Terms And Condition

Website Terms and Conditions of Use

Last updated: October 15, 2021

AGREEMENT BETWEEN USER AND Park West Dental Associates P.A. d/b/a Smiles by Hogan.

Park West Dental Associates P.A. provides our Website visitors with access to its content, resources, and tools for communication, public forums, commerce platforms, and other services through its network of Websites at SmilesByHogan.com (the “Website”). Park West Dental Associates P.A. provides its service to the user and all visitors, subject to the following Terms of Use.

The Website is comprised of various Web pages owned and operated by Park West Dental Associates P.A., and its subsidiaries (together, “Company”).

The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices.

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION.  THIS PROVISION REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.  THIS PROVISION ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.  BY USING THIS WEBSITE AND/OR REQUESTING TO BE CONTACTED BY EMAIL, TELEPHONE OR OTHER VOICE COMMUNICATION YOU EXPRESSLY AGREE TO THE TERMS OF THE INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION CONTAINED HEREIN.

Conditions of Use

THESE TERMS AND CONDITIONS OF USE APPLY TO ALL MATERIALS, ONLINE COMMUNICATIONS, AND OTHER INFORMATION AND MATERIALS THAT ARE OR BECOME AVAILABLE ON OR THROUGH THE WEBSITE (COLLECTIVELY, THE “MATERIAL”). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THE WEBSITE, YOU SPECIFICALLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND YOU SPECIFICALLY AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO EACH OF THE PROVISIONS CONTAINED HEREIN. THESE TERMS AND CONDITIONS MAY BE REVISED AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND.

THESE TERMS AND CONDITIONS OF USE FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO ANY OR ALL OF THE PROVISIONS FOUND IN THESE TERMS AND CONDITIONS OF USE, PLEASE IMMEDIATELY EXIT THE WEBSITE. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF OR ACCESS TO THE WEBSITE OR YOUR ACCOUNT AT ANY TIME FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, IF WE LEARN THAT YOU HAVE VIOLATED THESE TERMS AND CONDITIONS OF USE.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE MATERIAL PROVIDED ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE, ANY USE OF THE WEBSITE AND ANY WEBSITE TO WHICH THE WEBSITE IS LINKED. COMPANY DOES NOT WARRANT THAT THE MATERIAL ON THE WEBSITE IS COMPLETE OR ACCURATE, THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS WEBSITE OR SERVER OR ANY MATERIAL ON THIS WEBSITE IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED).

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

A “DISABLING DEVICE” IS DEFINED AS ANY SOFTWARE, DOCUMENT, MESSAGE OR OTHER MATERIAL WHICH CONTAINS A COMPUTER VIRUS, WORM, TROJAN HORSE, TIME-BOMB OR OTHER HARMFUL DEVICE WHICH MAY ERASE, SCRAMBLE, LOCK OR DISABLE COMPUTER SOFTWARE OR EQUIPMENT OR MAY PREVENT USERS FROM USING A WEBSITE OR ANY OTHER ITEM OF HARDWARE OR SOFTWARE.

Limitations on Authority

WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE, ERRORS OR OMISSIONS SOMETIMES OCCUR.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS OFFICERS, EMPLOYEES, CONTRACTORS, DIRECTORS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE, OR THE MATERIAL, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE MATERIAL, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

YOU (AND NOT COMPANY OR ITS PARENTS OR AFFILIATES) SOLELY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE WEBSITE AND/OR ITS CONTENTS.

Third Party Content

Company may publish content supplied by third parties on its Website. Any statements, comments, opinions, advice, suggestions, offers, images, illustrations, or other information made available by third parties is solely those of the respective contributor(s) and author(s) and in no way reflect those of the Company.

Links to Third Party Sites

The Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company 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. Company is not responsible for webcasting, or any other form of transmission received from any Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.

Hyperlinking to Our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other Website information so long as the link:

  • is not in any way misleading;
  • does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
  • fits within the context of the linking party’s site.

