1. Acceptance of Agreement. You agree to the terms and conditions set forth in this Agreement with respect to your use of the Website. This Agreement constitutes the entire and only agreement between you and the Company, and supersedes all prior and/or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Website. We may amend this Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website. By your continued use of the Website, you hereby agree to all the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.

2. Requirements. The Website is available only to individuals who can enter into legally binding contracts under applicable law. Notwithstanding the foregoing, the Website is not intended for use by individuals under the age of 18. If you are under the age of 18, you do not have permission to use and/or access the Website.

3. The Product. We are so confident that you will love The Smile Salon that we are sending it to you for FREE! By signing up to receive a free product sample, we will ship the Product sample to you at NO COST, except for shipping and handling charges of $7.95. In addition, by participating in our free Product offer, you are registering for a subscription to receive a one(1) month supply of the Product, and you will receive these shipments until such time that you cancel your subscription.If you cancel your subscription within ten days of signing up, your account will be cancelled and you will have no further obligation with respect to your subscription. If you do not cancel the subscription within ten days of registration, you will begin receiving the Product every 30 days at a cost per shipment of $49.95*, plus $7.95 for shipping and handling. At the time of each Product shipment, we will charge all amounts to the credit card , debit card or banking account number that you supplied to us at registration. Applicable charges will be billed to your credit card, debit card or banking account number. We will not offer refunds for any amounts charged to your credit card, debit card or banking account. However, merchandise may be returned for exchange only at consumers own expense via confirmed delivery within 30 days of purchase.

YOU ACKNOWLEDGE AND AGREE THAT NOTHING CONTAINED AT THE WEBSITE SHALL CONSTITUTE THE PRACTICE OR FURNISHING OF MEDICAL OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION AND/OR TREATMENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WILL CONSULT WITH A QUALIFIED PROVIDER FOR MEDICAL AND/OR HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION AND/OR TREATMENT PRIOR TO OBTAINING AND/OR USING THE PRODUCT.

*Georgia residents will be charged a 7% sales tax

To the extent that you use a personal check, we will hold the Product for approximately 7 days until such time that your personal check clears for payment into our account. Please allow an additional 3-4 days for shipping the Product once the check clears.

If you have any questions regarding the Product sample or Product subscription plan, please contact: sales@thesmilesalon.com

4. License Grant. As a user of this Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website and associated Website content in accordance with this Agreement. The Company may terminate this license at any time for any reason. You may use the Website on one computer for your own personal, non-commercial use. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, de compile, disassemble, reverse engineer or transfer the Website, Website content or any portion thereof. The Company reserves all rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on the Company infrastructure. Your right to use the Website is not transferable. Access to, and use of, the Website may be through a combination of user name and password (“Login”). If you access the Website through a Login, you must keep your Login strictly confidential. For security reasons, the Company will not release passwords for any reason, other than to the applicable user, except as may be specifically required by law or court order. Unauthorized access to the Website is a breach of this Agreement and a violation of applicable law.

5. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Website is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Website. The posting of information or material at the Website by the Company does not constitute a waiver of any right in such information and materials.

6. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Website.

7. Third-party Websites. The Website may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because the Company has no control over such websites and/or resources, you hereby acknowledge and agree that the Company is not responsible for the availability of such third-party websites and/or resources. Furthermore, the Company does not endorse, and is not responsible or liable for, any content, advertising, services, products and/or other materials at or available from such third-party websites or resources, or for any damages and/or losses arising therefrom.

8. Indemnification. You agree to indemnify, defend and hold harmless the Company, its parents and subsidiaries, and each of their respective members, owners, officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys (collectively, “Affiliated Parties”) from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and settlement costs, resulting from any violation of this Agreement and/or your use of the Website. The provisions of this paragraph are for the benefit of the Company and its Affiliated Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

9. Disclaimer and Limitations. THE WEBSITE AND PRODUCT ARE PROVIDED ON AN "AS IS” AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE WEBSITE MAY CONTAIN BUGS, ERRORS, VIRUSES, PROBLEMS OR OTHER LIMITATIONS. THE COMPANY AND THE AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND PRODUCT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE COMPANY AND THE AFFILIATED PARTIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE WEBSITE AND PRODUCT WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

OUR MAXIMUM LIABILITY TO YOU OR TO ANY THIRD-PARTY, UNDER ANY AND ALL CIRCUMSTANCES, WILL BE EQUAL TO THE PURCHASE PRICE THAT YOU HAVE PAID FOR THE PRODUCT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS AND/OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE.

10. Use of Your Information. We reserve the right, and you authorize us, to use and assign any and all information regarding your Website use and any and all other personal information provided by you in any manner consistent with our Privacy Policy, which is hereby made a part of this Agreement.

11. Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and any other equipment needed to access and use the Website, as well as any and all charges related thereto.

12. Legal Warning. Any attempt by any individual, whether or not a Website user, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Website, is a violation of criminal and civil law and the Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

13. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Georgia, and shall be governed by and construed in accordance with the laws of the Georgia (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Georgia, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude either party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce