SmylUSA LLC TERMS OF USAGE
Dear potential SmylUSA customer! Welcome! Yes, we have to get to the legalese of our pending relationship. But we know you will still put your Smyl on! We ask that you please review the following Terms of Usage ("TOU Acknowledgment"), which control and apply to your review, access and use of SmylUSA.com (the "Website"), anySmylUSA mobile apps or other virtual platforms utilized by SmylUSA LLC (the “Platforms”), and the purchasing of products or treatments and any other services offered on the Website and the Platforms (collectively, the “Services”). Your use of the Website, Platforms, and any election of Services will constitute your full, knowing and voluntary understanding and agreementthat you will comply with the terms and conditions of this TOU Acknowledgment.
SmylUSA Policy on Privacy
Consent to Electronic Communications
The great part of the SmylUSA customer-service model is the efficiency it creates to help bring products and treatments to you, our customer. That being said, wheneveryou are on ourWebsite, use the Platforms, or send e-mails or other data to SmylUSA, please understand that you will be communicating with us through electronic means for the most part. In doing so, you understand and agree that you are consenting to obtaining communications from us likewise, through electronic means. Thus, in most cases, we will communicate with you by email. We may also communicate with our customers by posting notices on the Website and/or Platforms. At all times, you hereby understand and agree that all TOU Acknowledgments, any other disclosures and all other communications that SmylUSA provides to you electronically satisfy any legal requirement that such communications be in writing.
Website and Platforms - Ownership
Yes, the legalese gets even more boring. But bear with us, and still put your Smyl on! The Website and Platforms are expressly owned, managed and/or operated in whole or in part by SmylUSA. Unless otherwise noted, the design and content features on the Website and Platforms, including information and other materials, video presentations, audio presentations, drawings, photographs, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, all forms of text, data, audio sound, hardware, software, and any and all other information or data used for purposes of the Website and Platforms, as well as the choice and presentation style and format thereof (the "Website and Platforms"), are owned by SmylUSAand any affiliates or are licensed from third party service providers by SmylUSA. The Website and Application, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.
Website and Platforms - Assumption of Risk
Our Website and Platformsare presented to the public on an "as is" basis, with all of its benefits and potential downsides, risks or faults. By continuing to access the Website and Platforms, you agree that your use is at your own risk. Website and Platforms may contain errors, omissions, or typographical errors or may be out of date. The Website and Platforms may change, delete or update any Website and Platforms at any time and without prior notice.
Website and Platforms - Personal Use Only
OurWebsite and Platforms are forpersonal useonly. Our Websites and Platforms are not to be used for non-personal, or commercial purposes unless expressly authorized by SmylUSA. Generally speaking, without prior express authorization from SmylUSA, non-individuals may not use ourWebsite and Platforms.Unauthorized and/or unlawful uses of the Website and Platforms, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized connecting to ourWebsite and Platforms, will be subject to any and allappropriate civil and/or criminal actions, seeking damages and reasonable attorney’s fees and costs, as authorized pursuant to applicable law.
Website and Platforms - Access and Use
The Website, Platforms, and the Services are not intended for users under the age of 18, however users under the age of 18 may access the Website, Platforms and the Services as detailed below. To register for any Services offered on the Website or Platforms, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Website and/or Platforms in conjunction with your parents or guardians. SmylUSA does not knowingly collect personally identifiable information from users under the age of 18. Children under 18 should not use the Website and Platforms. If a child under 18 submits information through any part of the Website or Platforms, and SmylUSA becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
Websites and Platforms - Ending Your Ability to Use
Your failure to follow the requirements of this TOU Acknowledgment may result in suspension or termination of your access to the Services, without notice, in addition toany and all other relief and remedies available under the law. SmylUSA further reserves the right to terminate, without notice, any user's access to or use of the Website and Platforms for any reason.
SmylUSA Shipment of Goods
Unless otherwise agreed, SmylUSA products will be transported, delivered or shipped consistent with standard practices in the industry (FOB),from SmylUSA's warehouse or other facility, regardless of prepaid freight by SmylUSA or express freight paid by the customer. Title to and risk of loss to products shall pass to Buyer upon shipment. Neither the time method nor place of payment, method of shipment, form of shipping document, nor place of acceptance of Buyer's order shall alter the foregoing.
