Website Terms and Conditions of Use

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

 

By using this website, you signify your assent to these Terms and Conditions.  If you do not agree to all of these Terms and Conditions of use, do not use this website.  By accessing, using or subscribing to this website, you are entering into a legally binding agreement with Smile Metrics LLC based on these Terms and Conditions.

 

Introduction

This website and all services, content, products, information and any mobile or computer applications provided through this website (collectively referred to in these Terms and Conditions as the “Site”), are made available to you by Smile Metrics LLC, a Minnesota limited liability company with its principal offices located in Maple Grove, Minnesota, directly or through third-party licensors (“SMILE METRICS™”).  These Terms and Conditions constitute the agreement between you and SMILE METRICS™, govern your use of the Site, and are sometimes referred to here as the “Agreement.”

 

Medical Advice is Not Provided on this Site

Information, content, text, data, images and graphics on the Site, including behavioral recommendations, are for informational purposes only and are not intended as a substitute for professional medical advice, diagnosis, or treatment.  SMILE METRICS™ recommends that you always seek the advice of your physician or other qualified health care provider with respect to any questions you may have regarding a medical condition or other health-related issue.  Never disregard professional medical advice or delay in seeking advice or treatment because of any information or recommendations on the Site.  Content available on or through the Site is not intended as a comprehensive answer or recommendation for any condition or issue.  You should seek appropriate, qualified professional or expert advice and recommendations before acting or refraining from acting based on information provided on or through the Site.

 

The behavioral recommendations and other health information provided on the Site by SMILE METRICS™ are not designed to respond to medical emergencies or other immediate critical situations.  If you think you may have a medical emergency, have thoughts of suicide or think you may try to harm yourself or others, call 911 or go immediately to the nearest hospital emergency room.  If you are currently under the care of a physician or therapist, follow the emergency procedures provided by your doctor or other health care professional.

 

SMILE METRICS™ AND ITS LICENSORS WILL NOT BE LIABLE FOR, AND YOU HEREBY WAIVE ANY CLAIM FOR, ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE LIABILITY ARISING OUT OF YOUR USE OF OR YOUR RELIANCE ON THE BEHAVIORAL RECOMMENDATIONS AND OTHER INFORMATION MADE AVAILABLE TO YOU ON THE SITE BY SMILE METRICS™.

 

Site Not Intended for Use by Children

Information and other services on the Site are not intended by SMILE METRICS™ for use by children under the age of eighteen (18).  SMILE METRICS™ is committed to protecting the privacy of children and will not collect personal information from any person that the Site recognizes to be under age 18.

 

Use of Content

SMILE METRICS™ authorizes you to access, view, download, copy and print material on the Site solely for your own personal and noncommercial use and conditioned upon your agreement not to remove or obscure any copyright notice, trademark notice, or other notice of proprietary rights or interests displayed on or in conjunction with such material.  SMILE METRICS™ grants you a nontransferable, revocable and limited license for such purposes.  You may not use any content available on the Site in any other manner or for any other purpose without the prior written permission of SMILE METRICS™.  Content on the Site is protected by copyright under both United States and foreign laws and title remains with SMILE METRICS™ or its licensors.  Any use of such content not expressly permitted by this Agreement is a breach of these Terms and Conditions and may violate copyright, trademark and other laws. Content and features on the Site are subject to change or termination by SMILE METRICS™ at any time, without notice, in the editorial discretion of SMILE METRICS™.  All rights not expressly granted to you in this Agreement are expressly reserved to SMILE METRICS™.  SMILE METRICS™ will use reasonable efforts to include current and accurate information on the Site, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided.

 

Other Websites

The Site may provide references, advertisements and links to other Internet websites.  Other websites are independent from SMILE METRICS™ and SMILE METRICS™ is not responsible for examining or evaluating such other websites, assumes no responsibility for the content or offerings of such other websites, and shall not be liable to you or any other person for any injury or damages arising from use of that content.  Any links to other websites are provided by SMILE METRICS™ strictly as a convenience to users of the Site.  SMILE METRICS™ does not sponsor or endorse any product, service or content available at or through any linked website.  You should carefully review the privacy statements and other terms and conditions of use of any other website.

 

Communications

When you visit the Site or send emails to SMILE METRICS™, you are communicating electronically.  Communications sent to SMILE METRICS™ by means of the Site or e-mail are not considered delivered or effective unless and until they are actually received and processed by an authorized representative of SMILE METRICS™.  You consent to receive communications from SMILE METRICS™ electronically.  Communications to you from SMILE METRICS™ will be sent by e-mail or by posting notices on the Site.  You agree that all agreements, notices, disclosures and other communications that SMILE METRICS™ provides to you electronically satisfy any legal requirement that such communications be in writing.  Information you submit to the Site is governed by the SMILE METRICS™ Privacy Policy.  If there is any inconsistency between this Agreement and the provisions of the Privacy Policy, however, this Agreement shall govern.

