be subject to change, and we cannot guarantee that the listings, contact information, or other details regarding such Providers are up-to-date.  If a Provider updates its information, there may be a delay in time before such information is updated or otherwise reflected via our Website.  Similarly, we cannot guarantee that our Website includes every potential Provider in your vicinity.  Consequently, we cannot guarantee the accuracy of such information, and your reliance on such information is solely at your own risk.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

The Website does not provide medical diagnoses or provide dentistry or medical advice.  Any services or materials provided by 6MS via the Website to a Provider is factual information or documentation for use by the Provider in creating or evaluating the effectiveness of a proposed treatment plan and/or use of 6MS products or services.  These services or materials are not a substitute for dental or medical advice, and Provider has the sole responsibility for evaluating whether a treatment plan and/or the use of 6MS products and services is appropriate for a specific patient. 

The Website includes content provided by third parties, including materials provided by other Providers and end users. All statements and/or opinions expressed in these materials and all other content, other than the content provided by 6MS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials are for informational purposes only and should not be construed as dentistry or medical advice.  Furthermore, these materials do not necessarily reflect the opinion of 6MS. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

In no event will 6MS be liable for any decision made or action taken in reliance upon the information provided, including information provided by other users, through this Website.

14. “Find a Doctor” Feature
We provide the “Find a Doctor” feature to provide you with a list of Providers in your vicinity, and we provide this feature solely for your convenience.  The Providers referenced to you as part of this feature are provided solely based on their proximity to the location or keywords you used to conduct your Provider search and do not reflect the opinion of or an endorsement by 6MS of these Providers. 

Provider markings (Silver, Gold, Platinum, Elite) are assigned based solely on the volume of cases a Provider has completed with 6MS and do not reflect an opinion of or an endorsement by 6MS of these Providers.  Neither the volume of cases nor the Provider markings should be construed as an assessment of the quality, professionalism, or conduct of these Providers.  These Provider markings are not a recommendation of these Providers by 6MS. 

As with selecting any medical provider, we encourage you to conduct your own research before choosing a Provider for 6MS services.  6MS is not responsible for the conduct, professionalism, or other behavior of Providers.  Only move forward with a Provider if you are comfortable with the Provider. 

15. Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such materials.

16. Information About You and Your Visits to the Website
All information we collect on the Website is subject to our Privacy Policy, available at https://providers.6monthsmiles.com/pages/privacy_policy.aspx, as the same may be updated from time to time.

The Website is governed by and operated in accordance with United States law. If you are located outside of the United States, you use this Service at your own risk. 6MS operates globally, so it is necessary to transfer any personal data shared by or collected from you when using the Website. In particular, your information will be transferred to and processed in the United States where many of our central databases operate. By using the Website, you (a) acknowledge that the data protection laws of other countries, including the United States, may provide a less comprehensive or protective standard of protection than those in your country, and (b) consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and applicable privacy laws.

17. Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

18. Other Third-Party Services
Additionally, the Website may contain services and functionality provided by third parties.  The use of such services or functionalities may be subject to additional terms and conditions provided by such third parties, and we have no control over such terms and conditions.  By using the Website, you acknowledge that your use of such third-party services is subject to the terms and conditions of use for such third parties, over which we have no control.

19. Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

20. Links from the Website 
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

21. Electronic Communications
When you send emails or other electronic messages to us or in connection with the Website, you are communicating with us electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically.  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.

22. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER 6MS NOR ANY PERSON ASSOCIATED WITH 6MS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER 6MS NOR ANYONE ASSOCIATED WITH 6MS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

6MS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

23. Limitation on Liability
IN NO EVENT WILL 6MS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

24. Indemnification
You agree to defend, indemnify and hold harmless 6MS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, User Generated Content, Interactive Services and other services and products, other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

25. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Dallas and County of Dallas, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

26. Arbitration
At the 6MS’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, nonperformance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

27. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

28. Waiver and Severability
No waiver by 6MS of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of 6MS to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be, in the first instance, reformed or limited to the minimum extent such that the relevant provision is enforceable, and the remaining provisions of these Terms of Use will continue in full force and effect. If such reformation or limitation cannot cure the deficiency of such provision, it shall be eliminated from these Terms of Use and the remaining provisions of these Terms of Use will continue in full force and effect.

29. Entire Agreement
These Terms of Use, Privacy Policy, and any additional terms incorporated by reference constitute the sole and entire agreement between you and 6MS with respect to the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

30. Your Comments and Concerns
The Website is operated by SMS OpCo, LLC, 6270 Morning Star Drive, Suite 120, The Colony, Texas, 75056, USA.

All notices regarding copyright should be sent to the address set forth in Section 12 above in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to customercare@sixmonthsmiles.com

6MS-GDPR-003 Website Terms of Use Rev A