Legal

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 of use ("Terms of Use"). By accessing and browsing this web site as well as GO SMILE's other web sites (including GOSMILETV.com, collectively "GOSMILE.com"), you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access this web site.

Your Account

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.

Product Descriptions

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 Payment

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.

Copyright

All web site design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all software is Copyright (c) 2006 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.

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.

Trademarks

GO SMILE, SmileBeauty, GO SMILE AM, GO SMILE PM, GO SMILE AM/PM, On The Go, Smileceuticals, Formula B1, Tooth Whitening On the Go, The Smile Beauty Company, GOSMILE.com, GOSMILETV.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 of Use 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.

Disclaimer

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.

Applicable Law

This site is created and controlled by GO SMILE in the State of New York, U.S.A. As such, the laws of the State of New York will govern these Terms of Use, without giving effect to any principles or conflicts of laws.

Disputes

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 New York, New York, 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 New York (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 of Use.

Our Address

GO SMILE Direct, LLC
Attn: Legal Department
110 East 42nd Street
Suite 1100
New York, NY 10017

Product Information

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.

Privacy Policy

This Privacy Policy covers any personal information that GO SMILE obtains from you when you use services on our site. This policy does not cover the practices of companies that GO SMILE does not own or control, or the actions of people that GO SMILE does not employ or manage.

Our Privacy Policy may change in the future. We invite you to check back periodically to see if we have made any changes.

By using this site, you agree to the terms of our policy. For more information about the terms of use for this site, please scroll up.

What Personal Information is Collected

Depending on how you use GOSMILE.com, we may ask you to share personal information with us. Whether you choose to give GO SMILE information is completely up to you, but keep in mind that if you withhold information, you may not be able to use some of our services.

When Personal Information is Collected

GO SMILE will ask you for information, including some personal information, if you use certain of our services, including (but not limited to) one of the following services:

* registered user to visit GOSMILE.com's web pages. But, you will have to register if you want to place orders or make full use of our services.

* Making a purchase. When you buy something on GOSMILE.com, you have to supply a billing address, phone number, shipping address, and credit card information. By making a purchase, you become a registered user of GOSMILE.com. You can choose to store information needed to make a purchase, such as your credit card number, shipping and billing addresses in the My Account - Profile page. If you change your mind about storing this information, you can amend or delete it by going to the relevant area of the My Account-Profile page and following the instructions. You can access this section using your registration password.

* Sweepstakes, Contests and Surveys. If you enter a sweepstakes or contest, or answer a survey, you will become a registered user (if you aren't one already). We may also ask you for some demographic information, such as your age. If you choose not to answer, you probably will not be able to participate in the sweepstakes, contest or survey.

How GO SMILE Protects Your Information

We realize that our customers trust us to protect their personal information. We take that task seriously. We maintain physical, electronic and procedural safeguards to protect your personal information. For example:

We use industry-standard 128 bit Secure Sockets Layer ("SSL") authentication to help protect the confidentiality of online transactions made on our site. SSL authentication and encryption of the information that you send to us over the Internet help protect your online transaction information from third party interception.

* We never display your full credit card number once it has been entered. We will only reveal the last four digits of your credit card for verification purposes.

* We urge you to protect your own privacy. We recommend that you do not share your password with anyone or share your password in an unsolicited phone call or e-mail.

Unfortunately, despite all of our efforts, there is always a risk that third parties may unlawfully intercept transmissions or hack into our systems. This reality is true of all Internet use. As a result, we cannot ensure the security of any information you transmit, and you transmit all information at your own risk.

How GO SMILE Uses Your Personal Information

GO SMILE collects personal information primarily to make our services more rewarding for you to use. We usually use this information for internal purposes, such as studying our customers' preferences. We may also use your information to contact you for account and promotional purposes, both on behalf of GO SMILE and our business partners. We may also contact you for research purposes, to provide various updates and for other business reasons.

In the event that another company buys the assets or stock of GOSMILE.com, your personal information may then be transferred to and belong to another entity.

How to Avoid Receiving Newsletters and Other GOSMILE.com Materials

We use e-mail addresses to send out newsletters and other announcements with information about GOSMILE.com's new products, gifts and special features. When you register, you can choose not to receive these announcements by opting-out of delivery. If you receive an e-mail and want to avoid further messages, look at the end of the e-mail for instructions on how to remove yourself from the mailing list. You can also edit your e-mail preferences at GOSMILE.com's My Account - Profile. We also give you the option to remove your information from our database completely. If you no longer wish to take advantage of this site or to receive any form of direct contact from us, whether it is email, discounts, newsletters, or other promotional offers or materials, or wish us to delete your personal information from our data records, contact us at support@GOSMILE.com or call us at 800.877.6949 to cancel your account. GO SMILE is not responsible for removing information from third-party lists or databases of any kind.

Please note that we reserve the right to keep any personal or non-personal information submitted or collected until you delete or modify it or until we choose, for business reasons such as obsolescence, to delete it.

Who Views Your Personal Information

GO SMILE may share your personal information with our affiliates as well as companies that perform services for us, such as fulfilling orders, delivering packages, sending postal mail and e-mails, analyzing customer data, providing marketing assistance, processing credit card payments, investigating fraudulent activity, conducting audits, conducting customer surveys and other research, and providing customer service. They have access to personal information needed to perform their functions, but may not disclose your personally identifiable information for other purposes.

Some personal information is stored on servers owned by other companies. Only GO SMILE has the right to access this information.

