These Terms of Use (“Terms”) govern your use of the Smile Elements website (“Website”), owned and operated by Smile Elements (“Company,” “we,” “us,” or “our”). By using the Website, you agree to be bound by these Terms. If you do not agree, do not use the Website.

1. Use of Website

We grant you a limited, non-transferable, revocable license to use the Website for personal, non-commercial purposes. You may not reproduce or use content from this Website for commercial gain without our written consent.

2. Medical Disclaimer

The information provided on this Website, including descriptions of orthodontic treatments, services, and products, is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your orthodontist or other qualified healthcare provider regarding any questions you may have concerning a medical condition.

3. License to Use Website

Subject to these Terms, Smile Elements grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use only. You may not reproduce, distribute, display, modify, or exploit any content or functionality from the Website for commercial purposes without express written consent from Smile Elements.

4. Prohibited Conduct

You agree not to:

• Engage in any unlawful activity through the Website.

• Use the Website in a manner that infringes the intellectual property rights of others.

• Post or transmit any content that is harmful, abusive, defamatory, or otherwise objectionable.

• Interfere with or disrupt the operation of the Website or its servers.

5. User-Generated Content

If you submit any content to Smile Elements through the Website, including feedback, reviews, or other materials, you grant Smile Elements a perpetual, irrevocable, royalty-free, and fully sublicensable right to use, modify, reproduce, distribute, and display such content without restriction.

6. Third-Party Links

The Website may contain links to third-party websites for your convenience. Smile Elements does not control, endorse, or assume responsibility for the content, privacy practices, or availability of such third-party websites. You access these third-party websites at your own risk.

7. Termination

Smile Elements reserves the right to suspend or terminate your access to the Website at its sole discretion, without notice, for any reason, including but not limited to a breach of these Terms.

8. Limitation of Liability

In no event shall Smile Elements or its affiliates be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of your use of the Website or any content therein, even if Smile Elements has been advised of the possibility of such damages.

9. Indemnity

You agree to indemnify and hold harmless Smile Elements, its officers, directors, employees, agents, and affiliates from any claims, damages, liabilities, and expenses arising from your use of the Website, violation of these Terms, or infringement of any rights of third parties.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Alberta, Canada, without regard to its conflict of law principles. You consent to the exclusive jurisdiction and venue of the courts located in Alberta, Canada, for any disputes arising from or relating to these Terms.

11. Changes to Terms

Smile Elements reserves the right to modify these Terms at any time. All changes will be posted on this page, and the updated Terms will be effective immediately upon posting. Your continued use of the Website following any such changes constitutes your acceptance of the revised Terms.

12. Contact Information

For any questions or concerns regarding these Terms, please contact us at:

• Email: [email protected]

• Phone: (403) 730-6400

• Address: #250, 15 Royal Vista Place NW, Calgary, AB T3R 0P3