Last Updated: June 15, 2022
Welcome to Confident Smiles LLC
These terms and conditions (these “Terms and Conditions”) outline the rules and regulations for the use of Confident Smiles LLC's website located at www.sipify.me, an its subdomains (this “Website”). By accessing this Website, you accept these terms and conditions. Do not continue to use www.sipify.me if you do not accept all of these Terms and Conditions.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website subject to these Terms and Conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to Confident Smiles LLC, a Massachusetts limited liability company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the Commonwealth of Massachusetts, USA. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Use of the Website is limited to persons who are eighteen (18) years of age or older. The Website is not directed to persons under the age of 18 and the policy of We do not knowingly collect any personal information from persons under the age of 18. If you are under the age of 18, you should leave the Website without providing any information about yourself. Any access to or use of the Website by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Website or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Website and this Agreement. By using the Website or Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Products, Content and Specifications.
All features, content, specifications, products, and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We make commercially reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available for purchase at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
We warrant our product against defects in materials and workmanship as follows:
- Replaceable silicone cover: 6 months
- Stainless steel straw (excluding silicone cover): 12 months.
We, at our sole option, will repair or replace your product if it should fail within the above warranty period due to defects in materials and workmanship. For warranty questions or service, please contact our warranty department at email@example.com
Your Account Information, Password and Security
In the course of your use of the Website, we may ask you for certain information, including your name, email address, phone number, mailing address, billing address, shipping address, and payment card information (collectively, “Account Information”). If you open an account or commence any transaction of business at or on the Website, you may be required to complete the registration process by providing certain additional information and registering a username and password. Your Account Information must be up-to-date and accurate at all times. Should your information change, you must update it in your user profile. You agree that you are solely responsible for the accuracy and content of your Account Information. You are further responsible for maintaining the confidentiality of your username and password and also for all activities that take place under your username and/or account. You agree to: (a) immediately notify us of any unauthorized use of your username, password and/or account, or any other breach of security; and (b) ensure that you log out of your account at the end of each Website session. Consistent with and without limiting the scope of provisions limiting liability elsewhere in this Agreement, in no event will We be liable for any indirect or consequential loss or damage of any kind whatsoever resulting from the disclosure of your username and/or password or your failure to comply with this section. You may not use another person’s username or account at any time without the express permission of the account holder. We reserve the right to deny registration of any account at our discretion and to terminate your access to all or any part of the Website and Services if you provide inaccurate, false or misleading information in connection with your account.
Transactions on the Website
You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export. We reserve the right to refuse any order you place with us in violation of this section or this Agreement. For example, we reserve the right to limit or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or unauthorized distributors or wholesalers. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per payment method, per billing and/or shipping address or per order. In the event we modify or cancel an order, we will attempt to notify you by using the e-mail, billing address or phone number provided at the time the order was placed.
All payments will be processed through a third party payment processing service (e.g. Shopify). We may replace our third party payment processing service without notice to you.
Items sold on this Website may be subject to sales tax. Prior to submitting your order, you will see an estimate of the tax to be collected. The amount of tax actually charged on your order will depend on various factors, including the items purchased, customization and the shipment destination.
When an order is placed, it will ship to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
Privacy and Cookies
Use of this Website; License
This Website, including its design, text, graphics, content visual material, and all information contained on this Website ("Information"), is copyrighted, and protected by worldwide copyright laws and treaty provisions. The Information the Company authorizes you to view and download copies of this Information only for your personal, non-commercial use, subject to the following conditions: (1) you must retain, on all copies of the Information downloaded, all copyright and other proprietary notices contained in such Information; (2) you may not modify the Information in any way, reproduce, publicly display, distribute, or otherwise use such Information for any public or commercial purpose; and (3) you must not transfer the Information to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time. Except as expressly provided herein, the Company does not grant any express or implied right or license to you under any patents, design patents, trademarks, copyrights, or trade secret information. You may access this Website for your own personal use subjected to restrictions set in these terms and conditions.
You agree that you will not:
- Republish material from this Website;
- Sell, rent or sub-license material from this Website;
- Reproduce, duplicate, or copy material from this Website;
- Redistribute content from this Website;
- use any robot, spider, webcrawler, scraper, deep link or similar automated extraction or data gathering mechanism, program or tool to access, copy or monitor this Website or any portion thereof without our prior written consent;
- post or transmit any file or email which contains viruses, worms, Trojan horses or any other damaging or destructive elements; and
- otherwise access this Website through unauthorized means, including, but not limited to, by using an automated device, script, bot, spider, crawler, scraper or through any interface not provided by us
Parts of this Website offer an opportunity for users to post and exchange opinions, advice, statements, testimonials, reviews, and information in certain areas of this Website (“Comments”). We do not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of the Company, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions, and should not necessarily be relied upon. To the extent permitted by applicable laws, We shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this Website.
Sipify reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so,
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party,
- The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy,
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant the Company a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
The following organizations may link to our website without prior written approval:
- Government agencies.
- Search engines.
- News organizations.
Online directory distributors may link to our website in the same manner as they hyperlink to the Websites of other listed businesses; and System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site. These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly known consumer and/or business information sources,
- dot.com community sites; associations or other groups representing charities,
- online directory distributors; internet portals; accounting, law, and consulting firms, and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Sipify; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Confident Smiles LLC (firstname.lastname@example.org). Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Our logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be held responsible for any content that appears on your website. You agree to protect and defend us against all claims arising from or related to your website. No link(s) should appear on any website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to this Website. You approve to immediately remove all links to this Website upon request. We also reserve the right to amend these Terms and Conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on this Website that is offensive for any reason, you are free to contact and inform us at any time. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on this Website is kept up to date.
