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Terms and Conditions of Use 

Terms and Conditions of Use

Terms and Conditions of Use

Welcome to Pure Smiles Online (hereinafter “Pure Smiles”), a company that provides invisible dental aligners and is located and operates in Edmonton, Alberta, Canada. The following Terms and Conditions of Use (the “Terms and Conditions”) apply to and regulate your access and use of any products or services offered by Pure Smiles (the “Services”). By using or accessing the Services, you acknowledge and agree to any and all Terms and Conditions set out herein. If you are unable to comply in totality with these Terms and Conditions, please do not use or access the Services in any capacity or to any extent.

Changes to Terms and Conditions

Pure Smiles reserves the right to reserve, modify, or amend the Terms and Conditions at any time and at its sole and unfettered discretion. Continued use of the Services by you will constitute your acceptance of the most current version of the Terms and Conditions.

Termination of Use

If you fail to comply with the Terms and Conditions, your use of the Services may be restricted, suspended, or terminated without notice. Pure Smiles may also restrict, suspend, or terminate your use of the Services at any time and for any reason without notice.

Personal Information and Privacy

By using the Services, you acknowledge and understand that your personal information may be collected and used by Pure Smiles as permitted by law.

Website Content and Usage

The Pure Smiles Website ( the “Site”) is solely owned and operated by Pure Smiles . In the absence of indication to the contrary, all Site content, including but not restricted to text, graphical representations, and images, as well as the manner in which the content and materials are presented, arranged, assembled, or designed (the “Site Content”) is the exclusive property of, or has been lawfully licensed by, Pure Smiles . Site Content may contain errors or omissions, and may not be current. Site Content may be deleted, updated, or otherwise changed by Pure Smiles at any time and without notice. Any reliance on the Site Content is made at your own risk.
Pure Smiles reserves all rights to the Site Content. The Site Content is intended to assist individuals in their personal use of the Services, and is not to be reproduced, retransmitted, or distributed in any form without the express written consent of Pure Smiles, or used in any manner that contravenes the applicable laws of the relevant jurisdiction.

The Site may contain content created, contributed, or otherwise provided by third parties. Statements and opinions conveyed through this content are those of the third party responsible for the content and not of Pure Smiles , and Pure Smiles assumes no liability regarding the accuracy or legitimacy of this content. Pure Smiles may also provide links to content outside of the Site, but does not control and is not responsible for this content. Links to external content are used at your own risk.

Pure Smiles does not guarantee that files available on or through the Site are free from viruses or other destructive code, and is not responsible for any damage to computer equipment or programs, or data loss, that arises from interaction with or use of the Site. You are responsible for taking the appropriate measures to ensure the safety and preservation of your own property and data.

Age Requirements

To use the Services through the Site, you must be at least 18 years of age, or do so under the supervision and guidance of your parent or guardian.

Shipping

In the absence of an express agreement otherwise, items shipped by Pure Smiles are "F.O.B Origin". Title to shipped goods and all risk of loss is assumed by the purchaser of the goods immediately upon shipment by Pure Smiles. Pure Smiles may provide an estimated delivery date, but is not responsible or liable for any shipping delays.

Services Provided and Associated Risks

Pure Smiles offers a medium between customers and an independently-operating orthodontic professional (the “Orthodontist”) through which customers can receive tooth scans at conveniently located outlets or use tools such as dental impression kits to provide dental and orthodontic information to the Orthodontist in a time-and-cost-efficient manner. This information can then be evaluated by the Orthodontist in order to engineer an appropriate treatment plan. Depending on the circumstances, the Orthodontist may prescribe the use of an invisible aligner, or recommend an alternative or supplemental method of treatment.

Pure Smiles does not itself provide any medical or dental treatment or care, but engages in information acquisition for the purposes of referral to and Orthodontist, who is not an employee of Pure Smiles . The Orthodontist is solely responsible for providing a proper assessment and treatment plan in their capacity as a licensed professional.

Pure Smiles uses teledental technology to obtain information about the impression of your teeth that is subsequently reviewed and assessed by an Orthodontist before any recommendations regarding the use of an invisible aligner are made. By using an impression kit or having dental scans or photographs taken, you acknowledge that you understand the potential risks and limitations associated with teledental services, and that the information obtained regarding the impression of your teeth may not be adequate for the Orthodontist to make a proper assessment.

Medical Disclaimer

Pure Smiles does not undertake to respond to medical or dental emergencies, and no information on the Site is intended to constitute medical advice. If you are experiencing such an emergency, please contact the appropriate emergency responder without delay. If you believe you have an emergency, call 9-1-1 or your local emergency responder immediately. Consult your dentist before using the Services. If you have any health-related concerns, contact a physician or the appropriate health professional before using the Services.

Disclaimer or Warranty and Limitation of Liability

The Services and the Site are provided on a strictly ‘as is’ and ‘as available’ basis. Pure Smiles expressly disclaims all representations and warranties, express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Pure Smiles makes no warranty, or guarantee, regarding the reliability, timeliness, quality or suitability or availability of the Services or Site or any services or goods requested through the use of the Services or Site (including third party services), or that the Services or Site will be free from interruption or defect. Pure Smiles does not guarantee the quality or ability of third-party professionals. You agree that the entire risk arising out of your use of the Services or Site, and any good or service requested in connection therewith (including the services of third-party professionals) remains solely with you, to the maximum extent permitted under applicable law.

Pure Smiles shall not be liable for any indirect, special, exemplary, punitive or consequential damages, loss of profit, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services or Site, even if Pure Smiles has been advised of the possibility of such damages.

Furthermore, Pure Smiles shall not be liable for any delay or failure in performance of the Services resulting from causes beyond Pure Smiles ’ reasonable control and Pure Smiles shall not be liable for any damages, liabilities or losses arising out of your use of or reliance on the Services or Site or your inability to access or use the Services or Site, or from any transaction or relationship between you and any third-party professional or other third party, even if Pure Smiles has been advised of the possibility of such damages.

Indemnification

You hereby agree to defend, indemnify and hold harmless Pure Smiles, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach or violation of these Terms and Conditions or your use of the Services or Site.

Jurisdiction and Legality

Your agreement to these Terms and Conditions shall be construed in accordance with the laws of the Province of Alberta, and any dispute, action, or claim arising from the use of the Services or Site, or the application of these Terms and Conditions, will be adjudicated by the Courts of the Province of Alberta. Pure Smiles makes no representation regarding the legality of the use of the Services, and you are responsible for ensuring your compliance with all federal, provincial, municipal, and other laws and regulations that operate in the jurisdiction in which you are using the Services or Site.

Limitation on Time to File Claims

You hereby agree that all claims or actions arising from the use of the Services or Site or the application of these Terms and Conditions must be commenced within one year of the accrual of the claim or action or they shall be permanently barred.

Waiver and Severability

Failure by Pure Smiles to enforce at any time any provision of these Terms and Conditions, or to exercise any election of options provided herein, shall not constitute a waiver of such a provision or option, nor affect the validity of these Terms and Conditions or any part thereof, or the right of Pure Smiles to thereafter enforce each and every such provision. If any provision of these Terms and Conditions is held invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect.

Entire Agreement

These Terms and Conditions reflect the entire agreement between you and Pure Smiles, and supersede any prior agreements, representations, terms, conditions, or warranties with respect to the Services, Site, or other matters contemplated by these Terms and Conditions.