Last Modified: 30 October 2018
1. The Website Does Not Provide Medical Advice
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.
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:
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.
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.
7. Prohibited Uses
Additionally, you agree not to do any of the following:
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 firstname.lastname@example.org.
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.
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 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:
11. Monitoring and Enforcement
We have the right to:
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 email@example.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
17. Other Terms and Conditions
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.
25. Governing Law and Jurisdiction
27. Limitation on Time to File Claims
28. Waiver and Severability
29. Entire Agreement
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 firstname.lastname@example.org.