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Smile Again Terms and Conditions

Agreement between User and 888 SMILE AGAIN INC.

888 SMILE AGAIN INC. is owned and operated by 888 SMILE AGAIN INC. (“888 SMILE AGAIN INC. “,”888 SMILE AGAIN INC.“, or “we”). This website, along with the mobile and tablet applications is intended for personal, noncommercial use. This Agreement describes the terms and conditions applicable to the services available through this Site. This Agreement describes your responsibilities and, among other things, limits the liability of 888 SMILE AGAIN INC. and its third-party suppliers or providers. BEFORE SUBMITTING AN ACCOUNT REGISTRATION OR ORDERING ONLINE, BY PHONE, OR BY CHAT, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. BY ACCESSING ANY AREA OF THIS SITE, USERS (“USERS” OR “YOU) AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR SOLE AGREEMENT(“AGREEMENT”) IN IT’S ENTIRETY. If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE. 888 SMILE AGAIN INC. reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these terms and conditions periodically. The amended terms shall be effective from and after the date they are posted on the Site. Additional terms may apply when you book services or when you participate in sweepstakes or other promotions available on 888 SMILE AGAIN INC.. 888 SMILE AGAIN INC. herein, by reference, incorporates the terms of its Privacy Policy.

WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN 888 SMILE AGAIN INC.‘S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

 

Acceptable Use/License

888 SMILE AGAIN INC. grants you a limited, personal, nontransferable, non-sub licensable, revocable license to access and use this Site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. The content and information on this Site (including, without limitation, price and availability of products and services), as well as the infrastructure used to provide such content and information, is proprietary to 888 SMILE AGAIN INC. and/or its third party suppliers. Accordingly, as a condition of using this Site, you agree not to use this site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement. While you may make limited copies of documentation related to your order purchased through this Site, you agree not to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Site. In addition, whether or not you have a commercial purpose, you agree not to:

I. access, monitor, or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of 888 SMILE AGAIN INC.;

II. violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;

III. take any action that imposes, or may impose, in the discretion of 888 SMILE AGAIN INC., an unreasonable or disproportionately large load on the 888 SMILE AGAIN INC. infrastructure;

IV. deep-link to any portion of this Site (including without limitation, the purchase path for any service) for any purpose;

V. deliver any unlawful (according to local, state, federal, or international law or regulation) communication to 888 SMILE AGAIN INC. or through this Site or any postings which advocate illegal activity;

VI. deliver, or provide links, any communication containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusing, profane, insulting, threatening, tortuous, harassing, hateful, or otherwise objectionable;

VII. deliver, or provide links, any communication containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;

VIII. deliver, or provide links to, any communication containing defamatory, false, or libelous material;

IX. deliver any communication that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;

X. deliver any communication that you do not have a right to make available under law or contractual or fiduciary relationships;

XI. manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;

XII. use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users’ computer equipment, or cause damage, disruption, or limit the function of any software, hardware, or telecommunications equipment;

XIII. attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means; or

XIV. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.

 

You may only use this Site to make legitimate purchases or requests to purchase the products or retain the services offered (each, a “Request”) and shall not use this Site to make any speculative, false, or fraudulent Requests, or any Requests in anticipation of demand. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to provide correct and true information in connection with your use of this Site and you agree to promptly update your account information (if applicable) in order to keep it current, complete, and accurate. It is a violation of law to place a Request in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

888 SMILE AGAIN INC. reserves the right to cancel any transaction that it reasonably believes to have been made fraudulently including, by unauthorized use of a credit or debit card, or with unreasonable or unyielding expectations.

Accounts, Communications, Security, Passwords

You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. You agree that It is your responsibility to maintain the current status, completeness and accuracy of your registration data, including but not limited to: a valid email address. You further agree to accept any and all communications exclusively online – electronically and that 888 SMILE AGAIN INC. is not responsible for messages returned to us as “undeliverable”. Any loss caused by your failure to do so is your responsibility. It is entirely your responsibility to maintain the confidentiality of your account. You agree to notify 888 SMILE AGAIN INC. immediately of any unauthorized use of your account. 888 SMILE AGAIN INC. is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

Privacy Policy

You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by 888 SMILE AGAIN INC. and/or its third-party affiliates in accordance with the terms of and for the purposes set forth in the Privacy Policy and the terms of our third-party affiliates’ privacy policies. To the extent permitted by law, 888 SMILE AGAIN INC. makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. 888 SMILE AGAIN INC. will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.