In some cases, we may collect non-personal information. Examples of this type of information include the type of internet browser you are using, the type of computer operating system application software, and peripherals you are using and the domain name of the web site from which you linked to our site. We use your information on an aggregated basis to do such things as operate our site, enhance our site and sell and deliver advertising. We may share non-personal information with third parties for advertising, promotional and other purposes.

Information obtained through this site may be used in conjunction with information obtained through sources other than the site, including both offline and online sources.

Personal Information may be Disclosed if Required by Law

Before selling or licensing your personal information in any manner that is not specified in this Privacy Policy, we will post a notice in this Privacy Policy.

GO SMILE's Use of Web Beacons

We have included web beacons on some of our web pages. GO SMILE uses web beacons to transfer data (such as purchase and site usage history). GO SMILE may provide this data to companies that assist GO SMILE in data research and analysis. The analysis and research helps GO SMILE to determine customer preferences and improve GO SMILE's offerings. GO SMILE may also rely upon third parties to assist with the use and implementation of the web beacons.

* Definition of web beacon: A web beacon, sometimes called a pixel, is a graphic image or small string of code, that is included on web pages or in an email to enable the transfer of data. Web beacons can be used by companies for several purposes such as reporting web site traffic, customer preferences, advertising effectiveness, and general auditing.

Making a Purchase

When you buy something on GOSMILE.com, you have to supply a billing address, phone number, shipping address, and credit card information. By making a purchase, you become a registered user of GOSMILE.com. You can choose to store information needed to make a purchase, such as your credit card number, shipping and billing addresses in the My Account - Profile page. If you change your mind about storing this information, you can amend or delete it by going to the relevant area of the My Account-Profile page and following the instructions. You can access this section using your registration password.

Children Under 13

You can look at our site, but you cannot make a purchase. You also cannot become a registered user, or use any service that asks for personal information. Our site is not designed for children. We do not wish to collect personal information from children under 13.

This policy is designed to protect children. Federal law requires us to take special steps to safeguard children's privacy. If you register with us and we discover that you are under 13, we will delete your registration. If you are under 13 and want to make a purchase, please ask a parent to place the order for you.

Cookies on GOSMILE.com

We collect some anonymous information about how you use the site by setting and accessing cookies on your computer. These cookies track information such as how often you visit our web site, what pages you view, and where you go after you leave the site. The cookies track your computer, not you. They are not connected to any personal information about you.

At times, some of the advertisers on our site and their ad service providers set cookies when you click their advertising banners. While we use cookies in other parts of the site (as discussed above), cookies received with banner ads are collected by those advertisers and their ad service providers, and we do not have access to that information. The ad company's privacy policy and/or that of its service provider will govern the use of this information and GO SMILE is not responsible for the privacy practices of such ad company.

Reviewing or changing your information

In order to ensure that the information we maintain is accurate, GO SMILE gives users the option to change or modify their information previously provided. If you would like to change your information currently in our database, please contact us at support@GOSMILE.com GO SMILE is not responsible for updating information contained in third-party lists or databases.

Your Consent

By using this site, you also authorize the export of personal information to the USA and its storage and use as specified above when you provide such information to us. Our headquarters is in the USA in New York. This policy and our legal obligations are subject to the laws of New York State and the USA, regardless of the location of any user. Any claims or complaints must be filed in the USA in the State of New York.

Questions About This Policy

If you have any questions about this Privacy Policy, or the content or practices of our web site, you can contact GO SMILE directly at: www.GOSMILE.com or 1-888-7-SMILES

GO SMILE Direct, LLC
Legal Department
110 E 42nd Street
New York, NY 10017

Policy last updated: 2006
Effective Date
This Privacy Policy is effective as of May 1, 2006.

Return by Mail

We'll gladly accept returns for any GOSMILE.com products upon receiving your items within 30 days of the PURCHASE date. PLEASE NOTE THAT THIS RETURN POLICY APPLIES ONLY TO PURCHASES MADE ON THIS WEB SITE AND THROUGH TV OFFERS. PURCHASES MADE ELSEWHERE WILL BE SUBJECT TO THE RETURN POLICY OF THE APPLICABLE RETAILER. To ensure a timely refund to your account, please return the item immediately upon deciding that you do not want the product. Return shipping and handling are at the customer's expense. We regret that we do not refund original shipping costs with the return. Please follow the simple instructions below:

1. Place the item you purchased in its original packaging. You must include the original product packaging as well as any unused product with your return.

2. Fully and completely fill out the Return Form attached to the back of your packing slip. Return Forms that are not filled out properly may delay the processing of your return. Fill out the reason for your return in the "return reason number" defined on the back of the packing slip. Include this form inside the box.

3. Ship your product in its original packaging to the address listed on your packing slip. You may ship your product using any reputable common carrier though please note that all return shipping charges are at your expense.

If you wish to expedite your return, please contact Customer Service prior to shipment. We will pre-process your return and issue you a return number. Please write the return number in the upper right-hand corner of the Return Form, next to your order number.

If you have lost your packing slip, mail your return to:

GO SMILE Direct, LLC
Customer Service Returns Department
2050 Elmwood Avenue
Sharon Hill, PA 19079
Return Refunds and Credits

We'll issue you a full refund to your credit card for the price of any item that you return if your return is received by us within 30 days of the PURCHASE date. You will not receive a refund on shipping and handling fees.

It takes up to 30 business days to process the return and credit your account, or to issue an online store credit if you are a gift recipient. We will notify you via e-mail once your return has been processed. Please note that your financial institution will likely take approximately seven business days to reflect this transaction. If you have any questions about your return, please contact Customer Service.