Terms of Service
Effective June 8, 2020
General
This Service is owned and operated by either Bid Doc Inc. d/b/a SmileSnap (collectively, “SmileSnap,” “us,” “our,” or “we”). These Terms of Service ("Terms") set forth the terms and conditions under which you are authorized to use our website at SmileSnap.com (the “Site”) and the SmileSnap Starter and Pro Applications (“Applications”). The Site and SmileSnap will be collectively referred to as the “Service”.
ARBITRATION NOTICE: These Terms require you to arbitrate disputes. This means that any dispute arising under these Terms or with respect to our Service will be resolved by binding arbitration, not in court. See below for more information.
Description of Service
The SmileSnap Service allows consumers (“Users”) to provide images and information about oral care for dental and oral care services they are interested in and receive quotes for those services. When we provide our Service, we work on behalf of dentists, orthodontists, or other providers with whom we have a Client relationship (“Clients”) and their users (“Client Users”) to create User profiles, and exchange information (including User Content) with Clients and other customers of SmileSnap regarding Users’ treatment interests and Clients’ treatment options, as well as quotes for Clients’ proposed treatment plans.
Other Agreements
By using our Service, you acknowledge and agree to the privacy practices described in our Privacy Policy at https://www.smilesnap.com/privacy. Additional SmileSnap rules or guidelines (such as our agreements with individual Clients or other customers of Smile Snap (“Client Agreements”)) may apply to your specific use of our Service, and those rules and guidelines are hereby incorporated by reference into these Terms. A copy of any Terms contained within the Client specific Agreements that impact your use may be provided upon written request, if any such specific use Terms apply.
Further, third party terms and conditions (e.g. those on a Clients’ websites or services) may also apply to you, but are not incorporated into these Terms, and may include terms additional to or different from these Terms. We will not be liable to you for liabilities arising under any agreements between you and a Client or other third parties or arising from the acts or omissions of Clients and other third parties.
Through your use of our Service, you agree to these Terms. If you do not agree to these Terms, do not use our Service.
Emergency Services
If you are having a medical emergency, please dial 911 or your local emergency services number. Do not contact us through our Service if you are experiencing a medical emergency.
Your Access to the Service
Subject to your compliance with these Terms, SmileSnap grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license:: (i) if you are a User, to access and use the Service for their personal use; (ii) if you are a Client User, to access and use the Service in accordance with the Client Agreement. Any rights not expressly granted herein are reserved by SmileSnap and SmileSnap's licensors.
In order to use most aspects of the Service, you must register for and maintain an active personal user Service account ("Account"). Account registration requires you to submit to SmileSnap certain personal information as described further in our Privacy Policy. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Service.
You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You must immediately notify SmileSnap of any actual or suspected unauthorized use of your SmileSnap Account.
As a condition of your right to access and use our Service, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Service under the laws of the United States or any other country. SmileSnap reserves the right to terminate your access with or without reason at any time. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED UNDER YOUR ACCOUNT.
Terms Specific for Users
When you submit User Content (as defined below) through our Service in order to obtain bids, quotes or information from Clients, you acknowledge and agree that SmileSnap may provide that User Content to prospective Clients to obtain the information or offers you request, and for the other purposes described further in the Privacy Policy. SmileSnap does not guarantee that your request for a quote will result in a quote from any Client, a particular Client, or that the quotes will be acceptable to you. SmileSnap is not responsible for and will not be liable for the content or appropriateness of the quotes, or in connection with Clients’ processing or security of your Personal Data. SmileSnap may operate on behalf of Clients subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and in such cases, SmileSnap may act as a “Business Associate" (as defined in HIPAA), should such agreement be in place with a Client. Except to the extent acting as a Business Associate under the certain Business Associate Agreement between SmileSnap and the Client, should such agreement be in place with Client and subject to those specific terms, SmileSnap is not responsible for compliance with HIPAA, and will not be responsible for any actual or alleged non-compliance with HIPAA.
Terms Specific for Client Users
Your use of the Service is subject to the terms and conditions between SmileSnap and the Client on whose behalf you are authorized to access the Service. Your use of any Personal Data available through the Service must comply with our Privacy Policy, applicable Client policies and procedures, and HIPAA (if applicable). Notwithstanding any Client Agreement, SmileSnap reserves the right to disable your access to the Service at any time in the event you do not comply with these Terms.
Modifications and Interruption to the Service
We reserve the right to modify or discontinue all or any portion of our Service with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that, while we strive to keep our Service secure and available, we do not guarantee continuous, uninterrupted or secure access to our Service, or that our Service will be error free. You understand that usage of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control. You are solely responsible for ensuring that you have the necessary means to access our Service, including but not limited to software, devices, or internet connections which may be required.
Restricted Activities
You may not engage in any of the following with regard to the Service (including without limitation posting or transmitting content through the Service):
Further, without our written consent, you may not (to the maximum extent allowed by law):
Intellectual Property
All content, copyrights, and other intellectual property rights in the content available on our Service, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively “Content”) are owned by SmileSnap, Clients, or Users, with all rights reserved, and in some cases may be licensed to SmileSnap or its Clients by third parties.
This Content is protected by the intellectual property rights of SmileSnap or those owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the U.S. Federal Court System, whether registered or unregistered. All trademarks displayed on our Service are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with SmileSnap.