SmylUSA Disclaimer of Warranty; Limitation of Liability
Ok, this is really important, and we respectfully request you read the following. You acknowledge that you are accessing, reading or using the Website, the Platforms, and the Services at your own risk. The Website, Platforms and the Services are provided "as is," and to the full extent permitted by applicable law, SmylUSA, its affiliates and its third party service providers hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, noninfringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. SmylUSA, its affiliates, and its third party service providers do not represent or warrant that access to the Website and Platforms and their Services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of SmylUSA.com. SmylUSA, its affiliates, and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this TOU Acknowledgment, the provision of Services hereunder, the sale or purchase of any products or merchandise ordered through the Website, your access to or inability to access the Website and Platforms or Services, including for viruses alleged to have been obtained from the Services, your use of or reliance on the Services, the Website and Platforms or materials available through third party Websites linked to the Website, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.
Further, by continuing to access, review and use our Website and Platforms, you hereby agree to release SmylUSA, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) 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 the Website and Platforms and their Services.
If you are a California resident, you waive California Civil Code section 1542, which states, in part: a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
SmylUSA.com is for Use Only in the United States of America
The Website and Platforms are hosted in the United States and are intended for users located in the United States. If you are a non-U.S. user of the Website and Platforms, by visiting the Website, using the Platforms, and using their Services and/or providing us with any communications or information, you thereby agree to comply with all applicable laws governing the Website and Platforms, their Services, online conduct and acceptable communications. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
SmylUSA Trademark Protections
SmylUSA and the Website and Application names, logos, and other identifying marks are the property of SmylUSA LLC. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.
Notice of Opt-In/Opt Out – Text Messaging and SMS Communications
Please note that we welcome communications that make your life and ours much easier and more enjoyable! That said, please know that if you provide a cell phone number, we may use this information to send SMS updates about your requests, orders and other feedback, including any promotional or marketing information. We may also share this information with a third party to aid in sending text messages via SMS or SMS short codes to you. You will always have the right to reply 'STOP' to any SMS message in order to Op-Out from SMS updates. You may also be able to reply 'HELP' to get help.As a courtesy to our customers, SmylUSA does not charge any users fees to send or receive text messages. However, SmylUSA is not responsible in the event message and data rates are applied by your cellular service carrier. Any and all cellular carriers utilized and/or accepted by SmylUSA are generally not liable for delayed or undelivered messages. SmylUSA will not be liable for any delays in the receipt of any SMS messages connected with our SMS infrastructure.
Lastly, SmylUSA respects your privacy. See this link to SmylUSA’s Policy on Privacy. To comply with applicable governmental regulations or laws, we do reserve the right to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, to protect our rights or property. You also understand that forms of communications made through digital or cellular means such as text messages are generally not encrypted or secure. Thus, we encourage you to take precautions in your communications with us.
SmylUSA Modifications to TOU Acknowledgment and Other Rights
Because things may change in the industry or with respect to legal compliance issues, SmylUSA reserves the right, at any time, with or without prior notice, to modify, alter or update this TOU Acknowledgment. Please know that the most recent version of the TOU Acknowledgment will be what is viewable on this webpage. Your ongoing and/or continued viewing or access to the Website and Platforms, and use of the Services by you, will constitute your acceptance of any changes or revisions to the TOU Acknowledgment. SmylUSA also reserves the right to add or post, from time to time, additional Terms of Usage that apply to particular sections or areas of the Website and/or Platforms. Again, your ongoing and/or continued use of the Website and Platformsshall connote your TOU Acknowledgment to comply with any and all language adjustments.
Florida is Governing Law; Venue and Jurisdiction
SmylUSA makes no representation that the Website and Platforms, the Services or products offered through the Website and Platforms are appropriate, available or legal in any particular location. Those who choose to use, review or access the Website and Platforms and the Services and products offered through the Website and Platforms do so at your own voluntarily choosing and are responsible for compliance with state or local laws, if and to the extent state or local laws are applicable. You agree that this TOU Acknowledgment, for all purposes, shall be governed and interpreted in full, in accordance with the laws of the State of Florida. Any action based on or alleging a breach of this TOU Acknowledgment must be brought in a state or federal court located in the United States District Court, Middle District of Florida, Tampa Division. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts, and expressly waive venue and jurisdiction elsewhere. You also agree to waive any right to a jury trial, and any and all actions will be conducted by a bench trial only.