Professional and Medical Advice Disclaimer
Any information provided on the Website, including product descriptions and instructions, is for informational purposes only. Use of the Website or any information provided to You is not meant to serve as a substitute for professional or medical advice. We make no representations, warranties or health related claims on the Website. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. Unless expressly stated, no products on this Website are intended diagnose, cure, treat, or prevent diseases.
You hereby agree to defend, indemnify and hold us and our subsidiaries, affiliates, officers, members, stockholders, co-branders, and employees, consultant and agents harmless from any claim or demand (including reimbursing us any reasonable attorneys’ fees incurred by us in the defense of any such claim or demand), made by any third party due to or arising out of Comments you submit, post, transmit, store or otherwise make available through this Website, your infringement of any intellectual property rights, your use of this Website, your connection to this Website, your purchase of products or services through this Website, your violation of these Terms and Conditions, or your violation of any rights of another. We retain the right to retain counsel of our choosing in our sole discretion. Furthermore, you must cooperate in good faith to assist us in our defense and any settlement negotiations related thereto, and to reimburse us for reasonable settlement amounts, if any.
YOUR USE OF THIS WEBSITE AND ALL RELATED SERVICES, INCLUDING ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU OR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION OR OTHER DATA AND DOCUMENTS WHICH ARE REFERENCED BY, LINKED TO OR PROVIDED BY OR THROUGH THIS WEBSITE AND ALL RELATED SERVICES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE WILL NOT BE LIABLE FOR AND MAKE NO WARRANTY THAT (i) THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THIS WEBSITE OR ANY SOFTWARE THAT WE USE IN OFFERING THIS WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Limitation of Liability; Release
WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM or as a result of your use of THIS WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEBSITE OR ANY SERVICES OFFERED THROUGH THIS WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, as long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge us from and against, and covenant not to sue us or any party associated with us for, all claims you have or may have arising out of or in any way related to these terms. If you are a California resident, you hereby waive your rights under California Civil Code 1542, which states “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Website (or any part thereof) with or without notice to you. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Website. We may also revise these Terms and Conditions at any time, and therefore we suggest that you check these Terms and Conditions from time to time. Your continued access or use of these Terms and Conditions indicates your agreement to be bound by any such changes.
These Terms and Conditions constitutes the entire agreement between both of us and governs your use of this Website, superseding any prior agreements between both of us with respect to this Website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third party content, or third-party software.
Choice of Law and Forum
These Terms and Conditions and the relationship between both of us shall be exclusively governed by the laws of the United States and the Commonwealth of Massachusetts without regard to its conflict of law provisions. Your exclusive forum for bringing any claim or cause of action against us is the courts located in Boston, Massachusetts. You hereby accept and submit to the personal and exclusive jurisdiction of such courts in any proceeding or action. With respect to any such proceeding or action brought in such courts, you hereby irrevocably waive, to the fullest extent permitted by law: (a) any objection you may have now or in the future to such jurisdiction or venue, and (b) any claim that such action or proceeding has been brought in an inconvenient form. Nothing limits our right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or any other form of relief.
Notwithstanding anything herein, if we elect in our sole discretion to resolve any claim through arbitration, you must cooperate fully with and be bound by such arbitration, without further recourse of any kind. The American Arbitration Association (“AAA”) shall preside over such arbitration. Such arbitration shall be exclusively governed by the laws of the United States and the Commonwealth of Massachusetts without regard to its conflict of law provisions. All proceedings shall take place in Boston, Massachusetts. If there is a conflict between the rules of the AAA and any provision of this TOS, this TOS shall govern. You are responsible for all costs that you incur in the arbitration, including without limitation, expert witnesses or attorneys. The reasonable filing fees and arbitrator’s costs and expenses shall be advanced by us. However, if the arbitration is decided in our favor, you must reimburse us for all of our fees, costs, and expenses related to the arbitration, including without limitation, all fees, costs, and expenses related to filing, arbitrators, expert witnesses, attorneys, and other third parties.
Waiver and Severability of Terms
We do not waive our rights by delaying or failing to exercise them at any time. If any provision of these Terms and Conditions shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal governmental agency, the validity or enforceability of any other provision of these Terms and Conditions shall not be affected, and the other provisions of these Terms and Conditions remain in full force and effect.
No Third Party Beneficiaries
Except as otherwise expressly provided in these Terms and Conditions, there shall be no third party beneficiaries to these Terms and Conditions.
No Right of Survivorship and Non-Transferability
Your right of access to this Website is non-transferable and any rights to information we store with respect to your usage terminates upon your death or dissolution.
Statute of Limitations
Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
Claims of Copyright and Trademark Infringement
If you believe that your intellectual property is being used on this Website in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on is Website;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to our Designated Agent, whose contact information is as follows:
Attention: Privacy & Security
Confident Smiles LLC
398 Columbus Ave #508
Boston, MA 02116
Call (617) 942-0363
Email us at email@example.com
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims. Any information or correspondence that you provide may be shared with third parties, including the person who provided the allegedly infringing material. Upon receipt of a bona fide infringement notification by the Designated Agent, we will remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to this Website.
If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information:
- Identification of the copyrighted work that was removed, and the location on this Website where it would have been found prior to its removal;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.