Disclaimer of Digital Use Warranties

ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. 888 SMILE AGAIN INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE, 888 SMILE AGAIN INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. 888 SMILE AGAIN INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. 888 SMILE AGAIN INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

888 SMILE AGAIN INC. IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.

Minors

Persons under the age of 18 are not eligible to purchase, cancel or modify any services available through 888 SMILE AGAIN INC.

Digital Signature Provisions

You represent and warrant that you have the legal right, power and authority to agree to these Terms and Conditions on behalf of yourself and the client, buyer, or other entity on whose behalf you are acting while participating in the site. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have formed, executed, entered into, accepted the terms of, and otherwise authenticated these Terms and Conditions and acknowledged and agreed that these Terms and Conditions are an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act (“UCITA”) and as such are completely valid, have legal effect, are enforceable, and are binding on, and non-refutable by you and the member, buyer, supplier or other entity on whose behalf you are acting.

By submitting any order electronically through e-commerce (online shopping cart), email, phone, or chat, you agree that either by submitting your assent through a check box, or typing or speaking authorization for a payment transaction, it constitutes a legal signature of agreement as per the Uniform Electronic Transactions Act (“UETA”).

When placing an order by phone you agree that the conversation be recorded for the purpose of keeping a record of the transaction as per the Uniform Electronic Transactions Act (“UETA”).

Technical Requirements for Electronic Communications and Commerce

In order to make payments online or receive electronic communications, you must have access to a personal computer with a 128 bit JavaScript enabled browser, internet access, and a valid email account supported by software that enables you to receive electronic communications. In order to store electronic communications on paper, you will need a printer connected to your computer. You may also store them in your offline files or in an electronic storage device. 888 SMILE AGAIN INC. is not required to provide paper copies of any electronic communications you have previously authorized.

By authorizing a payment online, and/or electronic communications, you confirm that your system meets these requirements, that you have the capability to access and download or print electronic disclosures, and that your email address is current and valid.

Forums, Chat Areas and Public Communications

“Public Communication” means any chat area, message board, email function, social networking, online posting, blog, and/or similar type of service on any website. By accessing or participating in a Public Communication after purchasing from 888 SMILE AGAIN INC., you agree that: you will comply with all of the terms and conditions stated here; you will not harass, abuse, defame or threaten 888 SMILE AGAIN INC., the company as a whole, its products, or its employees. You agree you will not make hateful or offensive statements regarding 888 SMILE AGAIN INC., the company as a whole, its products, or its employees. You agree you will not use obscene or indecent language, images or other materials to or about 888 SMILE AGAIN INC., the company as a whole, its products, or its employees. You agree you will not submit any material to 888 SMILE AGAIN INC., the company as a whole, its products, or its employees that violates the law or the rights of any third party. By providing any information, images (such as writings, videos, or photographs), or other materials to any Public Communication medium displaying or regarding 888 SMILE AGAIN INC., the company as a whole, its products, or its employees, you automatically grant us a perpetual, royalty-free, irrevocable, non-exclusive right and license to reproduce, use, publish, modify, create derivative works, publicly display or distribute any such materials in any form, medium, or technology known now or later developed as we deem fit to do so.

Contact Information

You may contact 888 SMILE AGAIN INC. via the following methods:

Physical Address

888 SMILE AGAIN INC.
871 E. Washington Blvd

2nd Floor

Pasadena, CA 91104
USA

 

Web Address

www.888smileagain.com

Corporate Phone Number

1.888.764-5324

 

Response to Requests

While 888 SMILE AGAIN INC. will use its good faith efforts to respond to Requests within the time periods indicated on this Site, no guarantee is made that the status of your Request will be made available to you within the stated processing time. Neither 888 SMILE AGAIN INC. nor its third-party affiliates are responsible for any errors or delays in responding to a Request including, without limitation, error or delays in responding to a Request caused by an incorrect e-mail address or other data provided by you or other technical problems beyond their control.

Please read carefully the following payment and refund policy issues.

Payment Policy

You agree that you are retaining 888 SMILE AGAIN INC. to complete services requested by you, and have an unqualified obligation to remit payment for those services. Once you are accepted as a client, you fully agree to waive any claims to a refund of payment.

By entering payment information, you are stating that you are an authorized user of the payment provider and that the associated information entered (account holder name, account number, billing address, etc.) is accurate.

You authorize 888 SMILE AGAIN INC. to charge the amount you have requested to the chosen method of payment.

If you have requested multiple payments or installments, then you authorize 888 SMILE AGAIN INC. to charge the amount of each invoice, installment, or further transactions and fees, to that method of payment.

You also authorize 888 SMILE AGAIN INC. to return, to your method of payment, any funds due to you by 888 SMILE AGAIN INC..

