Our Terms of Use

Last updated December 1, 2021

TERMS OF USE. Please review this Terms of Use which constitutes a legally binding contract between you (the “User”) and Straight Teeth Solutions, Inc. D/B/A Smile Simple (“STS”) regarding your use of our website www.smilesimple.com, and any other websites, apps, services or products we offer (“Services”). Your use of our websites, apps and services is also governed by our Privacy Policy which explains how we collect, use and store your personal information. You can review our Privacy Policy here. If you reside in California please also review our California Consumer Privacy Act Disclosure here. Each time you use this website or our Services, your use constitutes your acknowledgement that you have read and agree to be legally bound by these Terms of Use and Privacy Policy. If you do not agree with any of the provisions of our Terms of Use or Privacy Policy, you must immediately cease using this website and our Services. STS may update, amend or modify our Terms of Use and Privacy Policy at any time, for any reason, or may establish additional usage rules regarding our websites, apps and Services. The date above reflects the most recent version of the Terms of Use and Privacy Policy. You should check this page and our Privacy Policy page each time you access our websites, apps and Services, so you are aware of any changes. Your continued use of our websites, apps and Services constitutes your continued acknowledgement and agreement to the Terms of Use and Privacy Policy then in effect as of the date above.

Smile Simple’s Intellectual Property This website, and any information provided on it or through our Services is the intellectual property of Straight Teeth Solutions, Inc. D/B/A Smile Simple unless otherwise noted. Any content provided on this website and through our Services, including but not limited to all information, materials, illustrations, images, photographs, website layout, product layout and design, icons, navigational buttons, images, artwork, graphics, data, audio, software, Apps, etc., including its selection, arrangement, or assembly (“Intellectual Property”) is owned by Straight Teeth Solutions, Inc. D/B/A Smile Simple or its affiliates or are licensed from third party service providers as indicated. This website and any related websites and apps are protected by copyright, trademark, service mark, trade name, proprietary information and other intellectual property rights, and all applicable ownership rights are reserved. Your use of this website, apps or Services shall not constitute any license or transfer of any of STS’ rights.

Use of our websites, apps and Services You agree that you will use the information provided on our websites, apps or Services only for your personal information and for the intended purposes of determining your eligibility to use our Services, arrange appointments with STS Affiliate Dentists and Orthodontist, or to purchase any products. Except as expressly set forth in this Agreement, STS does NOT grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any information on our websites, apps or Services or any STS intellectual property. The right to use our websites, apps and Services is personal to you. Users may not authorize others to use our websites, apps or Services. You remain responsible for all use of our websites, apps and Services whether by you or by anyone you allow to use or access our websites, apps and Services. You agree that you will use our websites, apps and Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. STS’ websites are hosted in the United States and intended for users located in the United States. If you are a non-U.S. user, when you visit our website or use our apps or Services, you agree to comply with all applicable laws governing the websites, apps, online conduct and posting content. You additionally agree to comply with all applicable laws and regulations regarding the transmission of data exported from the United States or to your country of residence.

Non-Commercial Use Only Our websites, apps, and Services are intended for personal use only by individuals. Any use in connection with any commercial endeavor is strictly prohibited and constitutes a breach of this Agreement. Organizations, companies or businesses, including sole proprietors, may not use our websites, apps or Services for any commercial purpose without STS’s prior written consent. You agree that you will not use any information contained on our websites, apps or Services for any publication, transmission, distribution, performance, caching, or otherwise, unless permitted by law or prior written authorization from STS. Any illegal or unauthorized uses of STS’s websites, apps, and Services, including efforts to collect usernames, passwords, email addresses by any means for the purpose of sending unsolicited email, unauthorized framing, or linking to this website is strictly prohibited. STS will investigate, seek civil and injunctive relief and may refer any illegal actions to the appropriate authorities. Of course, such illegal activity is a breach of our Terms of Use and will result in termination of your ability to access our website, apps or Services.

Users must be 18 years of age Our websites, apps and Services are not intended for users under the age of 18. To use any services offered by STS through our websites, apps or Services you must be 18 years of age or older. If you are under 18 years of age you may only use this website in conjunction with your parent(s) or legal guardian(s). STS does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not use this website. If STS becomes aware that a child under 13 submits information through any part of our websites, apps or Services we will attempt to delete this information as soon as possible. If you as a parent or legal guardian believe your child under the age of 13 has submitted information through our websites, apps or Services you should contact us immediately at [email protected]. You should also review our Privacy Policy here, to see the steps we take to prevent such actions and how to remove any unauthorized submission of personal information by a child under 13.

Site Information All information provided on our websites, apps and Services is provided on an “as is” basis including any faults. Your use of the information on our websites, apps and Services is at your own risk. The information on our websites, apps and Services may contain errors, omissions, or may be out of date.

Termination of Use You acknowledge and agree that STS may at any time suspend or terminate your access to this or any of its websites, apps or Services if you violate this Agreement or for any other reason as determined in STS’s sole discretion. Termination of your access is in addition to and shall not preclude any other legal remedies available to STS.

