Terms & Conditions

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Last updated: September 09 2026

REVIVED SMILES, INC.

Terms and Conditions

Thank you for becoming a customer of Revived Smiles, Inc. ("Revived Smiles," "we," "us," or "our"). Our goal is to ensure complete satisfaction by providing you with a revived smile for a fraction of the cost.

1.  Acceptance of These Terms

These Terms and Conditions (this "Agreement" or these "Terms") govern your use of Revivedsmiles.com (the "Site") and the shopping and other services offered on the Site (the "Services"). By using the Site, registering for an account, or purchasing any product or Service, you agree to comply with these Terms. If you cannot agree to and comply with these Terms, please do not use the Services and exit the Site.

Our Return & Refund Policy, Custom-Made Appliance Warranty, Privacy Notice, and Mobile Terms of Service (Section 26) are incorporated into these Terms by reference.

You agree to provide accurate and complete registration, order, and health information. We rely on the accuracy of the information you provide in connection with any Services we perform, including your impressions. Failure to adhere to these Terms may result in the suspension or termination of your access to the Services and the Site as described in Section 17.

2.  Eligibility

Age requirement. The Site and Services are intended for adults. By accessing or using the Site or purchasing any product or Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement.

Purchases on behalf of a minor. We do not collect the date of birth of the person who will use an appliance. If you purchase a product for a person under the age of 18, you represent and warrant that you are that person's parent or legal guardian, or that you have the consent of their parent or legal guardian, that you accept these Terms on that person's behalf, and that you assume full responsibility for the minor's use of the product, including adult supervision and compliance with all instructions and warnings. Purchases made on behalf of minors are made at the purchaser's sole risk and responsibility.

Verification. We reserve the right to request information or documentation to verify age, eligibility, or authority at any time, and to refuse, cancel, or suspend orders or access if we reasonably believe these requirements are not met. You are solely responsible for any actions, activities, and consequences arising from your use of the Site and Services, whether on your own behalf or on behalf of another person, and, to the fullest extent permitted by applicable law, Revived Smiles shall not be held liable for any claims, damages, losses, or liabilities resulting from your failure to meet these eligibility requirements or from unauthorized use of the Site and Services.

3.  Our Services

3.1  What we provide. Revived Smiles is a direct-to-consumer dental appliance company. We make and sell custom-made dental appliances — including partial dentures, veneers, retainers, and nightguards — fabricated from impressions you take at home using our impression kits, along with related products and accessories. Each appliance is made to your individual anatomy from the impressions and information you submit. Our appliances are removable and are designed to be retained by your existing teeth and oral tissues. They are not attached to, and are not designed for use with, dental implants, and they do not involve preparation, reshaping, or alteration of your natural teeth.

3.2  Not a dental practice. Revived Smiles, Inc., its affiliates, subsidiaries, licensees, and assigns are not licensed providers of dentistry or medicine in any state, are not a dental practice, and do not provide dental or medical advice, diagnosis, or treatment. Where required or appropriate, cases are reviewed by licensed dentists ("Partner Dentists"), either through a third-party tele-dental company that maintains its own network of licensed dentists or through our own network of licensed dentists. Partner Dentists may review, approve, prescribe, modify, or confirm tele-dental appliance treatment. In all cases, Partner Dentists are independent licensed professionals responsible for the professional services they provide and are not employees of Revived Smiles.

3.3  Clinical review and candidacy. Where your order requires clinical review, a Partner Dentist licensed in your state will review the records you submit and determine whether you are a candidate. A Partner Dentist may request additional records — including dental radiographs, periodontal charting, or an in-person evaluation — before making that determination, and may decline your case, condition it on treatment you obtain elsewhere, or recommend that you seek in-person care instead. If a Partner Dentist recommends against proceeding and you nonetheless elect to continue, we may require you to sign an additional written consent and release before we will fabricate or ship your appliance, and we may decline to proceed in our discretion. Refunds in connection with a declined or discontinued case are governed by our Return & Refund Policy.

