Terms and Conditions

1. INTRODUCTION

These Terms and Conditions (“Terms”) outline your rights and obligations when using the services of Precision Smile in a Snap, including its subsidiaries, successors, and assigns (collectively, “Smile in a Snap”), and the website smileinasnap.com along with any related products, services, and mobile applications (collectively, the “Services”). References to “Smile in a Snap,” “the Site,” “We,” and “Us” encompass our subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns, as well as any authorized or unauthorized users or beneficiaries of services or products under these Terms or previous agreements between us. By accessing or using the Site, you agree to be bound by these Terms and all other operating rules, policies, and procedures that we may publish on the Site, including our Privacy Policy, which is incorporated by reference and may be updated from time to time without notice. Your continued use of the Site indicates your acceptance of these Terms. Please read these Terms carefully and contact us if you have any questions. MANDATORY ARBITRATION CLAUSE: This agreement includes a mandatory arbitration clause (Section 13) which requires you to submit any claims to binding individual arbitration, rather than proceeding in court. This also includes a class action waiver, requiring you to proceed with any claim individually. By using this Site, you agree to arbitrate any disputes on an individual basis unless you opt out by following the procedures described below (Section 13.7). By entering into this agreement, you acknowledge that you have read and understand all terms of the arbitration agreement and have considered the consequences of this important decision.

2. ELIGIBILITY

To use the Site, you must be at least 18 years old. If you are under the age of majority in your state (a minor), a parent or legal guardian must agree to these Terms on your behalf, and you may only use the Site with their permission. By using the Site, you represent and warrant that (a) the information you provide during registration is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Site does not violate any laws or regulations. We may terminate and delete your account without warning if we believe you are under 18 and have misrepresented your age.

3. MODIFICATION AND TERMINATION

Smile in a Snap reserves the right to modify or discontinue any part of the Site at any time and to offer opportunities to some or all users. Changes to these Terms will be effective immediately upon posting. Your continued use of the Site indicates acceptance of the current Terms. We also reserve the right to terminate your account or use of the Site without notice if you violate any of these Terms or for any other reason. Upon termination, your right to use the Site will cease immediately, but provisions intended to survive termination will remain in effect.

4. SHIPPING & PROCESSING

When you order Smile in a Snap, you will receive an at-home impression kit. Please return your impressions within 30 days. Our designers will evaluate your impressions to ensure they are sufficient to create well-fitting veneers. If they are not, we will send another kit with additional guidance. Orders typically ship within two weeks after we receive your impressions. For more information about our warranty and cancellation policy, please contact us.

5. PRODUCT INFORMATION

Smile in a Snap products are cosmetic in nature and not intended to diagnose or treat any medical or dental condition. We do not provide professional dental advice or treatment. If you have questions about the suitability of our products or experience any adverse symptoms, please consult a dentist or medical professional. We strive to accurately display product colors, but actual colors may vary depending on your monitor or device. We do not guarantee the accuracy or completeness of any information on the Site, including product descriptions, pricing, or availability. We reserve the right to correct any errors or omissions and to update information at any time without prior notice. If you wish to cancel your order after such corrections, please contact us immediately.

6. TRANSACTIONS

We reserve the right to refuse or cancel any order and to limit quantities per account, payment method, or address. We may prohibit purchases for resale without prior consent. If you wish to purchase a product or service, you may be asked to provide payment and shipping information. You represent that you have the legal right to use the payment methods provided. By submitting your payment information, you authorize us to share it with third parties to facilitate your transaction. Customers are encouraged to use our refund process if they have any issues. Chargebacks without lawful reason may result in suspension of your account and ineligibility for future purchases.

7. SITE CONTENTS

All content on the Site, including text, graphics, logos, images, audio, video, data, and software, is the property of Smile in a Snap or its licensors and is protected by copyright, trademark, and other laws. The arrangement and assembly of all content on the Site are the exclusive property of Smile in a Snap. All rights are reserved.

8. LICENSE AND ACCESS

Smile in a Snap grants you a limited license to access and use the Site and its content for personal, noncommercial purposes, provided you do not modify the content, remove any copyright or trademark notices, or violate these Terms. Commercial use of the Site or its content is prohibited.

9. UNLAWFUL OR PROHIBITED USES

The Site may only be used for lawful purposes.

You may not:
• Make commercial use of the Site or its content.
• Download, copy, or transmit any content for the benefit of another merchant.
• Use any unauthorized tools or devices to navigate or search the Site.
• Frame or mirror the Site without prior written consent.
• Use data extraction tools or create databases by systematically downloading or storing Site content.
• Misrepresent your identity or affiliation.
• Conduct fraudulent activities.
• Violate the security of the Site.
• Send unauthorized emails or advertisements.
• Interfere with the Site’s functionality.
• Defame, abuse, or harass others.
• Collect personally identifiable information without consent.
• Restrict others’ use of the Site.
• Advertise or offer to sell goods or services without consent.
• Reproduce or exploit any part of the Site for commercial purposes.
• Modify, reverse engineer, or disassemble any part of the Site.
• Remove any copyright or trademark notices.

10. USER REVIEWS, COMMENTS & SUBMISSIONS

We welcome your reviews, comments, and other content (“User Content”), provided it complies with these Terms. User Content must be accurate and not violate any laws, third-party rights, or contain harmful material. You grant us a perpetual, irrevocable, royalty-free license to use, display, and distribute your User Content. We may monitor, alter, or remove User Content at our discretion and are not responsible for third-party content on the Site.