DMCA Notice We respect intellectual property rights. For claims of copyright infringement, or if you believe your rights are otherwise infringed or violated by anything our website, please notify us by sending an email at the following address: [email protected] with “DCMA” in the subject line, or by mail or courier to us at Straight Teeth Solutions, Inc. D/B/A, Smile Simple Attn: Legal/DMCA Notice, 2740 SW Martin Downs Blvd #195, Palm City, FL 34990.

You written notification should include all the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Reasonably sufficient information to permit us to contact the complaining party, such as name, address, phone number and e-mail address.
5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will terminate the accounts of users who are repeat copyright infringers. Disclaimers and Limitation on Liability, Warranty and Guaranty

NO MEDICAL ADVICE. INFORMATION PROVIDED ON OUR WEBSITES, APPS OR THROUGH OUR SERVICES ARE NOT INTENDED TO AND SHALL NOT CONSTITUTE THE PROVISION OF MEDICAL, DENTAL OR PROFESSIONAL HEALTH CARE, DIETETIC OR NUTRITIONAL ADVICE OR SERVICES THAT REQUIRE LICENSING. ALL DATA, INFORMATION, ADVICE, TEXT, GRAPHICS, LINKS, AND OTHER MATERIAL ON THE WEBSITES OR PROVIDED THROUGH OUR SERVICES IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. INFORMATION ON THIS WEBSITE OR PROVIDED THROUGH OUR SERVICES IS NOT INTENDED TO AUGMENT OTHER SOURCES OF INFORMATION AND ARE NOT A SUBSTITUTE FOR YOUR PERSONAL RESPONSIBILITY AND DUE DILIGENCE.

YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION OR MATERIAL PROVIDED ON OUR WEBSITES OR THROUGH OUR SERVICES IS NOT INTENDED TO SERVE AS CLINICAL, MEDICAL, DIETETIC OR NUTRITIONAL ADVICE, NOR IS IT INTENDED TO BE USED FOR DIAGNOSIS OR TREATMENT OF ANY CONDITION OR SYMPTOM. YOU SHOULD CONSULT WITH YOUR DENTIST OR ORTHODONTIST OR OTHER QUALIFIED HEALTH CARE PROVIDER REGARDING ANY SPECIFIC QUESTIONS YOU HAVE. YOU SHOULD NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY SEEKING TREATMENT BASED ON ANY INFORMATION CONTAINED IN OUR WEBSITES OR ANY WEBSITE LINKED TO FROM OUR WEBSITE OR PROVIDED THROUGH OUR SERVICES.

INFORMATION CONTAINED IN OUR WEBSITES, APPS, OR THROUGH OUR SERVICES IS GENERAL IN NATURE AND NOT INTENDED TO ADDRESS YOUR INDIVIDUAL SITUATION. YOUR SPECIFIC TREATEMENT PLAN IS PREPARED THROUGH LICENSED AFFILIATE DENTIST OR ORTHODONTIST BASED ON THEIR PROFESSIONAL OPINION. IF YOU HAVE ANY HEALTH CARE RELATED QUESTIONS, CALL OR SEE YOUR PHYSICIAN, MENTAL HEALTH PROFESSIONAL, OR OTHER QUALIFIED HEALTH CARE PROVIDER PROMPTLY, OR CONTACT YOUR LOCAL EMERGENCY ROOM OR CALL 911 IN THE UNITED STATES IN CASE OF AN EMERGENCY.

DISCLAIMERS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY OF ANY INFORMATION ON OUR WEBSITES, OR PROVIDED THROUGH OUR APPS OR SERVICES OR THE SUCCESS USERS WILL HAVE AS A RESULT OF THE PRODUCTS SOLD ON OUR WEBSITES, APPS AND SERVICES. OUR WEBSITES, SERVICES, AND PRODUCTS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITES, INFORMATION PROVIDED THROUGH OUR APPS OR SERVICES OR THE PRODUCTS SOLD, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM ANY COURSE OF DEALING OR USAGE OR TRADE EXCEPT AS EXPRESSLY SET FORTH IN YOUR CONSENT FORM RELATED TO ALIGNER TREATEMENT PLAN.

WE MAKE NO WARRANTY THAT OUR WEBSITES, APPS, SERVICES, BLOGS OR OTHER PLATFORMS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES, APPS OR THE SERVERS THAT

MAKE IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

LIMITATIONS ON LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL STRAIGHT TEETH SOLUTIONS, INC. D/B/A SMILE SIMPLE, ITS OWNERS, OFFICERS, MANAGERS, ADVISORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ANY MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH OUR WEBSITES, APPS OR SERVICES OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF ANY SUBSIDIARY OR PARENT COMPANIES, OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY THAT STATE’S APPLICABLE LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITES, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITES OR APPS, OR WITH ANY OF THE WEBSITES’ TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITES, APPS, PRODUCTS, SERVICES, OR MATERIALS.

WE CONTINUALLY UPDATE AND DEVELOP OUR WEBSITES AND APPS AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THEIR ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

ADDITIONALLY, WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF OUR WEBSITES, APPS AND SERVICES WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. THIS INCLUDES BUT IS NOT LIMITED TO ANY INJURY CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY.