All services provided by 888 SMILE AGAIN INC. must be paid in full before production can begin on any 888 SMILE AGAIN Product.

All purchases are non-cancelable and non-refundable. Once purchased, the method of payment will be charged for the amount shown – regardless of whether or not the impression system is used.

Once a purchase is submitted, it cannot be modified by the client.

Upon sending the impression system in, clients must fill out and sign all documentation sent, make their own impressions, and present photos of their smile from the front and either side. These impressions and photos must be deemed usable by the 888 SMILE AGAIN INC. staff.

We may, on an exception basis and at the request of the client, waive one or more of the restrictions after the purchase has been made. We may, in our discretion, impose additional obligations and/or fees in connection with any such waiver. No User waiver requests will be accepted or considered prior to or as part of a Request. You agree that if your offer is accepted, 888 SMILE AGAIN INC. will confirm the purchase and charge the entire amount of the sale, including applicable fees (as described below) disclosed to you before submitting an order, to your method of payment. Your price may include, in addition to amounts paid to 888 SMILE AGAIN INC. for your purchase, compensation to 888 SMILE AGAIN INC. for our facilitation services.

Dishonored /Returned Payments / Charge Reversals

If your card issuer, payment network, or bank does not honor this payment transaction then we have the right to collect the amount from you. If – after your payment transaction is rejected by your card issuer, payment network, or bank – you do not remit the full amount owed, we may place an indefinite hold on your account, or terminate your case permanently.

We will charge an additional $35-$80 fee (or the highest amount allowed by law) for any check or other instrument (including credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason. You agree to reimburse us the fees incurred related to any NSF check or charge back, and including but not limited to: an attorney or any collection agency, which may be based on a percentage at a maximum of 33% of the debt, and all costs and expenses, including reasonable attorney’s fees, we incur in such collection efforts.

Regardless of your chosen method of payment, you are ultimately responsible for the financial commitment related to the requested service. A charge reversal does not, in itself, constitute a waiver of your responsibility to provide payment. All invoices are due no later than the date your impressions are received.

Past due invoices are considered due immediately and in full. Outstanding invoices more than 30 days old are in default and are subject to collection. We reserve the right to report outstanding debts to consumer credit agencies and to enact other methods of collection, including legal action.

Defaulting on payment is considered a breach of this agreement. In the event of default, you agree to pay any and all costs and fees associated with the collection of this debt.

Charges for Other Fees:

If you are a citizen of a country other than the United States and you purchase any of 888 SMILE AGAIN INC. products, you may owe additional taxes, duties, or tariffs to the appropriate government agencies before delivery may occur. Contact the appropriate government agency if you have questions.

In addition to the charge you have authorized, your payment issuer and network (bank, credit card, etc.) may asses their customary transaction or handling charge, if any.

Pricing Subject to Change

Prices may be changed by 888 SMILE AGAIN INC. at any time. If you do not wish to continue with an order due to a change in pricing, you are encouraged not to complete your order. By submitting your order, you are agreeing to the price listed and are not entitled to any other price.

Installment Payments

Payment options are available to select clients at the discretion of 888 SMILE AGAIN INC. When you elect to order under this plan, the final payment is due within 30 days of receiving your appliance. You may pay the total balance at any time prior to the due date. 888 SMILE AGAIN INC. will charge the credit card on file one the 30th day after your appliance was received by you.

Shipping & Handling

A shipping & handling Fee of $35 will be added to the initial payment of all orders and may not be split between payments. This fee covers shipping and processing It covers initial shipment of the impression system to the client, shipment of the impression system from the client to the lab, and shipment of the final appliance from the lab back to the client.

Product Description and Results Satisfaction

You Agree that you are retaining 888 SMILE AGAIN INC. to design a custom dental appliance based on impressions that we have not yet seen and that will be provided by you. As such we cannot and do not make any statement or promise as to the description of the final product. You therefore release any claims to the concept of receiving a ‘Product not as described”.

Furthermore, while we take measures to ensure that our web site, employees, advertising, and marketing materials – reflect accurate information in regard to our products, services, and pricing, sometimes an error can occur. We are not responsible for misrepresentations or errors found. Additionally, colors and product images often vary depending on monitor settings and screen resolutions and may not display accurately on your screen.

Chargeback Policy

Purchases will appear on your credit/debit card as “888 SMILE AGAIN INC.”. You agree not to file a credit card or debit card chargeback with regard to any order placed with 888 SMILE AGAIN INC. and instead, abide by the dispute resolution procedures presented by 888 SMILE AGAIN INC.. Every order we process for custom removable dental appliance has been requested by the client. As such, once a chargeback has been instituted, if we verify a system has been shipped and was received by the client, that chargeback is considered fraudulent and will be handled as such. Filing a chargeback with your financial institution places an immediate and indefinite hold on your account and all work associated with your order(s). All chargebacks are answered with these terms and conditions you have agreed to.