3.4  What our appliances are intended to do. Our appliances are intended to improve the appearance, comfort, function, and confidence of your smile — for example, by replacing the visual appearance of missing teeth, providing a chewing surface, and supporting clearer speech. They are not intended to diagnose, treat, cure, or prevent any disease or dental condition. Our partial dentures are intended as a removable, non-surgical option and are not a permanent or definitive restoration; they do not stop or reverse bone loss, gum disease, tooth decay, or the underlying causes of tooth loss, and they are not a replacement for implants, fixed bridges, or dentist-fabricated prosthetics. The clinical outcome of any dental appliance varies from person to person, and no specific result can be guaranteed.

3.5  Who should not use our appliances. Our appliances are most likely to perform well when your remaining teeth and gums are healthy. You should not begin treatment, and should obtain in-person dental care first, if you have loose teeth, untreated decay, active infection or abscess, untreated or advanced gum disease, loose or failing fillings, crowns, or bridges, unexplained pain in your teeth or jaw, or sores or lesions in your mouth. Our appliances are not designed for use with dental implants, may not be suitable if you have certain existing restorations such as bridges, and cannot address full-arch tooth loss or cases in which too few natural teeth remain to retain an appliance. If you have significant breathing, respiratory, swallowing, or other health concerns, or a history of choking or aspiration, consult your dentist or physician before use.

3.6  Alternatives. Other options exist for replacing missing teeth, and some of them are long-term or permanent where our appliances are not. Depending on your circumstances, alternatives may include dentist-fabricated removable partial dentures, fixed bridges, dental implants, full-arch treatment, or choosing not to treat missing teeth at all. A licensed dentist examining you in person is the only person who can advise you on which option is appropriate for you.

3.7  Not a substitute for dental care. Neither the Site, the Services, nor our products are a substitute for in-person examination, advice, or treatment by a licensed dentist or physician. You are advised to establish and maintain regular in-person dental care with a provider of your choosing before, during, and after using our products.

4.  Health Representations and Follow-Up Care

By purchasing or using any product or Service offered by Revived Smiles, you represent and agree, on behalf of yourself and any party you represent, that:

  • You (or the intended user of the appliance) have had an in-person dental examination, including X-rays, within the last 12 months, and a dentist has checked for tooth decay and gum disease;

  • To the best of your knowledge, you do not have any of the conditions described in Section 3.5, and you have disclosed accurately and completely all health and dental history information we request;

  • You will promptly notify us if your oral health changes at any point between placing your order and receiving your finished appliance — including if you develop tooth or jaw pain, a loose tooth, swelling, infection, sores, or bleeding gums, or if you have a tooth extracted or dental work performed — and you understand that we or a Partner Dentist may pause, modify, or discontinue your case as a result;

  • You have read, in full, the instructions and warnings provided with and for each product you purchase, and have confirmed that the product you selected is intended for your dental condition;

  • You will follow the directions and instructions provided by Revived Smiles, including impression instructions, wear instructions, and appliance care instructions;

  • You will visit a licensed dentist within one month after receiving denture(s) from Revived Smiles to verify the health of your mouth, and will continue to see a dentist regularly for as long as you wear the appliance; and

  • You have reviewed and will follow the risks described in Section 5 and the safety warnings in Section 6.

We rely on these representations in providing the Services. You acknowledge that you have chosen to purchase and use our products and Services voluntarily and of your own accord, whether on your own behalf or on behalf of a person you represent, with full knowledge of the representations, responsibilities, risks, and warnings outlined in these Terms, including Sections 3, 5, and 6. You understand that any professional dental review of your case is performed by licensed Partner Dentists as described in Section 3, that our Services are not a substitute for in-person dental care, and that, to the fullest extent permitted by applicable law, you knowingly and voluntarily assume the risks associated with the use of at-home impression and dental appliance services.