We may consider and approve in our sole discretion other link requests from the following types of organizations:

  • commonly known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
  • .com community sites; associations or other groups representing charities, including charity giving sites, online directory distributors;
  • internet portals; accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations.

We will approve link requests from these organizations if we determine that:

  • the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
  • the benefit to us from the visibility associated with the hyperlink outweighs the absence of; and
  • where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Website information so long as the link:

  • is not in any way misleading;
  • does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
  • fits within the context of the linking party’s site.

If you are among the organizations listed above and are interested in linking to our Website, you must notify us by sending us a message through the contact form located on this Website. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) 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 URL(s) on our site to which you would like to link. Allow 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 (Web address) being linked to; or
  • By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Company’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames and Embeds

Without prior approval and express written permission from Company, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Website.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.

Removal of Links from Our Website

If you find any link on our Website or any linked Website objectionable for any reason, you may contact us about this using the form on the contact page of this Website. We will consider all requests to remove links but will have no obligation to do so or to respond directly to you.

We endeavor to ensure that the information on this Website is correct, however, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up to date.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to Company that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

Legal Jurisdictions Only

The services described on the Website are only for persons in those states and jurisdictions where such services may legally be sold. Those who choose to access this Website do so at their own initiative and are responsible for compliance with local laws. Some services may not be available in all jurisdictions and nothing on the Website shall be considered a solicitation to buy or an offer to sell any services to any person in any jurisdiction where such offer, solicitation, purchase, or sale would otherwise be unlawful.

Locality

Company manages and controls the Website from its offices located in South Carolina (United States of America). Company makes no representation that the Information or other materials in the Website are appropriate or available for use in other locations. If you choose to access the Website outside of the state of South Carolina through your own initiative, to the extent the local laws in the geographic region in which you are located are applicable to your access of and activities on the Website you are responsible for compliance with such local laws.

Ownership of Information

If you send us any creative materials, such as comments, testimonials, reviews, suggestions, ideas, concepts, drawings, pictures, or other materials (collectively, the “Submissions”), you agree that the Submissions shall be deemed, and shall remain, the property of Company. None of the Submissions shall be subject to any obligation of confidentiality on the part of Company, and Company shall not be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, Company shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial, or otherwise, without compensation to the provider of the Submissions.

Copyright and Trademark Notices

All Material included on the Website, except third party content as referenced above, is the property of Company and is protected by United States and international copyright laws. No portion of the Material on the Website may be reprinted or republished in any form without the express written permission of Company or, with respect to third party content, its respective owner. You may download Material from the Website for your own personal, non-commercial use only, provided you do not modify the Material and keep intact all copyright and other proprietary notices. You may not further distribute or display such Material for any purpose. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon.

Certain of the names, logos, and other materials displayed on the Website may constitute trademarks, tradenames, service marks or logos (“Marks”) of Company or third parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith, with the exception of the third party Marks, remains with Company and are protected by United States and international trademark laws. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any of the Marks displayed on the Website. Your use of the Marks displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited. All Marks not owned by Company that appear on the Website are the property of their respective owners.

Copyright Infringement Policy

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Company will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Website has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:

  • a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed, or the person authorized to act on behalf of the owner;
  • identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
  • identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
  • information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
  • a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
  • a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

Designated Agent – Copyright Infringement Claims

The Company’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Park West Dental Associates P.A.

3405 Salterbeck St.
STE 100
Mount Pleasant, SC 29466

ATTN: Designated Agent – Copyright Infringement Claims

Phone: (843) 216-0908
Email: office@smilesbyhogan.com

Authorization/Consent for Methods and Recording of Communications

By using this website to request we contact you by email, phone or text message, you provide your authorization and express consent for us, our agents, representatives, affiliates, marketing associates and/or outside service providers to communicate with you (including using auto-dialers, automated text and pre-recorded messages) via your telephone, cellphone, mobile device (including SMS and MMS) and email, even if your telephone number is currently listed on any state, federal or company’s Do Not Call list. Standard phone and data charges will apply. Your consent to the above terms is not required as a condition of purchasing or receiving our services.