Regardless of the decision rendered by the determining party (the credit card issuing bank, the credit card processor, Visa, MasterCard etc.) your chargeback does not relinquish you of your unqualified responsibility to pay your bill owed to us.

Filing a chargeback is considered a breach of this agreement. Regardless of the outcome of a chargeback, once filed, a chargeback causes undue harm to 888 SMILE AGAIN INC. and their ability to conduct business. you agree to pay liquidated damages in the amount of $4,500.00 – or all costs and fees necessary to repair and/or protect 888 SMILE AGAIN INC.’s reputation, including but not limited to investigation, response, and representation related to this action, whichever is greater.

Refund Policy

888 SMILE AGAIN INC. has developed and strictly adheres to the following refund policy for 888 SMILE AGAIN Product. We appreciate the fact that you have chosen us to design your 888 SMILE AGAIN Product and value you as our client.

We begin working on your 888 SMILE AGAIN Product the moment we process your impression system, once this process begins there are no cancellations and no refunds unless authorized by 888 SMILE AGAIN INC. except where prohibited by law. Completing an order is a large expense and is cumulative the longer we work on your case. For this reason, we ask that you e-mail support@888smileagin.com as soon as possible with any issues. You will be notified via e-mail if any further information or action is needed on your part. Requesting a chargeback, filing a complaint with any website/company not controlled by 888 SMILE AGAIN INC. or threatening legal action will result in the case immediately being considered “Not in Compliance” and all impressions will be discarded regardless of any intention to continue with the purchase. Be sure that you do not want 888 SMILE AGAIN Product before you take any of these actions. If a refund is desired due to financial restraints, alternative payment options can be arranged with a Client Services Representative.

Every effort is made by 888 SMILE AGAIN INC. to fully explain the process to you before you purchase. By hiring us to create custom removable dental appliance, you are asking us to invest valuable time, materials, equipment, and labor. While it is not common for a client to change their mind, the rare instance dictates that we do not refund any payment due to a decision change.

All requests or complaints must be submitted in writing to support@888smileagain.com. It will be necessary for you to provide detailed and accurate requests or complaints. At this time a 888 SMILE AGAIN INC. Representative will attempt to respond to the those needs in a positive way to correct any issues.

Where no cancellations and no refunds are prohibited by law, a handling and transactions fee of 20% of the full retail price of the 888 SMILE AGAIN Product is applied (please note shipping & processing will not be refunded).

 

Shipping Policy

Please review and verify your shipping address on all orders. We are not responsible for orders that do not arrive because an incorrect shipping address was provided.

All initial impression systems are sent to the client by United States Postal Service (USPS) Priority Mail with Tracking.

Once the client receives the initial impression system, it is the responsibility of the client to make the impressions of their smile and send the system back to 888 SMILE AGAIN INC. in an envelope provided (postage paid in the United States only).

After the 888 SMILE AGAIN Product are completed, client should receive an email with tracking information for their final delivery.

Tracking information will sometimes show that your package has been delivered, but you haven’t yet received it.

  • If you don’t receive the package within the next few business days:
  • See if someone else accepted delivery.
  • Look around the delivery location.
  • Look for a notice of attempted delivery.
  • Contact the United States Postal Service (USPS)

Occasionally initial and final deliveries are returned to us as undeliverable. When the carrier returns an undeliverable package to us, a representative will contact you when possible to verify the delivery address before it is re-shipped.

Orders that are returned to us as undeliverable are not able to be re-shipped until the delivery address is verified by you.

If you suspect your order cannot be delivered as addressed and a representative has not contacted you after 4 weeks from the estimated delivery date, please contact Client Services.

Reasons for Undeliverable Packages

There are many reasons that a package may be returned to us as undeliverable.

Address is a P.O. Box.

We do not ship to P.O. Boxes, all orders must be shipped to a street address.

Incorrect Address.

If the address is incorrect or outdated, the package is typically returned to us by the United States Postal Service (USPS) or the unintended recipient.

Carrier Does Not Deliver to the Address.

The United States Postal Service (USPS) does not deliver to some addresses and will be returned as a result. For a full list of shipping restrictions at a specific address, please contact the DOS facilities staff at that location or review the DOS restrictions beginning on page 26 here: http://www.state.gov/documents/organization/88704.pdf Address Format.

Failed Delivery Attempts.

