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I. General Your access to and use of this site is subject to the following Legal Terms. Please read these Legal Terms carefully before accessing or using the site, so that you fully understand your rights and responsibilities. BY ACCESSING OR USING THE SITE, YOU SIGNIFY YOUR AGREEMENT WITH THESE LEGAL TERMS. SMILES BY HOLSINGER AND HIGGINS RESERVES THE RIGHT TO CHANGE THESE LEGAL TERMS AT ANY TIME. IF WE DECIDE TO CHANGE THE LEGAL TERMS, WE WILL POST ANY CHANGES ON THIS WEB SITE. ANY SUCH CHANGES SHALL BE EFFECTIVE UPON POSTING ON THE WEB SITE. BY ACCESSING THE SITE FOLLOWING THE POSTING OF CHANGES TO THE LEGAL TERMS, YOU AGREE TO ALL SUCH CHANGES. These Legal Terms are agreed to by and between you and Smiles by Holsinger and Higgins ("Smiles"). In consideration of your use of and access to this web site, and the promises and obligations in these Legal Terms, and intending to be legally bound, you and SMILES hereby agree to all of the terms and conditions of these Legal Terms. These Legal Terms describe the terms and conditions under which SMILES welcomes you to this site. Please read the Legal Terms carefully so that you fully understand your rights and responsibilities. II. Smiles Intellectual Property Rights Copyright Smiles. All rights reserved. All copyrightable text, graphics, charts, photographs and icons, design, selection, and arrangement of content in any medium on this site is copyrighted by Smiles, unless otherwise noted. This site may also contain references to third-party marks, which are the property of their respective owners. If you have any questions regarding a specific mark or any other Smiles intellectual property, please contact Smiles at info@Smilesby.com. Any unauthorized use of any of Smiles's marks, or of its copyrighted material is strictly prohibited, and will be prosecuted to the fullest extent that the law provides. III. Use of This Site Permission is granted to download this site's content and to print a single hard copy for the user's use only. You may not otherwise use, copy, modify, distribute, republish or transmit any of the content or materials of this site without the written permission of Smiles. You understand and expressly agree that use of this site is at your own risk, that any material or data downloaded or otherwise obtained through the use of the site is at your own discretion and risk, and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material or data, and for any other form of damage that may be incurred. SMILES SHALL NOT BE LIABLE TO USERS FOR ANY DAMAGE RESULTING FROM USE OF THE SITE, NOR IS SMILES IN ANY WAY RESPONSIBLE FOR THE CONDUCT OF USERS, OR INFORMATION EXCHANGED ON THE SITE. Although Smiles endeavors to provide accurate information, this site is intended to be for general reference purposes only. Smiles makes no guarantees with respect to any information provided on the site. You must personally seek competent legal and/or medical advice from a professional. IV. No Warranty USER EXPRESSLY UNDERSTANDS AND AGREES THAT SMILES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF SMILES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS LIMITATION IS SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT ITS SCOPE. V. No Liability In no event shall Smiles or any of its affiliates, officers, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data, information, profits or business interruption, arising out of or in any way related to the use or performance of this web site or any linked site, to any information or products or anything else obtained through this site, or otherwise arising out of the use of this site, or to the inability to use the site, whether based in tort, contract, negligence, strict liability or otherwise, even if Smiles has been advised of the possibility of damages. Your sole and exclusive remedy is to discontinue using this web site. VI. Smiles Indemnified You agree to indemnify, defend and hold harmless Smiles, its affiliates, officers, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liability, damages and costs (including, but not limited to, attorneys' fees) arising from your use of the site or the violation of these Legal Terms, including without limitation, your infringement, or infringement by any other users of your account, of any intellectual property or other right or policy of any person or Smiles. VII. Privacy Policy Please carefully review the Privacy Policy for this site, listed below. By your access or use of this site, you hereby agree to the terms of this Privacy Policy, which are incorporated into these Legal Terms by reference. VIII. Advertisements and Other Sites The Smiles Web site may contain links to third party websites that are not under the control of Smiles. Smiles makes no representations whatsoever about any other web site to which User may have access through the Smiles web site. When User accesses a third party web site, User does so at its own risk and acknowledges that Smiles is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Smiles shall not be liable for any loss or damage of any sort incurred as the result of using any third party's web site. Mention of third party companies and web sites on the Smiles Web site is for informational purposes only and does not constitute an endorsement or recommendation. IX. Agreement to Legal Terms; Changes BY YOUR ACCESS OR USE OF THIS SITE, YOU HEREBY AGREE TO THESE LEGAL TERMS. These Legal Terms constitute the entire agreement between the parties with respect to the subject matter contained in the Legal Terms and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Legal Terms will be effective only if in writing and signed by SMILES. These Legal Terms will inure to the benefit of Smile's successors, assigns and licensees. X. Contacting Us If you have any other questions or concerns regarding these Legal Terms, please contact us via e-mail at info@Smilesby.com. SMILES PRIVACY POLICY Your privacy is important to us at the Smiles by Holsinger and Higgins ("SMILES"), and we are providing this Privacy Policy to explain our policy with respect to information collected about you. The phrase Personally Identifiable Information in this policy shall refer to information or a combination of information that you provide to us through the Internet that can be used to uniquely identify you. Our Privacy Policy is described in more detail below: I. Collection and Use of Information by Smiles Smiles may collect any content, record, or electronic communication of any kind, including Personally Identifiable Information, subject to applicable laws. This includes both information that you physically type into the computer keyboard, as well as other information collected, for example through Internet Protocol (IP) addresses and the use of cookies which may be placed on your computer when you access the site. You may set your browser to not accept cookies, or to warn you when a cookie is being placed on your computer. If you choose not to accept cookies, however, your ability to navigate this site may be hindered. II. Children This website is not directed toward children under eighteen years old, and SMILES does not knowingly collect or use information from children under the age of thirteen through this site without first obtaining parental permission. III. Agreement to Terms BY YOUR USE OF THIS SITE, YOU HEREBY AGREE TO THE TERMS OF THIS PRIVACY POLICY AND CONSENT TO THE COLLECTION AND USE OF INFORMATION AS DISCUSSED IN THIS PRIVACY POLICY. SMILES RESERVES THE RIGHT TO CHANGE THIS PRIVACY POLICY AT ANY TIME. IF WE DECIDE TO CHANGE THE PRIVACY POLICY, WE WILL POST ANY CHANGES ON THIS WEBSITE. ANY SUCH CHANGES SHALL BE EFFECTIVE UPON POSTING ON THE WEBSITE. BY ACCESSING THE SITE FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY, YOU AGREE TO ALL SUCH CHANGES. BY YOUR USE OF THIS SITE, YOU ALSO HEREBY AGREE TO THE FULL LEGAL TERMS OF THE SITE, WHICH ARE INCORPORATED INTO THIS PRIVACY POLICY BY REFERENCE. PLEASE CAREFULLY REVIEW THE FULL LEGAL TERMS OUTLINED ABOVE. IV. Contacting Us If you have any questions or concerns regarding this Privacy Policy, or any requests for access to or changes to information about you, please e-mail us at info@Smilesby.com. |
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Smiles by Holsinger & Higgins 410-479-3644 Delaware 800-617-3644 10646 River Road Denton, MD 21629 Copyright© 2003-2004 Smiles by Holsinger & Higgins - All rights reserved. |