CONTENT RELATING TO DENTAL HEALTH, ORTHODONTICS AND ALIGNER TREATEMENT ON OUR SITES OR THROUGH OUR SERVCIES. YOU SHOULD NOT RELY ON THE INFORMATION ON OUR WEBSITES, APPS OR SERVICES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL AND DENTAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OUR WEBSITES, APPS OR THROUGH OUR SERVICES. THE

USE OF ANY INFORMATION PROVIDED ON OUR WEBSITES, APPS AND THROUGH OUR SERVICES IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON OUR WEBSITES, APPS OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, DENTAL OR ORTHODONTICS COUNSELING OR CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE, DENTAL AND ORTHODONTICS COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, DIETETICS, NUTRITION OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

INDEMNIFICATION. YOU AGREE TO BE FULLY RESPONSIBLE FOR, AND FULLY INDEMNIFY US AGAINST, ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY THIRD-PARTY CONTENT YOU POST TO OUR WEBSITES, APPS AND SERVICES, ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF SERVICE BY YOU OR ANY PERSON ACCESSING OUR WEBSITES, APPS AND SERVICES USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT, AND ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF OUR WEBSITES, APPS AND SERVICES.

You hereby agree to release Straight Teeth Solutions, INC. D/B/A Smile Simple, its owners, directors, officers, employees, affiliates and third-party service providers from any and all claims, demands and damages, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“Claims”) arising out of or in any way connected with your use of our websites, apps or Services. California residents agree to knowingly waive California Civil Code §1542, regarding general releases.

Choice of law, jurisdiction and binding arbitration. By visiting our website or using our Services, you acknowledge and agree that these Terms and all claims arising out of or related to it or our Services, shall be governed solely by the internal laws of the State of Florida, including without limitation applicable federal law and without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws.

STS and You agree that in the event of any dispute, the party wishing to address the dispute must first contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. The parties shall then make a good faith effort to resolve the dispute through negotiation and mediation, before resorting to more formal means of resolution. If the dispute is not resolved through a good faith effort through this informal procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.

The parties agree that should the informal process set forth in the preceding paragraph fail to resolve any dispute between us, then any and all disputes remaining will be resolved by binding arbitration. Each party knowingly and specifically waive any right to go to court to assert or

defend our or your respective rights. Except that matters that meet the jurisdictional requirements may be taken to small claims court. Except as set forth in these Terms any dispute arising out of or relating to these Terms, or our Services, including with respect to the interpretation of any provision of these Terms or other agreements between you and us, or concerning either party’s performance or obligations, shall be resolved by mandatory and binding arbitration submitted to the American Arbitration Association pursuant to its Commercial Arbitration Rules, or similar rules in effect at the time, for binding decision by a single arbitrator. The parties agree that the arbitrator shall, after reaching judgment and award, prepare and distribute to the parties a written statement stating the disposition of each claim, as well as a concise statement of the essential findings and conclusions on which the award is based. The award of the arbitrator(s) shall be final and binding on the parties and judgment may be entered in a court of competent jurisdiction. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted in Palm City, Martin County, Florida and the parties consent to the personal and exclusive jurisdiction of the arbitrator and venue for arbitration in Martin Country, Florida.

Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and the administrative fees of arbitration.

The Federal Arbitration Act and federal arbitration law apply to these Terms. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).

Without limiting the foregoing, the parties also agree that a party may bring suit in a Federal or State court having jurisdiction, located in Martin County, Florida to enjoin infringement or other misuse of intellectual property rights.

Class Action Waiver. You agree that you may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You acknowledge and agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Notice for California Users. Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at [email protected]. In California, consumers shall not

be required to pay the fees and costs of arbitration incurred by us if the consumer does not prevail in the arbitration. Additionally, if you reside in California please also review our California Consumer Privacy Act Disclosure here.

Notice For New Jersey Users. Any disclaimer, limitation of liability, indemnification or damages provisions contained herein shall apply to New Jersey residents or New Jersey transactions only to the extent permitted by New Jersey law or New Jersey public policy.

Miscellaneous. To the extent permitted by applicable law, the parties waive any provision of law that would render any clause of these Terms of Use invalid or otherwise unenforceable in any respect. If any provision of these Terms of Use is held invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.

These Terms set forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.

We may send notices pursuant to these Terms to you via the email address or physical address you provide us, and such notices will be deemed received 24 hours after they are sent. You may send notices pursuant to these Terms to [email protected] or by mail or courier to Straight Teeth Solutions, Inc. D/B/A Smile Simple, Attn: Legal, 2740 SW Martin Downs Blvd #195, Palm City, FL 34990, and such notices will be deemed received 72 hours after they are sent.

No delay, failure, or default, other than a failure to pay monies when due, will constitute a breach of the Terms to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or nature, strikes or other labor disputes, riots or acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.

We will not be deemed to have waived any of our rights under these Terms by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of these Terms will constitute a waiver of any other breach of these Terms.

Consent for Electronic Communications When you visit our websites, use our app or Services, or send us emails, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We may communicate with you by email or posting notices on our websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for written notices or communications.