Usually the United States Postal Service (USPS) makes three attempts to deliver a package. After three attempts, the package will be returned to us.

Damaged During Transit.

If a package is damaged on its way to you, the shipper may return it to us without attempting delivery.

Refused by Recipient.

If a recipient is not expecting a package, they may refuse it if they believe it was sent to them in error.

Cancellation and Return Policy

We make allowances for you to cancel your order without incurring any charges within the first 24 hours unless an impression system has already been shipped. After 24 hours, or after an impression system has shipped, you can return the unused impression system for a refund, minus a 20% cancellation / restocking fee.

If you wish to return your order for a repair or adjustment, please notify us in writing at support@888smileagain.com and request a Return Merchandise Authorization (RMA) number. Please include a detailed description of adjustments or repairs you are requesting, complete with pictures and/or video documenting any issues.

Where no cancellations and no refunds are prohibited by law, return orders may be subject to a 20% handling and transactions fee of the full retail price of the 888 SMILE AGAIN Product and the 3-way processing amount will not be refunded. Buyers are responsible for all return shipping costs.

If the return is due to an error by 888 SMILE AGAIN INC., the handling and transactions fee may be waived and shipping charges may be refunded.

All returns must be accompanied with a Return Merchandise Authorization (RMA) number. Returns which are incomplete or missing components may be subject to an Incomplete Return charge.

 

Photo Submission Requirements

You understand and agree that you are required to submit useable photos of your teeth (from nose to chin, high resolution, well-lit, in focus, displaying all ‘smile teeth’ and a full gum-line) in order for us to perform our work. Without these photos, your case is Not in Compliance. We reserve the right to stop work any case until photos have been submitted. You may be required to submit new photos, if, in our sole discretion, they are deemed to be unusable for any reason.

Payment by Check

By paying by check, you authorize the Check Processor, to clear and process Checking information transmitted by you electronically through e-commerce (online shopping cart), email, phone, or chat to fund payments. You agree that you will only transmit images of Checks to the Check Processor

  • A “Check” includes:
  • Personal and business checks;
  • S. Treasury checks;
  • You will not transmit any Check information without prior authorization that:
  • has not been authorized by the owner/administrator of the bank account;
  • is prohibited by, or received in violation of, any law, rule or regulation;
  • you know or suspect (or should know or suspect) is fraudulent or otherwise not authorized by the owner of the bank account on which the check is drawn;
  • you know or suspect (or should know or suspect) will result in Non-Sufficient Funds (NSF);
  • is a U.S. Savings Bond, money order, cashier’s check, or travelers check;
  • is irregular in any way (such as bearing false or inaccurate account data);
  • has not been authorized by all owners/administrators on the account the check is drawn; or
  • is drawn on a financial institution that is located outside of the United States

You agree that by transmitting checking information electronically through e-commerce (online shopping cart), email, phone, or chat you agree it constitutes a legal signature of agreement as per the Uniform Electronic Transactions Act (“UETA”). Once transmitted a Check is an “Item” within the meaning of Article 4 of the Uniform Commercial Code.

You agree you will verify that the funds associated with the Check have been paid by your financial institution to MSC Development.

The Check Processor will transfer the funds related to any Checking information you submit no more than 7 Business Days from the date you submit the information, unless the Checking information does not comply with the requirements above, or is returned unpaid by the bank that it is drawn against. If 888 SMILE AGAIN INC. begins processing your order, and the Check is subsequently returned unpaid for any reason, a hold will be placed on your order until full payment is received by 888 SMILE AGAIN INC. or MSC Development. MSC Development and the Check Processor have the right to refuse any Check transaction submitted by you. MSC Development and the Check Processor may limit the amount and number of Checks that you may submit at MSC Development and the Check Processor’s discretion.

If your Account is restricted after you submit information to the Check Processor, a hold will be placed on your order until you resolve the restriction on your Account.

Client Consent

I understand that 888 SMILE AGAIN Product is specifically designed as a cosmetic device. I understand that its sole purpose is to enhance the appearance of my smile. I understand that 888 SMILE AGAIN Product only replaces the appearance of smile issues. If I have a need that exceeds the appearance of my smile, I agree that I am not a suitable candidate for the 888 SMILE AGAIN Product device, as it is not suitable for any other use. I understand that 888 SMILE AGAIN INC. does not employ dental professionals, only design lab professionals. I understand that 888 SMILE AGAIN Product do not repair or replace teeth, and they are not designed for chewing or eating. I understand that while the materials used for this process frequently appear safe, infrequent side effects can occur. Tooth and gum sensitivity or soreness is the most common side effect. Soft tissue irritation can also occur. If I experience these or other adverse symptoms, I agree to stop using the 888 SMILE AGAIN Product, and consult my treating dentist or doctor. If I have any known chemical sensitivity or allergic reactions to any common ingredients I will be sure to inform 888 SMILE AGAIN INC. directly prior to placing my order.