11. PROMOTIONS AND SPECIAL OFFERS

We may offer special promotions that are subject to specific rules separate from these Terms. If there is a conflict between promotion rules and these Terms, the promotion rules will apply.

12. TEXT MESSAGING (“SMS”) TERMS OF USE

By participating in our SMS service for order updates and marketing messages, you agree to these Terms and our Privacy Policy. You must be at least 18 years old to enroll. By opting into the Service, you authorize us to send text messages to your mobile number. You may opt out at any time by following the procedures outlined in our SMS terms.

13.1 AGREEMENT TO BINDING ARBITRATION

At Smile in a Snap, we value you as a customer and encourage you to explore our product offerings at smileinasnap.com. By agreeing to these Terms, you commit to engaging in good faith negotiations with us regarding any issues or disputes. If we cannot resolve your issue or dispute within 30 days of receiving your written notice, you agree to the arbitration procedures described below. Prior to initiating arbitration, you must first allow us the opportunity to resolve your issue. This requires you to send a detailed written description of your problem or dispute to us, including any pertinent information or representations related to our products. You can contact our Support services at 863-438-2109 or mail your written description to 3393 US 17-92 W, Haines City, FL 33844; Attn: General Counsel. By accepting these Terms, you agree to resolve any claims against Smile in a Snap on an individual basis through arbitration, as detailed in Section 13. Both you and Smile in a Snap agree that any disputes, including those involving third-party agents of Smile in a Snap, will be resolved through binding and final arbitration, not in court, except for claims that may qualify for small claims court. This encompasses any dispute related to any part of these Terms or your use of Smile in a Snap’s services or products. Disputes will be submitted to the American Arbitration Association (“AAA”) for individual arbitration in the county of your billing address (or another mutually agreed location) before one arbitrator. The arbitration will follow the AAA's Consumer Arbitration Rules and Procedures, as modified by this agreement. The arbitrator has exclusive authority to resolve any disputes concerning the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including claims that all or part of this agreement is void or voidable. The arbitrator will also address all threshold arbitrability issues, such as whether the Terms are unconscionable or illusory and any defenses to arbitration, including waiver, delay, laches, or estoppel. By consenting to individual arbitration, you waive your right to pursue other resolution processes, such as court action or administrative proceedings, to settle disputes or claims. Arbitration rules differ from court rules. There is no judge or jury, and although review is limited, an arbitrator can award the same damages and relief on an individual basis as a court and must enforce the same limitations stated in these Terms. Notwithstanding the above, either party may bring an individual action in small claims court and seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.

13.2 NO CLASS ACTION

You and Smile in a Snap agree that any dispute resolution proceedings will be conducted solely on an individual basis and not as a class, consolidated, or representative action. This means that you and Smile in a Snap agree to arbitrate in our individual capacities only, not as a class representative or class member, or in any private attorney general capacity. The arbitrator may not consolidate more than one person’s claims or preside over any form of a representative or class proceeding.

13.3 RULES AND GOVERNING LAW

The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. Despite any choice of law provision in the Terms, the parties agree that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement. The parties intend for the FAA and AAA Rules to preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules do not apply to any issue under this Arbitration Agreement or its enforcement, the issue will be resolved under New York state law, without regard to its conflict of laws provisions, and the parties consent to the exclusive jurisdiction and venue of courts in New York for disputes arising out of or related to the use of the Site.

13.4 ARBITRATION PROCESS

To initiate arbitration, submit a Demand for Arbitration, which includes the names, addresses, and phone numbers of the parties involved; a description of the dispute; and a brief statement of the relief sought. The AAA provides a Demand for Arbitration form on its website, or you can contact the AAA at 800-778-7879. Make four copies of the Demand for Arbitration: keep one for your records, send one to us by certified mail at Notice of Dispute, 3393 US 17-92 W, Haines City, FL 33844; Attn: General Counsel, and send two copies to the AAA. Include a copy of the Site’s arbitration provision (available on our website) and the appropriate AAA filing fee. We will reimburse the fee if your claims are for less than $75,000. If you cannot pay the AAA filing fee, notify us in writing, and we will arrange to pay it directly if your claims are for less than $75,000. The filing fee is currently $200, but the AAA may change it. For the current fee, consult the AAA's rules or call 800-778-7879. If your claim is for $10,000 or less, you may choose arbitration based on documents, a telephonic hearing, or an in-person hearing under the AAA Rules. For claims over $10,000, the AAA Rules determine the right to a hearing.

13.5 ARBITRATOR'S DECISION

Within 14 days from the conclusion of the hearing or submission of all written evidence, the arbitrator will render a written decision. The arbitrator will issue a reasoned written decision explaining the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court with jurisdiction. This clause does not prevent the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. An arbitrator’s decision is final and binding on all parties.

13.6 FEES

For claims of $100,000 or less, Smile in a Snap will pay all filing, administration, and arbitrator fees unless the arbitrator finds your claim frivolous. For claims over $100,000, you will be responsible for these fees. Smile in a Snap waives its right to seek attorneys’ fees and costs in arbitration.

13.7 OPT-OUT PROCEDURE APPLICABLE TO ALL CONSUMERS

You can decline this arbitration agreement by emailing us at smileinasnap@gmail.com with the following information: (1) Your Name; (2) the URL of the Terms of Service; (3) Your Address; (4) Your Phone Number; and (5) a clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after you first accept these Terms of Service.