You also consent to the monitoring and/or recording of all calls to and from us. This also confirms

that private information about you may be transmitted over the Internet and that you accept the risk that such data may be accessed by someone other than the intended recipient. You further agree that we shall not be liable for any damages incurred as a result of any interception by a third party of an e-mail transmission sent by us pursuant to this authorization. The above authorizations may be revoked by you at any time, but they shall remain in effect until you notify us in writing at the address shown on the Contact Us Page of this Website that this authorization is revoked. This section shall survive the termination of this Agreement by either party.

Individual Binding Arbitration of Disputes, Class Action Waiver and Jury Trial Waiver

In the event of a dispute between you and Company regarding these Terms of Use, Privacy Policy, Website or goods or services purchased through this website, you and Company first agree to provide notice to the other party in writing within 30 days of the dispute setting forth the name, address and contact information of the party providing the notice of dispute, the facts of the dispute and the requested relief.  You and Company will try to resolve the dispute within 30 days of the receipt of notice of the dispute through informal negotiation.  If you and Company are unable to resolve the dispute through negotiation, you agree that disputes shall be resolved through individual binding arbitration, and you waive your right to resolve disputes through the courts, provided you may bring your claims before small claims court should your claim qualify.

ALL CLAIMS ARISING FROM DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PRIVATE ATTORNEY GENERAL ACTION, PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER ALSO APPLIES TO CLAIMS BROUGHT AS A CLASS ARBITRATION.

You agree that any disputes or claims not resolved through negotiation between you and Company, including Company’s successors and assigns and our Affiliates, third party subcontractors and/or agents, arising out of or relating to the Site, these Terms of Service or the services to be provided thereunder (whether based in contract, tort, statute, fraud, equitable relief, misrepresentation or any other legal theory including state and federal statutory claims), at the option of either party, shall be resolved exclusively by neutral binding arbitration conducted before a single arbitrator and administered by Judicial Arbitration and Mediation Services, Inc. (JAMS) pursuant to its Streamlined Arbitration Rules & Procedures, which may be viewed at www.jamsadr.com or by calling JAMS customer service at 800-352-5267.

Alternatively, if for any reason JAMS is not available or cannot administer a dispute or claim between us, the claim or dispute shall be resolved by a single arbitrator and administered by the American Arbitration Association (“AAA”). See www.adr.org for additional information regarding the AAA. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.

The arbitrator shall be selected in accordance with the applicable arbitration forum’s rules. The arbitration hearing shall be conducted in Charleston, South Carolina. In all arbitrations, each party will bear its own expenses, unless allocated differently in the discretion of the arbitrator. The parties and their respective successors and assigns retain the right to seek provisional remedies from a court, pending final determination of the dispute by the arbitrator.

If any part of this arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the balance of this arbitration clause shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. If the entire arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the remaining terms of this Agreement shall remain in full force and effect, including the waiver of the right to proceed in a class action.

Miscellaneous

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of South Carolina, United States of America, without giving effect to any principles of choice of law or conflicts of law that would require the application of the laws of a jurisdiction other than the State of South Carolina. Venue for all disputes will be the Federal and State courts located in Charleston County, South Carolina. If any provision of these Terms and Conditions of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

Indemnification

You agree to indemnify, defend and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, managers and other partners, employees, consultants, contractors and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from (1) any information you (or anyone accessing the your computer) submit through the Website, (2) your violation of these Terms and Conditions of Use or applicable law, (3) your (or anyone using your account/computer/device) violation of any rights of any other person or entity, or (4) any Disabling Device or other similar harmful or deleterious programming routines input by you into the Website.

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 and disclaimers may not apply to you. To the extent that Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Termination

You agree that Company, in its sole discretion, may terminate your access to the Website without prior notice, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use. FURTHER, YOU AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE. The provisions of these Terms and Conditions of Use shall survive any termination of your access to the Website, Material or Software.

Violations of Terms and Conditions of Use

Company reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions of Use, including the right to block access from a particular Internet address to the Website, and irreparable harm will be presumed by any violation of these Terms and Conditions of Use.