Standard Limited Warranty Information

The standard warranty offered with purchase covers any defects in materials or workmanship with Removable Veneers or Flexible Partials or Night Guard or Invisible Retainer for ninety (90) days from the date the client receives the product.

Warranty covers:

888 SMILE AGAIN INC. will repair or replace a Removable Veneer or Flexible Partial or Night Guard or Invisible Retainer that proves to be defective in materials or workmanship. In all replacement cases, a new appliance will need to be manufactured from a new impression.

If your appliance become damaged during the warranty period, and the conditions set forth in this warranty have been met and no exclusion applies, you can contact 888 SMILE AGAIN INC. at 1.888.764.5324 to request a Return Merchandise Authorization (RMA) Number.

There will be no handling charge for warranty work for the first 30 days of the warranty period. During this initial 30 day period, there will be no charge for repair or replacement, which does not include shipping charges. After 30 days but before 90 days, there will be a $35 handling fee (US dollars) for all warranty claims, which does not include shipping charges. No standard warranty claims will be honored after 90 days.

Conditions that must be met for warranty to apply:

  • To obtain warranty service, Clients will need a Return Authorization Number from 888 SMILE AGAIN INC.. This can be obtained by calling 1.888.764.5324, or by emailing orders@888smileagain.com. If emailing, please provide a description of the problem.
  • If the client purchased the Appliance directly from 888 SMILE AGAIN INC. on credit terms, payments must be current to receive warranty service.
  • Warranty does not cover:
  • Refunds are not covered under this warranty. No refund will be made after the client order is received.
  • Changing shade from the original shade. No shade change will be made in any warranty claim for any reason.
  • Modifying the smile from the original cosmetic dental veneer.
  • Damage or defects resulting from accident, neglect, abuse, failure of supportive tooth or tissue structures, improper insertion, improper adjustments, or improper oral hygiene.
  • Claims regarding lost or stolen appliance. All appliance must be returned to receive warranty service.
  • Incidental or consequential damages, exemplary damages, including inconvenience, lost wages or pain and suffering.
  • Claims resulting from modifications made by the client to the cosmetic dental veneer.
  • Any other fees not covered unless specifically approved in writing in advance by 888 SMILE AGAIN INC.

All warranty terms and conditions are subject to change without notice. Please visit 888 SMILE AGAIN INC. to receive the latest applicable terms and conditions for warranty and redo issues.

Investigation Authorization, Account Acceptance and Reporting

You authorize us to investigate your background, by obtaining consumer credit reports, civic records, employment history and by making direct inquiries of businesses where you have accounts. We may request a consumer report from consumer reporting agencies in considering your application for our services. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected on your credit report. If you believe that we have reported inaccurate information to a consumer reporting agency, write us at the Customer Service address listed in this document and we will investigate the matter.

Account Suspension / Termination

We reserve the right to suspend or terminate your account if at any time we determine that your case does not meet our current selection criteria. Furthermore- If, in our sole discretion, we believe that you are in breach of this agreement or are acting inconsistently with the letter or spirit of this agreement, we reserve the right to suspend or terminate your account and all jobs/cases associated with it. In such a case, no portion of your payment will be refunded. We also reserve the right to suspend or terminate your account for any reason, other than a breach of this agreement.

888 SMILE AGAIN INC. also reserves the right to alter the price of your transaction if it is determined that your case is not in alignment with our typical requirements. At this time you will be granted a refund if requested. If you desire to continue with the process, any and all additional payments must be paid in full before the case can proceed through the process.

If your account is suspended or terminated, you agree to hold 888 SMILE AGAIN INC. blameless, regardless of circumstance.

Limited & Qualified Disparagement Agreement        

You agree that you will not, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its directors, officers, Affiliates, subsidiaries, employees, agents or representatives (collectively, the “Company Representatives”) – without first ensuring that the communication in question meets the following criteria:

  1. it is true and complete
  2. it clearly divulges and all details with regard to your failure to comply with the policies and procedures set forth in these terms and conditions
  3. it does not harass, abuse, defame, threaten, make hateful or offensive statements about the company or company representatives
  4. it includes the following quote:
    “Before purchasing, I was told that the final product would depend greatly on the quality of impressions I would provide – that I was partially responsible for the appliance I would receive. I was fully informed of the ‘no cancelations’ and ‘no refunds’ policies. Despite these disclaimers, I still chose to retain 888 SMILE AGAIN INC. to design my appliance. Even at the time of this posting, and as long as my case remains in compliance, 888 SMILE AGAIN INC. is still ready and willing to work with me to achieve the smile I desire. I have chosen to forgo their offer to satisfy me as a client and instead, air my grievances publicly.”

