Updated on: 7 January 2021

Agreement Between User and THE DARBY FOUNDATION/SMILES FOR KIDS

The smilesforkids.us Web site is operated by THE DARBY FOUNDATION/SMILES FOR KIDS

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

Modification of These Terms of Use

THE DARBY FOUNDATION/SMILES FOR KIDS reserves the right to change the terms, conditions, and notices under which the smilesforkids.us Web site is offered, including but not limited to the charges associated with the use of the smilesforkids.us Web site.

Refunds on Purchases/Donations

Due to the nature of fundraising and the low margin model of quickly printing and shipping cards to kids and families, THE DARBY FOUNDATION/SMILES FOR KIDS reserves the right to not give refunds on donations—either one-time payments or recurring payments—nor for any products that are purchased to raise funds for our cause. This applies to fees or products ordered on the website or offline via cash or check payments. Any product that has not been customized, altered, worn, or otherwise used may be exchanged within 14 days for a similar item. The payer of any ongoing membership subscriptions may request to cancel their subscription at any time without further penalty and without further charges providing at least 48 hours of notice before the recurring payment is due to be charged. Approved refunds that were transacted online may be subject to a fee—up to 3.2%—depending on the refund and fee policies of our payment processor. Our provider currently provides a 100% refund of transaction fees which will be returned to the customer if this policy is still in place at the time of the approved refund.

Links to Third Party Sites

The smilesforkids.us Web site may contain links to other Web sites (“Linked sites”). The Linked sites are not under the control of THE DARBY FOUNDATION/SMILES FOR KIDS and THE DARBY FOUNDATION/SMILES FOR KIDS 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. THE DARBY FOUNDATION/SMILES FOR KIDS is not responsible for webcasting or any other form of transmission received from any Linked site. THE DARBY FOUNDATION/SMILES FOR KIDS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by THE DARBY FOUNDATION/SMILES FOR KIDS of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the THE DARBY FOUNDATION/SMILES FOR KIDS Web site, you warrant to THE DARBY FOUNDATION/SMILES FOR KIDS that you will not use the smilesforkids.us Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the smilesforkids.us Web site in any manner which could damage, disable, overburden, or impair the smilesforkids.us Web site or interfere with any other party’s use of the smilesforkids.us Web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the smilesforkids.us Web sites.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE smilesforkids.us WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE DARBY FOUNDATION/SMILES FOR KIDS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE smilesforkids.us WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE smilesforkids.us WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE DARBY FOUNDATION/SMILES FOR KIDS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE smilesforkids.us WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE DARBY FOUNDATION/SMILES FOR KIDS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DARBY FOUNDATION/SMILES FOR KIDS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE smilesforkids.us WEB SITE, WITH THE DELAY OR INABILITY TO USE THE smilesforkids.us WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE smilesforkids.us WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE smilesforkids.us WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE DARBY FOUNDATION/SMILES FOR KIDS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE smilesforkids.us WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE smilesforkids.us WEB SITE.

SERVICE CONTACT: inquiry@smilesforkids.us

Termination/Access Restriction

THE DARBY FOUNDATION/SMILES FOR KIDS reserves the right, in its sole discretion, to terminate your access to the smilesforkids.us Web site without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Boulder County, Colorado, U.S.A. in all disputes arising out of or relating to the use of the smilesforkids.us Web site. Use of the smilesforkids.us Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and THE DARBY FOUNDATION/SMILES FOR KIDS as a result of this agreement or use of the smilesforkids.us Web site. THE DARBY FOUNDATION/SMILES FOR KIDS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of THE DARBY FOUNDATION/SMILES FOR KIDS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the smilesforkids.us Web site or information provided to or gathered by THE DARBY FOUNDATION/SMILES FOR KIDS 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 THE DARBY FOUNDATION/SMILES FOR KIDS with respect to the smilesforkids.us Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and THE DARBY FOUNDATION/SMILES FOR KIDS with respect to the smilesforkids.us Web 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 drawn up in English.

Copyright and Trademark Notices:

All contents of the smilesforkids.us Web site are Copyright ©2020-2021 THE DARBY FOUNDATION/SMILES FOR KIDS and/or its suppliers. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.