 

You agree that you will not transmit or upload any communications or content of any kind to the Site that infringes or violates any rights of third parties.  Senders of any communications to the Site or otherwise to SMILE METRICS™ shall be responsible for the content and information contained in such communications, including truthfulness and accuracy.

 

SMILE METRICS™ shall be free to use or copy information in any such communications from you, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes.  Such purposes may include disclosure to third parties and the development of products, services or marketing methods.  If you intend to keep any business ideas, information, concepts or inventions private or proprietary, do not submit them to the Site or to SMILE METRICS™ by email.

 

You agree not to post or upload any image, video or audio file, or other media to the Site that violates any trademark, copyright, privacy or other rights of any other person.  Photos or videos of celebrities are usually copyrighted by the owner.  You warrant that you have permission from all persons appearing in any media that you post or upload to the Site.  Never post a photo or video which depicts someone else unless you have their explicit permission.  To protect your privacy, do not submit any media that contains personally identifiable information of you or anyone else (such as name, phone number, or email address). SMILE METRICS™ strictly prohibits the posting or uploading of any communication or media that contains expressions of hate, threats, abuse, harassment, offensive images or defamatory statements, or contains obscenity, pornography or sexually explicit material, advertisements or solicitations of business, chain letters or pyramid schemes, and the impersonation of another person.

 

You agree that you will not upload any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of the Site or any computer software.

 

SMILE METRICS™ reserves the right to preview all media prior to submission to the Site and to remove any media for any reason, at any time, without prior notice to you, at the sole discretion of SMILE METRICS™.

 

You agree to indemnify and hold SMILE METRICS™ harmless from and against any claims and expenses, including attorneys’ fees, arising from the posting or uploading of communications, content or media on the Site in violation of this Agreement, or arising from any other breach by you of these Terms and Conditions.

 

Passwords

The Site provides tools for recording and storing your information, including a system of password protection.  You are responsible for maintaining the confidentiality of your passwords and taking all reasonable steps to assure that no unauthorized person has access to your Site passwords or accounts.  You agree not to use the password of another user of the Site at any time and not to disclose your passwords to any other person.  You agree to promptly notify SMILE METRICS™ if you suspect any unauthorized use of or access to your password or if it otherwise becomes necessary to deactivate any password.  You grant SMILE METRICS™ the right to transmit, monitor, retrieve, store, and use your password-protected information in connection with operation of the Site.  SMILE METRICS™ does not, however, assume responsibility for and shall not be liable in connection with any use or misuse of information transmitted or received by you using the recording and storing tools provided by the Site.

 

Ownership and Intellectual Property Rights

The Site, all content on the Site (including all text, graphics, logos, videos, audio clips, digital downloads, data compilations, forms, images, icons, software, designs, applications and other elements available on or through the Site), and all third-party licenses in connection with the Site are owned by SMILE METRICS™.  All right, title, and interest to and in the content available on the Site, the look and feel of the Site, the trademarks, trade names, trade dress, service marks, designs and logos displayed on the Site, and the Site URLs, are the sole and exclusive property of SMILE METRICS™ or its licensors, and are protected by American and international copyrights, trademarks, patents, applications, or other proprietary rights and laws.

 

All trademarks, service marks, logos and designs used or displayed on the Site, whether registered or unregistered, are owned by SMILE METRICS™ or by licensors of SMILE METRICS.   You may not use or display any trademarks, service marks, logos or designs of SMILE METRICS™ or its licensors without the prior written consent of SMILE METRICS™.  Your use of the Site does not transfer to you any ownership or other rights in the Site or its content.  All software used in connection with the Site is the property of SMILE METRICS™ or its software suppliers and is protected by American and international copyright laws.

 

Disclaimer of Warranties

Use of the Site and the content available on the Site is at your own risk.  SMILE METRICS™ assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you may take based on behavioral recommendations or other content on the Site.  You must evaluate and bear the risk associated with use of such content, including any reliance on accuracy or completeness or the specific application of recommendations to you as an individual user.  When using the Site, information will be transmitted over the Internet, a medium that may be beyond the control and jurisdiction of SMILE METRICS™ and its vendors.  Accordingly, SMILE METRICS™ assumes no liability for or relating to any loss, delay, interruption, failure or corruption of any data or other information transmitted in connection with use of the Site.  The Site and its content are provided on an “as is” and “as available” basis.  SMILE METRICS™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

 

Without limiting the foregoing, SMILE METRICS™ disclaims any warranties or representations about the operation of the Site or the accuracy, reliability, completeness, currency, or timeliness of any content, software, text, graphics, links or communications provided on or through the use of the Site.  You expressly agree that your use of the Site is at your sole risk.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SMILE METRICS™ EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; OR THE SITE, THE CONTENT ON THE SITE, OR EMAILS SENT FROM THE SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.  SMILE METRICS™ EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE.

