Effective Date: 11.15.2014
Last Modified Date: 11.15.2014
Welcome to GOSMiLE.com. GO SMiLE, Inc., GO SMiLE Direct, LLC and their affiliates (collectively, "GO SMiLE") provide their services to you subject to the following conditions, which are also known as our terms and conditions ("Terms and Conditions"). By accessing and browsing this web site as well as GO SMiLE's other web sites (collectively "GOSMiLE.com"), you accept and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access this web site.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GOSMiLE.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use GOSMiLE.com only with involvement of a parent or guardian. GO SMiLE reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
GOSMiLE.com attempts to be as accurate as possible. However, GO SMiLE does not warrant that product descriptions or other content on this site is accurate, complete, reliable, current, or error-free. If a product offered by GOSMiLE.com itself is not as described, your sole remedy is to return it in accordance with our Return Policy.
PLACING YOUR ORDER
When you order something from this web site you agree to comply with our shopping process. By placing an order with us you warrant to us that you are a resident in the U.S., that you are accessing this web site from the U.S. and that you are at least 18 years old and legally capable of entering into binding contracts. All orders placed by you are subject to acceptance by GO SMiLE and all items are subject to availability.
PRICES AND PAYMENTS
The prices for any goods will be as quoted on our web site. Prices are subject to change. These prices do not include sales tax, where applicable. Delivery costs are not included.
RISK OF LOSS
All items purchased from GOSMiLE.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
All web site design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all software is Copyright (c) 2014 GO SMiLE, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on this web site is the exclusive property of GO SMiLE and protected by U.S. and international copyright laws. All software used on this site is the property of GO SMiLE or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of this web site for the sole purpose of placing an order with GO SMiLE or using this web site as a shopping resource. Any other use of materials on this web site – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of GO SMiLE is strictly prohibited.
USE OF INFORMATION
All material and information presented by GO SMiLE is intended to be used for educational or informational purposes only. The statements made herein about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. Use of this web site is not meant to serve as a substitute for professional medical advice: this web site is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from this web site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. GO SMiLE does not give or intend to give any answers to medical related questions and this web site does not replace any medical professional or medical resource. GO SMiLE does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on this web site. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
THIRD PARTY CONTENT
GO SMiLE may provide content of third parties ("Third Party Content") as a service to those interested in this information. GO SMiLE does not monitor, approve or have any control over any Third Party Content. GO SMiLE does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content. GO SMiLE is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk.
GO SMiLE, On The Go, The SMiLE Beauty Company, Hyperox, Ampoule Technology, GOSMiLE.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of GO SMiLE and may not be used in connection with any product or service that is not offered by GO SMiLE in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GO SMiLE. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our return policy, posted on this site. These policies also govern your visit to GOSMiLE.com. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
GO SMiLE IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THIS SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, GO SMiLE DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, GO SMiLE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
WITHOUT LIMITING YOUR RIGHTS UNDER GO SMiLE'S RETURN POLICY (SEE BELOW), GO SMiLE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS (COLLECTIVELY, THE "GO SMiLE PARTIES") WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. IN NO EVENT WILL THE GO SMiLE PARTIES' TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER, EXCEED THE TOTAL VALUE OF ANY REFUND (IF ANY) TO WHICH YOU MAY BE ENTITLED TO UNDER GO SMiLE'S RETURN POLICY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
This site is created and controlled by GO SMiLE in the State of California, U.S.A. As such, the laws of the State of California will govern these Terms and Conditions, without giving effect to any principles or conflicts of laws.
Any dispute relating in any way to your visit to GOSMiLE.com or to products you purchase through GOSMiLE.com shall be submitted to confidential arbitration in California, California, except that, to the extent you have in any manner violated or threatened to violate GO SMiLE's intellectual property rights, GO SMiLE may seek injunctive, monetary or other appropriate relief in any state or federal court in the state of California (and GO SMiLE may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The arbitrator is authorized to grant GO SMiLE it reasonable fees and costs (including reasonable attorney's fees) incurred by GO SMiLE in any action to enforce these Terms and Conditions.
GO SMiLE Direct, LLC
Attn: Legal Department
2200 Powell Street
Emeryville, CA 94608
The products displayed on this web site can be ordered and delivered only within the U.S. GO SMiLE products displayed on this web site may be available in select retail stores in the U.S. and certain foreign markets. All prices displayed on this web site are quoted in U.S. Dollars and are valid and effective only in the U.S. All of the products purchased from this web site should be used in accordance with the manufacturer's instructions, precautions and guidelines. If any minor uses any goods or product from GO SMiLE it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by GO SMiLE.
FRAUD PROTECTION PROGRAM
We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
GO SMiLE welcomes your comments and feedback regarding this web site, and GO SMiLE products and services. Any information, materials, suggestions, ideas or comments sent to GOSMiLE.com will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting GO SMiLE an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, GO SMiLE will not use your name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.