User AgreementRevised January 4, 2010
Welcome to SmileMarketing.com. SmileMarketing.com provides our services to you subject to the following conditions. By visiting SmileMarketing.com, you accept these conditions. Please read them carefully. In addition, if you visit or purchase from any business affiliated with SmileMarketing.com, whether or not included in the SmileMarketing.com web site, you also will be subject to the guidelines and conditions applicable to that individual service or business.
Our best efforts are made to maintain accurate information on this site, however all information is presented without warranty. By use of this site, user agrees to hold SmileMarketing.com and its agents harmless in the case of incorrect, out of date, or incomplete information regarding any and all information presented on this website.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SmileMarketing.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of SmileMarketing.com and protected by U.S. and international copyright laws.
SmileMarketing.com's trademarks may not be used in connection with any product or service that is not SmileMarketing.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SmileMarketing.com. All other trademarks not owned by SmileMarketing.com 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 SmileMarketing.com.
LICENSE AND SITE ACCESS
SmileMarketing.com 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 SmileMarketing.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any class or class provider 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 SmileMarketing.com. 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 SmileMarketing.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing SmileMarketing.com's name or trademarks without the express written consent of SmileMarketing.com. Any unauthorized use terminates the permission or license granted by SmileMarketing.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SmileMarketing.com so long as the link does not portray SmileMarketing.com products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SmileMarketing.com logo or other proprietary graphic or trademark as part of the link without express written permission.
SmileMarketing.com attempts to be as accurate as possible. However, SmileMarketing.com does not warrant that class and Class Provider descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a class offered by SmileMarketing.com itself is not as described, your sole remedy is to seek a refund.
Parties other than SmileMarketing.com and its subsidiaries operate schools, stores, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. SmileMarketing.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY SmileMarketing.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. SmileMarketing.com 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, SmileMarketing.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SmileMarketing.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SmileMarketing.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SmileMarketing.com 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. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting SmileMarketing.com, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and SmileMarketing.com.
Any dispute relating in any way to your visit to SmileMarketing.com or to classes you purchase through SmileMarketing.com shall be submitted to confidential arbitration in Colorado, except that, to the extent you have in any manner violated or threatened to violate SmileMarketing.com's intellectual property rights, SmileMarketing.com may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado, 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.