Terms of Service

TERMS AND CONDITIONS

Last updated August 20, 2020

WEBSITE USE

Smiles First Academy Corporation (“Smiles First Academy”) maintains a website located at www.smilesfirstacademy.com (the “Site”). The Site is provided to you subject to your compliance with the our terms and conditions of use (“Terms and Conditions”). By accessing or using the Site you agree to be bound by these Terms and Conditions. Please do not access or use the Site if you do not agree to be bound by these Terms and Conditions.

MODIFICATIONS TO THE TERMS AND CONDITIONS

Smiles First Academy reserves the right to change these Terms and Conditions at any time and your continued access or use of the Site after such changes indicates your acceptance of the Terms and Conditions as modified. It is your responsibility to review these Terms and Conditions periodically for changes.

SECURITY

You are responsible for maintain the confidentiality of your login credentials and are entirely responsible for all activities that occur under those credentials. You agree to 1) exit from your account at the end of each session, and 2) immediately notify Smiles First Academy of any unauthorized use of your login credentials or any other breach of security.

VIRUSES

Accessing this Site and the information, data, and other materials (the “Content”) is done at your own risk. Smiles First Academy cannot and does not guarantee or warrant that the Site or the Content are compatible with your computer system or that the Site or Content will be free from viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system. You are also responsible for the entire cost of any service, repairs, or connections of and to your computer system which may be necessary as a result of your use of the Site.

PERSONAL INFORMATION SUBMITTED THROUGH THE SITE

Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the foot section of the Site.

THIRD-PARTY WEBSITES

The Site may provide links to third-party websites. Smiles First Academy does not endorse the information contained in those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose. The content in any linked website is not under Smiles First Academy’s control and if you access to access any such website, you do so entirely at your own risk.

DISCLAIMER

THE SITE AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SITE OR THE CONTENT IS AT YOUR OWN RISK. SMILES FIRST ACADEMY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY OR TIMELINESS OF THE SITE OR THE CONTENT. SMILES FIRST ACADEMY DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE SITE OR CONTENT.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, SMILES FIRST ACADEMY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL SMILES FIRST ACADEMY BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT SMILES FIRST ACADEMY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY OT MAKE SUE OF, THE SITE OR CONTENT.

ERRORS, INACCURACIES, AND OMISSIONS

Although Smiles First Academy takes reasonable care and skill to ensure the Content on the Site is accurate and up to date, typographical and other errors may nevertheless occur. Smiles First Academy does not undertake to update or correct such information and reserves the right to modify, delete, and rearrange any or all of the Content or Site at any time without notice to use. Smiles First Academy makes reasonable efforts to prevent unauthorized tampering with the Content and Site, but does not guarantee that its efforts will always be successful.

INDEMINIFICATION

You agree to defend, indemnify, and hold harmless Smiles First Academy and its affiliates, parents, subsidiaries, and each of their respective employees agents, contracts, officers, directors, successors and assigns from all liabilities, claims, damages, and expenses, including, without limitation, legal fees and costs, that arise from your use or misuse of the Site and Content.

NO UNLAWFUL OR PROHIBITED USE

You agree that you will not, without our prior permission, use the Site and Content for purposes other than your own personal non-commercial use and benefit. You may not frame the Site or Content or any part thereof on any commercial or non-commercial internet website. You acquire absolutely no rights or licenses to the Site or Content other than the limited right to use the Site and the Content in accordance with these Terms and Conditions. You agree that you shall not use the Site for any purpose that is unlawful. Except as expressly provided in these Terms and Conditions, any reproduction, retransmission, distribution, sale, republication, or modification, of the Site or Content, in whole or part, and any reverse engineering or other exploitation of the Site is strictly prohibited.

OWNERSHIP

All Content, designs, graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Site or in the Content are owned by Smiles First Academy and are protect by copyright, trade-mark, or other intellectual property laws and treaty provision laws.

GOVERNING LAW

These Terms and Conditions are governed by the laws of the Province of Ontario and applicable laws of Canada and these laws apply to the use of the Site or Content by you, notwithstanding your domicile, residency, or physical location. The Site and Content are intended for use only in jurisdictions where it may lawfully be offered for use.

ACCESSIBILITY

We are committed to making our Site and Content accessible to customers who use screen readers and other assistive technologies. If you have questions about the Site or Content, or you would like to make a purchase, please call 1.877.270.3077ext 334 or contact info@smilesfirstacademy.com.

CHOICE OF LANGUAGE

The parties hereto confirm that it is their wish that the Terms and Conditions, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que les termes et conditions de même que tous les documents, y compris tout avis qui s’y rattache, soient rédigés en langue anglaise.

GENERAL PROVISIONS

These Terms and Conditions constitute the entire agreement between Smiles First Academy and you pertaining to the subject matter hereof and supersedes all prior contemporaneous communications and proposals, whether electronic, oral or written, between you and Smiles First Academy with respect to the Site. Smiles First Academy’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provisions or right. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.

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