 

Limitations of Liability

In no event shall SMILE METRICS™, its licensors, vendors, affiliates or any other third party identified on the Site be liable for any damages (including, without limitation, any special, indirect, incidental, consequential and punitive damages, personal injury or wrongful death, lost profits, or damages resulting from lost data or business interruption), whether any claim is based on warranty, contract, tort (including negligence and strict liability), violation of statute or other legal theory, resulting from the use of or inability to use the Site.  These limitations will apply whether or not SMILE METRICS™ is advised of the possibility of such damages and notwithstanding any failure of the essential purpose of any limited remedy.  In no event shall SMILE METRICS™, its licensors, vendors, affiliates or any other third party identified on the Site be liable for loss or damage occurring as a result of unauthorized access to or alteration of your transmissions or data (including, without limitation, theft, destruction or other third-party manipulation of your computer or other device), nor for loss or damage caused by the statements or conduct of any third party on or in connection with the Site.  Proceedings regarding any claim or dispute must be commenced against SMILE METRICS™ within six (6) months after the claim arose, after which time any and all proceedings regarding the claim or dispute are barred.

 

The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions.  Such limitations may apply to you.  If these laws apply to you, some or all of the above disclaimer exclusions or limitations may apply to you, and you may have additional rights.  The warranty disclaimers and liability exclusions and limitations clauses in these Terms and Conditions shall survive indefinitely after the termination of this Agreement.

 

Modification of Site Operation

SMILE METRICS™ may at any time modify, discontinue, or suspend its operation of the Site or any portion of the Site, temporarily or permanently, without notice to you.

 

Modifications to this Agreement

SMILE METRICS™ may make changes to this Agreement from time to time in its sole discretion, by updating these Terms and Conditions of Use posting on the Site and specifying the effective date of the modifications or any new version of the Agreement.  Your continued use of the Site following the posting of modifications or a new version of the Agreement constitutes your acceptance of any such changes.  For this reason, whenever you visit the Site you should check to see if modifications have been posted to these Terms and Conditions of Use or if a new version of the Agreement has been posted.

 

Waiver

No waiver of any of these Terms and Conditions by SMILE METRICS™ shall be deemed a further or continuing waiver of such provision or provisions nor a waiver of any other provision of these Terms and Conditions.

 

Jurisdiction of Disputes

This Agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law principles thereof.  The courts of the State of Minnesota shall have exclusive jurisdiction over any disputes related to this Agreement or the Site and venue for any proceedings shall be in Hennepin County, Minnesota.  You irrevocably agree to submit to the personal and exclusive jurisdiction of such courts.

 

Severability

If any provision of the Agreement is found by a court to be invalid, you agree that every attempt shall be made to give effect to the party’s intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

 

Termination of Agreement

Either SMILE METRICS™ or you may terminate the Agreement at any time, with or without cause, by giving prior notice to the other party.  Notice by you of termination of the Agreement must be given to SMILE METRICS™ in writing to the address of Smile Metrics™ stated below or by electronic mail to SMILE METRICS™ on the “Contact Us” form on the Site.  Notice by SMILE METRICS™ of termination of the Agreement will be given to you by posting on the Site or by written or electronic mail to you at the address registered on the Site.  Termination shall be effective immediately or as otherwise specified in the notice.  After termination, you may no longer access the Site.  Those Terms and Conditions which, by their intent or meaning, survive the termination of the Agreement, shall continue to apply indefinitely following termination of the Agreement for any reason.

 

Integration

Except as may be provided in any particular legal notice posted by SMILE METRICS™ on the site from time to time, these Terms and Conditions and the separate SMILE METRICS™ Privacy Policy constitute the entire and integrated agreement between you and SMILE METRICS™ as a user of the Site and the content available on and through the Site and supersedes any prior understanding or agreement, written or oral, between you and SMILE METRICS™.

 

Contact Information

Thank you for reading these Terms and Conditions of Use and for your cooperation in use of the Site.  Questions or comments regarding the Site, including any reports of non-functioning links, should be submitted to SMILE METRICS™ by using the “Contact Us” form on the website.

 

These Terms and Conditions of Use were last updated on February 28, 2023.

 

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