USATerms & conditions
FOR SUPPLY OF GOODS
1. Definitions
In these terms, the following definitions apply:
“Business Day” is a day (excluding Saturday, Sunday or public holiday) on which the banks in the Republic of Ireland are open for business.
“Conditions” means the conditions listed in this document.
“Contract” means the contract between the supplier and the customer for the purchase and sale of the goods in accordance with these conditions.
“Customer” means the person or company who buys the goo1ds from the supplier.
“Force Majeure Event” means any event that is beyond the control of a party and which, by its nature, could not have been or could have been inevitable;
“Goods” means the goods (or parts thereof) that are listed in the order;
“Order” means the customer’s order for the goods in accordance with the customer’s written acceptance of the supplier’s offer. and
“Supplier” is Smileie, a private company.
2. Agreement
2.1 These terms apply to the contract to the exclusion of other terms that the customer wishes to impose or include, or that are implied by trade, custom, practice, or trade flow.
2.2 The order represents an offer by the customer to purchase the goods in accordance with these conditions. The customer is responsible for ensuring that the order conditions are complete and correct.
2.3 The order is only considered accepted if the supplier confirms the acceptance of the order orally or in writing and the contract is concluded at this time.
2.4 The customer acknowledges that he did not rely on statements, promises, assurances, representations or warranties of the supplier or on his behalf that were not specified in the contract.
3. Were
3.1 The goods are described on the supplier’s website, in catalogs or brochures.
3.2 The supplier reserves the right to change the specification of the goods if this is necessary due to applicable legal or official requirements or in accordance with changes by the manufacturer.
3.3 At the request of the customer, the supplier can provide the customer with technical advice regarding the use of the goods, provided that this advice is only made available to the customer and Supplier is not liable for losses, damage or claims resulting from this.
4. delivery & Transport
4.1 The supplier delivers the goods at any time to the location specified in the order or to another location agreed by the parties (the “delivery location”) after the supplier has given the customer notified you that the goods are ready.
4.2 The goods are delivered when the goods arrive at the place of delivery. All delivery dates are approximate and the time of delivery is not critical.
4.3 The supplier is not liable for delays in the delivery of the goods caused by a force majeure event or the customer’s failure to deliver the supplier an appropriate delivery instructions or other instructions relevant to the delivery of the goods. If the supplier delivers less of the goods than was ordered by the customer or if the goods were damaged before they arrived at the delivery location, the customer must inform the supplier in writing within three business days of delivery.
5. Cancellation
5.1 The customer can return goods delivered to the customer by written notification to the customer, provided that these goods (in the supplier’s opinion) are new and remain the same as those of the Manufacturer specified warranty period covered. A return fee of 20% of the price paid by the customer is charged for the return of goods.
5.2 Goods manufactured according to customer specifications cannot be returned and must be paid in full.
6. Warranty & claims
6.1 No guarantee is given for goods that do not originate from the manufacturer of the goods. The guarantee is limited to the repair or replacement of the goods according to the manufacturer’s instructions.
6.2 All goods which are assumed to be defective and are covered by a manufacturer’s guarantee must be returned for inspection by the supplier. The supplier will use its best endeavors to provide the contact details of all manufacturers or British importers of goods.
6.3 Before returning the goods, the customer must receive a return form and an authorization number from the supplier.
6.4 Claims for damages resulting from the presumed defect of a product will only be processed by the manufacturer of this product. The supplier will not recognize, process, transfer or track claims made against a manufacturer other than himself.
6.5 In relation to goods the manufacturer of which is the supplier (the “Smileie”), the supplier guarantees that upon delivery and for a period (the “ Guarantee period ”) the goods must:
(a) correspond to their description in all essential points;
(b) be free from material defects in design, material and workmanship; and
(c) of satisfactory quality (as defined by the Sale of Goods Act 1979).
6.6 Subject to Section 6.7 if:
(a) During the warranty period, the customer will notify the supplier in writing within a reasonable period of time that some or all of the Smileie products listed in section are not available 6.5 comply with the stated guarantee;
(b) the supplier is given a reasonable opportunity to examine such Smileie goods; and
(c) the customer (at the request of the supplier) sends these Smileie goods back to the supplier’s place of business at the customer’s expense,
The supplier repairs or replaces the defective Smileie goods. The supplier will deal with a message from the customer within a reasonable period of time, but accepts that the involvement of the supplier’s insurers can delay the clarification of his claim.
6.7 The supplier is not liable for failure to comply with the guarantee given in Section 6.5 by Smileie Goods in one of the following cases:
(a) The customer continues to use these Smileie goods after notification in accordance with section 6.6.