User Content
Any content uploaded, posted, submitted, or otherwise made available by individual Users, including without limitation all photos, documents, messages, etc. which does not originate with SmileSnap ("User Content"), is the sole responsibility of the person who made such User Content available on the Service. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by SmileSnap in its sole discretion, whether or not such material may be protected by law. Under no circumstances will SmileSnap be liable in any way for any User Content made available through the Service by you or any third party.
By providing User Content to SmileSnap, you grant SmileSnap a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, share with Users and Clients (as appropriate), and otherwise use such User Content as appropriate in connection with provision and improvement of our Service, and process that User Content as set forth in our Privacy Policy and as otherwise as appropriate in accordance with your requests, without further notice to or consent from you, without attribution to you, and without the requirement of payment to you or any other person or entity.
Since SmileSnap does not control the User Content posted on the Service, it does not guarantee the truthfulness, integrity, accuracy, suitability, or quality of that User Content, and it does not endorse or verify such User Content. You also agree and understand that by accessing the Service, you may encounter Content that you may consider to be objectionable. User Content is owned by the author thereof, and SmileSnap does not claim ownership of original works created and posted by individual visitors to the Service. SmileSnap reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is made available through the Service. You agree that the exercise by SmileSnap of such discretion shall not convert or transform User Content to content owned or provided by SmileSnap, and the user who made such User Content available on the Service will retain ownership thereof.
Permitted Use of the Content
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content or User Content available or through our Service, except as reasonably necessary for you to access and view those materials in accordance with these Terms and any Client Agreement, or for your own personal, non-commercial use without further reproduction, publication, or distribution.
Any use of Content on the Service, including without limitation use or reproduction for purposes not authorized herein, or any modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of SmileSnap or as part of a Client Agreement with SmileSnap, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of SmileSnap. You may not make any use of Content owned by any third parties which is available on the Service, without the express consent of those third parties.
Content Complaints
If you believe that any Content on our Service violates these Terms or is otherwise inappropriate, please report the content by contacting us using the information below.
Notification of Claimed Copyright Infringement
In the event that you find content posted on our Service which you believe to be an infringement of the copyright of any third party, please immediately contact SmileSnap’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act ("DMCA"):
Please send your notice of alleged infringement to us:
SmileSnap
Attn: Legal DMCA
7135 E Camelback Rd STE 230
E-mail: [email protected], subject line “Legal - DMCA Notice”
In accordance with the DMCA, it is the policy of SmileSnap to terminate use of our Service by repeat infringers in appropriate circumstances.
Providing Feedback to SmileSnap
We welcome your comments and feedback about our Service. All information and materials submitted to SmileSnap through the Service or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Service or the business of SmileSnap (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but SmileSnap reserves the right to treat any such Feedback as the confidential information of SmileSnap.
By submitting Feedback to SmileSnap, you assign to the SmileSnap Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The SmileSnap Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY PROVIDED IN ANY OTHER AGREEMENT BETWEEN YOU AND SMILESNAP, SMILESNAP, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SITES.
UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED $100.00. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Indemnification
You agree to indemnify and hold the SmileSnap Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of the Service in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you or another user of our Service using your computer, mobile device or account.
Consent to Electronic Communications
By using the Service, you agree that SmileSnap may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that SmileSnap sends to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify SmileSnap at [email protected].
GOVERNING LAW; ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH SMILESNAP AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SMILESNAP.
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado and the United States of America, without resort to any conflict of law provisions. In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and SmileSnap agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of 60 days, then either of the parties may, by notice to the other demand mediation under the mediation rules of the JAMS/Endispute (“JAMS”) in Denver, Colorado. Both you and SmileSnap both give up the right to litigate disputes and may not proceed to arbitration without first trying meditation, but you and SmileSnap are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and SmileSnap will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of JAMS before a single arbitrator in Denver, Colorado. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Denver, Colorado and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use of the Service.
This GOVERNING LAW; ARBITRATION section shall not apply to the extent in conflict with any Client Agreement.
Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Service in any way that violates applicable state, federal, or international laws, regulations, relevant guidance, or other government requirements.
Notice for California Users
Under California Civil Code Section 1789.3, California users of our Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Other Terms
Assignment - These Terms of Use will be binding upon each party hereto and its successors and permitted assigns. These Terms of Use are not assignable or transferable by you without the prior written consent of SmileSnap. You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition, or otherwise.
Integration - These Terms of Use (including all of the policies described in these Terms of Use, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
Waiver - No failure or delay by a party in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
Severability - If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of SmileSnap.
Limitation - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Service or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No Relationship - No agency, partnership, joint venture, doctor-patient (or any other analogous relationship), or employee-employer relationship is intended or created by these Terms of Use.
Force Majeure - SmileSnap will not be liable for any failure or deficiency in the performance or availability of the Service by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to SmileSnap, fire, terrorism, pandemic or widespread illness, natural disaster, or war.
Modification of Terms - We reserve the right, at any time, to modify, alter, or update these Terms without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Service, without further notice to you. Your continued use of any of our Service after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms.
Contact Us
If you have any questions about these Terms, please feel free to please contact us at:
SmileSnap
7135 E Camelback Rd STE 230
Scottsdale, AZ 85251
SmileSnap is the leading Smile Assessment and Virtual Consultation tool for the dental industry. We serve many top orthodontists, periodontists, general practitioners, and many more.
7900 E. Union Avenue, Suite 1100, Denver, CO 80237
SmileSnap is the leading Smile Assessment and Virtual Consultation tool for the dental industry. We serve many top orthodontists, periodontists, general practitioners, and many more.
7135 East Camelback Rd. STE 230
Scottsdale, AZ 85251