Terms and Conditions
Agreement between User and www.smile-365.com
Welcome to www.smile-365.com. The www.smile-365.com website (the “Site”) is comprised of various web pages operated by Hatcher & Frey Orthodontics LLC (“Hatcher & Frey Orthodontics”). www.smile-365.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.smile-365.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.smile-365.com is an E-Commerce Site.
Our website is owned by Hatcher & Frey Orthodontics, and is used for the purpose of educating the public about our orthodontic and whitening services, as well as providing resources and products for the oral health and health category. Products sold include Premium Whitening Kits, oral healthcare such as flossers and toothbrushes, as well as add-ons to treatment like Retainers for Life and Accelerated Orthodontic products.
Visiting www.smile-365.com or sending emails to Hatcher & Frey Orthodontics constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Hatcher & Frey Orthodontics collects personally identifiable information from or about children under the age of thirteen. Hatcher & Frey Orthodontics collects this information for the following reason(s): On our website, we collect general information related to patient scheduling including name, phone number, age, type of consult requested and general concerns. All remaining information is collected after the patient (or responsible party, legal guardian) is contacted to schedule their appointment via secure HIPAA-compliant forms and applications.
If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use www.smile-365.com only with permission of a parent or guardian.
Cancellations and refunds are subject to management approval and terms of your treatment contract. Please reach out to our team at 757-488-6080 should you need to inquire about a cancellation or refund related to a product or service.
Links to Third Party Sites/Third Party Services
www.smile-365.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Hatcher & Frey Orthodontics and Hatcher & Frey Orthodontics is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hatcher & Frey Orthodontics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hatcher & Frey Orthodontics of the site or any association with its operators. Certain services made available via www.smile-365.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.smile365.com domain, you hereby acknowledge and consent that Hatcher & Frey Orthodontics may share such information and data with any third party with whom Hatcher & Frey Orthodontics has a contractual relationship to provide the requested product, service or functionality on behalf of www.smile-365.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
The Service is controlled, operated and administered by Hatcher & Frey Orthodontics from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Hatcher & Frey Orthodontics Content accessed through www.smile-365.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Hatcher & Frey Orthodontics, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Hatcher & Frey Orthodontics reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hatcher & Frey Orthodontics in asserting any available defenses.
Hatcher & Frey Orthodontics reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hatcher & Frey Orthodontics as a result of this agreement or use of the Site. Hatcher & Frey Orthodontics performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hatcher & Frey Orthodontics right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Hatcher & Frey Orthodontics with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hatcher & Frey Orthodontics with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hatcher & Frey Orthodontics with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Hatcher & Frey Orthodontics reserves the right, in its sole discretion, to change the Terms under which www.smile-365.com is offered. The most current version of the Terms will supersede all previous versions. Hatcher & Frey Orthodontics encourages you to periodically review the Terms to stay informed of our updates.
Hatcher & Frey Orthodontics welcomes your questions or comments regarding the Terms: Hatcher & Frey Orthodontics LLC
3253 Taylor Road, Ste. 100
Chesapeake, Virginia 23321
Email Address: email@example.com
Telephone number: 757-488-6080
Effective as of November 12, 2021