(b) The defect arises because the customer has not followed the oral or written instructions of the supplier regarding storage, commissioning, installation, use and maintenance of the Smileie Goods or (if there are none) good trading practices related to the same;
(c) The defect is caused by the supplier based on a drawing, a draft or a specification supplied by the customer.
(d) the customer changes or repairs such Smileie goods without the written consent of the supplier;
(e) the defect arises due to normal wear and tear, intentional damage, negligence or abnormal storage or working conditions; or
(f) The goods differ from their description because changes have been made to ensure that they comply with the applicable legal or official requirements.
6.8 Unless otherwise specified in this clause 6, the supplier is not liable to the customer for non-compliance with the guarantee rate by the Smileie Goods see section 6.5.
6.9 The provisions in sections 13 to 15 of the 1979 Sales Law are excluded from the contract to the extent permitted by law.
7. Title & Risk
7.1 The risk of the goods passes to the customer upon completion of the delivery. to the customer at the point where the carrier takes possession of the goods
7.2 Ownership of the goods only passes to the customer when the supplier has made full payment (in cash or with freely available money) for the goods and all others from which the supplier delivered to the customer, in which case the payment became due. In this case, ownership of the goods passes at the time of payment of all these amounts ..
7.3 Until ownership of the goods has passed to the customer, the customer has:
(a) Store the goods separately from all other goods in the possession of the customer so that they can still be identified as the property of the supplier.
(b) do not remove, deface or obscure identifying marks or packaging on or in relation to the goods;
(c) keep the goods in satisfactory condition and insure them against all risks for the full price from the date of delivery;
(d) notify the supplier immediately if any of the events listed in Section 9.2 occur; and; and
(e) give the supplier information about the goods that the supplier needs from time to time.
7.4 Subject to clause 7.5, the customer can resell or use the goods in the normal course of business (but not otherwise) before the supplier receives payment for the goods. However, if the customer resells the goods before this time, the following applies:
(a) this is done as the client and not as the representative of the supplier; and
(b) The ownership of the goods passes from the supplier to the customer immediately before the time of resale by the customer.
7.5 If the customer, before ownership of the goods has passed to him, is subject to one of the events mentioned in section 9.2 without restricting another right or another The supplier can help:
(a) the customer’s right to resell the goods or use them in the normal course of business expires immediately; and
(b) The supplier can at any time:
(i) request the customer to deliver all goods in his possession that have not been resold or irrevocably incorporated into another product; and
(ii) If the customer does not do this immediately, enter the premises of the customer or a third party where the goods are stored in order to recover them.
8. Price & Payment
8.1 The price of the goods is the price specified in the order or, if no price is specified, the price specified in the published price list of the supplier. Valid at the time of delivery ..
8.2 The supplier can increase the price of the goods at any time before delivery in order to take into account any increases in the costs of the goods that are attributable to the following:
(a) Factors outside the supplier’s sphere of influence (including exchange rate fluctuations, increases in taxes and duties, and increases in labor, material and other manufacturing costs)
(b) any request by the customer to change the delivery date, the quantity or type of the goods ordered or their specification; or
(c) any delay caused by the customer’s instructions or by the customer’s failure to provide the supplier with appropriate or accurate information or instructions
8.3 The price of the goods includes the costs and fees for packaging, insurance and transport of the goods, which will be charged to the customer.
8.4 The price of the goods is not subject to VAT. After receiving a valid invoice from the supplier, the customer must pay the supplier these amounts for the delivery of the goods.
8.5 The supplier can invoice the customer for the goods on or at any time after completion of the delivery.
8.6 The customer must pay the invoice in full and in freely available funds before delivery or to a customer with a credit account within 30 calendar days from the invoice date at the end of the invoice month. Payment must be made to the bank account specified in writing by the supplier. The timing of the payment is critical.
8.7 We reserve the right to claim interest, damages and reasonable expenses under the 1998 Act on Late Payment of Commercial Debt (Interest) This Act applies both after and after each judgment. A reference to the 1998 Late Payment of Trade Debt (Interest) Act is also a reference to a change, modification or after-effect thereof. If for any reason the 1998 Late Payment of Trade Debt (Interest) Act does not apply, overdue amounts will from time to time pay interest at 8% above the base rate of the Bank of the Republic of Ireland.
8.8 The customer pays all amounts from the contract without offsetting, counterclaim, deduction or retention (with the exception of a statutory deduction or retention). The supplier can at any time, without limitation of other rights or remedies, offset an amount owed by the customer with an amount to be paid by the supplier to the customer.
9. Termination & suspension
9.1 If the customer is suspended from one of the events mentioned in section 9.2, the supplier can terminate the contract with immediate effect by giving written notice to the customer.