 

You further agree that any information, images (such as videos or photographs), or other materials published to any Public or Private Communication medium displaying or regarding 888 SMILE AGAIN INC., its products, or its employees, will automatically be granted use to 888 SMILE AGAIN INC. in a perpetual, royalty-free, irrevocable, non-exclusive right and license to reproduce, use, publish, modify, create derivative works, publicly display or distribute any such materials in any form, medium, or technology known now or later developed.

BREACH OF CONTRACT

The terms and conditions stated here serve as a final and binding agreement between 888 SMILE AGAIN INC. and you, the client. You agree to these terms and in return, 888 SMILE AGAIN INC. offers you discounted pricing on its dental appliances or more commonly referred to as 888 SMILE AGAIN INC. products. In the event of a breach of this contract, including the failure to meet payment obligations, you agree to pay to 888 SMILE AGAIN INC. any costs associated with collection of payment due or removal from any Public Communication medium any harassing, abusive, defamatory, threatening, hateful or offensive statements about, obscene or indecent language about, or images or other materials that violates the law regarding 888 SMILE AGAIN INC., its products, or its employees caused by you; including but not limited to: collection fees, attorney costs, court costs, and any associated labor wages.

CLIENT CONSENT

  1. I hereby request and authorize 888 SMILE AGAIN INC. (Appearing on my credit card statement as “888 SMILE AGAIN INC.) and whomever they may designate as their assistant(s), to build and perform (from an impression that I take myself) a custom dental appliance made for cosmetic appearance only.

 

  1. I, on behalf of myself and my heirs, executors and administrators hereby release any and all claims, rights, liabilities and causes of action, known or unknown, that I may have against the above 888 SMILE AGAIN INC. and his/her staff as well as Bonifate Dental Lab and its officers, directors, employees, successors and assigns arising from or related to the manufacture, supply, development and installation of a custom made cosmetic dental veneer known as the 888 SMILE AGAIN Product for my smile and any other procedure(s) that the Zirkon Dental Lab performs in connection therewith.
  2. I authorize the performance of additional procedures and changes of planned procedures if, in the judgment of “888 SMILE AGAIN INC.“, this will be necessary to improve my safety and the results contemplated by the procedure.

 

  1. I agree to fully comply with all requirements of the 888 SMILE AGAIN INC. I understand that this is a dual responsibility and agree that I am equally responsible for the outcome of my appliance. I understand that the appliance will be made larger than my current teeth to fit over my existing teeth. I understand that, although unusual, unexpected complications or less than desired results can occur. I understand 888 SMILE AGAIN INC. is strictly making my 888 SMILE AGAIN Product to fit the model of the impression(s) I provided and that I may not be satisfied with the final result. Further, I agree to use the provided Adhesive which should be used as needed to correct fit issues. I agree I will clean and dry my appliance before applying the Adhesive. I understand that if I have sensitive gums, a mild tingling or burning sensation may be felt occasionally.

 

  1. I understand that this process may take between 30 and 90 business days (or more) from the date usable impressions are received and requires me to return two (2) impressions of my top and/or two (2) impressions of my bottom arch along with three(3) separate digital photos of my smile and gums from the front, right, and left profile views before the lab process can start. I understand Impression systems must be used within 30 days of receipt. Any system not used within 30 days of receipt must be replaced before usable impressions can be made. I understand that 888 SMILE AGAIN INC. does not guarantee any delivery date and is not sensitive to my life events.

 

  1. I understand that excellent home care techniques, using a variety of aids, may add considerably to the successful outcome of my cosmetic smile device, and I understand it will be important for me to follow the home care instructions very carefully. I also understand that the 888 SMILE AGAIN Product is to be removed before sleeping for my personal safety as well as to extend the life of the product.

 

  1. I understand that since this cosmetic dental veneer is built to fit the impressions I supply and requires care and maintenance, and that the manufacturer cannot control my actions, I AGREE to INDEMNIFY AND HOLD HARMLESS the manufacturer and its dealers for any damages which result from your use or misuse of this cosmetic dental veneer. I also understand that this cosmetic dental veneer is designed solely as a cosmetic contrivance, and are not designed to repair or replace teeth nor should they be used in chewing or eating. I accept responsibility for any use and, hereby, waive right to claim loss or damage from its use.