9.2 For the purposes of section 9.1, the relevant events are:
(a) The customer suspends or threatens to suspend payment or admits that he is unable to pay his debts , or is a company or limited partnership) is considered unable to pay its debts within the meaning of section 123 of the 1986 Bankruptcy Act, or (as a natural person) unable to pay its debts, or not in the Able to do so in any case under the Insolvency Act within the meaning of Section 268 of the 1986 Insolvency Act or (as a partnership) with any partner to whom any of the above conditions apply
(b) the customer’s financial situation deteriorates to an extent that, in the supplier’s opinion, jeopardizes the customer’s ability to adequately fulfill its obligations under the contract is; and
(c) (as an individual) the customer dies or is unable to manage his own due to illness or disability (whether mental or physical) Matters or becomes a patient under mental health legislation.
9.3 If the customer is subject to one of the events listed in Section 9.2 (a) to Section 9.2 (c) or if the supplier reasonably believes this. The supplier can, without his other Restrict rights or remedies, if the customer does not pay an amount due under this contract on the due date
(a) The supplier may suspend the provision of the goods in accordance with the contract or another contract between the customer and the supplier.
(b) terminate the contract or another contract between the customer and the supplier; or
(c) For goods that have not been delivered, payment is required at or in advance.
The customer releases the supplier from all costs and expenses (including but not limited to legal costs or expenses) that are incurred for or on behalf of the supplier during the enforcement his rights under clause 8 and this clause.
9.4 Upon termination of the contract for any reason, the customer must immediately pay all outstanding unpaid bills and interest to the supplier.
9.5 However, the termination of the contract does not affect the rights, remedies, duties and liabilities of the parties that arose at the time of the termination.
9.6 Clauses that expressly or tacitly survive the termination of the contract remain in full force.
10. Limitation of Liability
10.1 Nothing in these conditions limits or excludes the liability of the supplier for the following:
(a) death or personal injury due to negligence or negligence on the part of employees, representatives or subcontractors (if applicable)
(b) fraud or fraudulent misrepresentation;
(c) violation of the provisions of Section 12 of the 1979 Sales Law;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter for which it would be illegal for the supplier to exclude or limit liability.
10.2 Subject to clause 10.1:
(a) The supplier is in no case liable to the customer, be it for contractual reasons, for tort (including negligence), for violation of legal obligations or for others Wise. for lost profit or for indirect loss or consequential damage resulting from or in connection with the contract; and
(b) the entire liability of the supplier towards the customer in relation to all other damages that arise from or in connection with the contract, be it contract or tort (including negligence) a violation of the legal obligation or in any other way may under no circumstances exceed the price of the goods.
(c) The supplier is in no case liable to the customer or in any other way for losses or indirect losses or consequential damage caused by the customer’s failure good oral health before buying goods.
11. Allocation
(a) The supplier may at any time assign, transfer, pledge, encumber, encumber, subcontract or otherwise deal with the contract
(b) The customer may not assign, transfer, pledge, encumber, encumber, subcontract, declare trust or otherwise deal with them or commitments from the contract without the prior written consent of the supplier.
12. Severance
Should a provision or partial provision of the contract be or become invalid, unlawful or unenforceable, this is considered to have been changed to a minimum to ensure its validity. legal and enforceable. If such a change is not possible, the relevant provision or partial provision is deleted. Any change or deletion of a provision or partial provision according to this clause has no effect on the validity and enforceability of the rest of the contract.
13. Applicable law
The contract and all disputes or claims arising from or in connection with it or its object or its origin (including non-contractual disputes or claims) are subject to this Law of the Republic of Ireland and is to be interpreted in accordance with this.
14. Jurisdiction
Each party irrevocably agrees that the courts of the Republic of Ireland have exclusive jurisdiction to resolve disputes or claims arising out of or in connection with this contract or its subject matter have or education (including non-contractual disputes or claims)
OVERVIEW
This website is operated by Smileie - Straighten your teeth at Home. Throughout the site, the terms “we”, “us” and “our” refer to Smileie - Straighten your teeth at Home. Smileie - Straighten your teeth at Home offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
Text Messaging Program
When you agree to participate in Smileie text messaging programs, you typically agree to receive recurring messages
with information, alerts, and special offers from Smileie. However, there may be programs where Smileie specifies that
it will send a certain number or up to a certain number of text messages (for example, if you participate in a
promotion or request a coupon code, you may receive a certain number of text messages only related to that promotion
or you may only receive one text with the coupon
code).
Messages may be in SMS or MMS format and may contain marketing content. Text messages may be sent using an automatic telephone dialing system. Consent to receive such messages is not required as a condition to purchase any goods or services from Smileie. Message and data rates may apply.
You may stop receiving text messages from us at any time by replying STOP. You will receive one final text message confirming that you have opted out. For additional help, email hello@smileie.com.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Smileie - Straighten your teeth at Home, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Smileie - Straighten your teeth at Home and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@smileie.com.