 

  1. I understand that if I have selected Smile Express, I am paying for 888 SMILE AGAIN INC. to make their best effort to ship my 888 SMILE AGAIN Product within 12-14 business days of their lab receiving usable impressions. I also understand that if the impressions I send are not suitable, I must make impressions again and send them in, which extends the processing time another 12-14 business days of their lab receiving usable impressions before my 888 SMILE AGAIN Product are shipped.

 

  1. I understand that effort will be made to make my smile appear as straight as possible with 888 SMILE AGAIN Product, but because of the existing position of my natural smile, which are not in perfect alignment, there is no results satisfaction guarantee that this can be accomplished. In addition, I understand that all purchases are non-cancelable and non-refundable, except where prohibited by law, and that price I am paying is to have my Dental Appliance designed around my smile based on the impressions I send. I also understand that the 888 SMILE AGAIN Product will add bulk to my smile and that I will need to get used to the addition of the 888 SMILE AGAIN Product to my smile. By signing this informed consent form, I am confirming that I have read the above prior to my online agreement signature and understand this document and the proposed work in full, including its possible risks, complications, and benefits, and that I consent to, and authorize 888 SMILE AGAIN INC. to proceed with shipping my order and with, the necessary lab work as proposed, I understand that by placing my order I am ultimately responsible for all payment(s) and assume all other cost related to any collections cost.

 

  1. I agree that by accessing or participating in a Public Communication after purchasing from 888 SMILE AGAIN INC., I will comply with all of the terms and conditions stated here; I will not harass, abuse, defame, threaten, make hateful or offensive statements to or about, use obscene or indecent language to or about, or submit images or other materials that violates the law to 888 SMILE AGAIN INC., its products, or its employees. I also agree that I will not harass, abuse, defame, threaten, make hateful or offensive statements to or about, use obscene or indecent language to or about 888 SMILE AGAIN INC., its products, or its employees to any Public Communication Medium. By providing any information, images (such as videos or photographs), or other materials to any Public Communication medium displaying or regarding 888 SMILE AGAIN INC., its products, or its employees, I automatically grant 888 SMILE AGAIN INC. a perpetual, royalty-free, irrevocable, non-exclusive right and license to reproduce, use, publish, modify, create derivative works, publicly display or distribute any such materials in any form, medium, or technology known now or later developed.

 

  1. Jurisdiction of this Agreement is governed by and shall be construed in accordance with the laws of the State of California. The Parties agree to submit to the exclusive jurisdiction of the courts in the county of Los Angeles. for all purposes relating to this Agreement.

 

  1. I agree that by transmitting checking information electronically through e-commerce (online shopping cart), email, phone, or chat you agree it constitutes a legal signature of agreement and authorization for payment as per the Uniform Electronic Transactions Act (“UETA”). By signing, I agree to all aforementioned guidelines for Payment by Check.

 

  1. I understand that by submitting an order electronically through e-commerce (online shopping cart), email, phone, or chat, I agree that either by submitting my assent through a check box, typing, or speaking authorization for a payment transaction, it constitutes a legal signature of agreement and authorization for payment as per the Uniform Electronic Transactions Act (“UETA”) and that 888 SMILE AGAIN INC. and I are contractually bound to all terms and conditions listed above.

 

Acknowledgment and Modifications

This agreement represents the entire understanding between you and the Company regarding your relationship to 888 SMILE AGAIN INC. and supersedes any prior statements or representations, whether written, verbal or otherwise. YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

888 SMILE AGAIN INC. reserves the right to modify the present terms and conditions at any time without any prior notice to you. It is your responsibility to check the website for any changes and modifications to the present terms and conditions. By continuing to work with 888 SMILE AGAIN INC. you agree to be legally bound and to abide by the amended terms.

Severability

If any term or other provision of these Terms and Conditions are deemed by a final court of competent jurisdiction to be invalid, illegal, or incapable of being enforced by any rule of law, or public policy, all other terms, conditions and provisions of these Terms and Conditions shall nevertheless remain in full force and effect to the maximum extent permitted by law. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the court shall modify only the affected term, condition or provision to effect the original intent of the parties as closely as possible so that the contemplated transactions are fulfilled and the Company and its Affiliates are protected to the greatest extent possible.

Lost Discount

You agree that your accepted as a client as well as the discounted price you have been offered are conditional upon your agreement to these terms and conditions. As such, in the event that you are found in breach of this agreement, 888 SMILE AGAIN INC. reserves the right to revoke your discount and charge you the full suggested retail price of $1,500.00 / per arch (as based on a national average for similar services.)