5.  Risks and Limitations

No dental appliance is free of risk, and even an appliance made with care from sound materials can fail or cause problems. The risks below are the principal ones associated with at-home impressions, removable dental appliances, and whitening products. They are not an exhaustive list and apply in addition to the instructions provided with your product. By purchasing and using our products, you acknowledge these risks and, to the fullest extent permitted by applicable law, accept them.

Instructions and warnings. Each product we sell is accompanied by written instructions and warnings, provided with the product and on its product page on the Site, describing what the product is for, who it is and is not intended for, and how it must be used and cared for. Some of our products are intended only for people with specific dental conditions and are not suitable for others — for example, certain products are intended only for an arch in which no natural teeth remain and cannot be worn over remaining natural teeth. It is your responsibility to read those instructions and warnings in full before purchasing and before each use, and to confirm that the product you have selected is appropriate for your condition. Do not use a product that its instructions indicate is not intended for you. Use of a product that is not intended for your dental condition, or use contrary to its instructions and warnings, is misuse, is not covered by our warranty or the 60-Day Smile Guarantee, and is at your sole risk. If anything in the instructions is unclear, or you are unsure whether a product is right for you, contact our customer support team before use.

Taking impressions at home. Taking a dental impression carries a risk of injury to your teeth, gums, and existing dental work, including dislodging crowns, bridges, veneers, fillings, or loose teeth, as well as gagging and soft-tissue irritation. Impressions should not be attempted where loose teeth, failing restorations, or signs of gum disease or infection are present. An inaccurate or incomplete impression, or one taken over an unhealthy mouth, may produce an appliance that does not fit.

Fit, comfort, and adaptation. An appliance may not fit or perform as you expect. Sore spots, tenderness, and irritation are common at first, and some people never fully adapt — a strong gag reflex, dry mouth, or inadequate ridge support can prevent successful use. Fit also changes over time as gum tissue and supporting teeth shift, and an appliance that once fit well may become loose and need to be replaced.

Breakage and wear. Appliances can crack, chip, warp, wear down, or break, including where the materials are sound. Chewing hard foods, dropping the appliance, exposure to heat, and oral piercings all contribute.

Your teeth, gums, and bite. Wearing a removable appliance can cause or accelerate tooth decay, gum inflammation and bleeding, recession, periodontal disease, and permanent marks on the enamel, particularly without thorough cleaning and regular dental care. Teeth supporting a partial denture may become tender, sore, or loose, or decay around clasps, and in some cases extraction becomes necessary. Existing crowns, veneers, bridges, or implants may be affected and may need repair or replacement, and your bite may change and require adjustment. A previously injured or restored tooth may develop nerve damage requiring root canal treatment. Appliances that cover the tooth surface, such as veneers, hold plaque and food against the enamel; do not eat while wearing an appliance unless its instructions say otherwise.

Appearance, speech, and comfort. Artificial teeth may look different from natural teeth, and where teeth have been missing for a long time, visible gaps at the gumline may remain that an appliance alone cannot correct. Speech and taste may be affected, materials can stain and collect debris that contributes to odor, and food may become trapped between the appliance and your gums.

Jaw joint, allergies, and general health. Replacing teeth or changing your bite may cause or aggravate temporomandibular joint (TMJ) disorders, including jaw pain, headaches, clicking, and limited jaw movement. Oral tissues may react to the materials used. Underlying medical conditions and medications — including antiresorptive drugs such as bisphosphonates, anticoagulants, immunosuppressants, and corticosteroids — can affect your oral health and the outcome of treatment, and should be discussed with your dentist or physician beforehand.

Teeth whitening products. Our whitening products contain peroxide-based agents. Tooth sensitivity and gum irritation are common, and contact with soft tissue can cause inflammation or chemical burns; exceeding the directed amount, duration, or frequency increases these risks and can damage enamel. Do not whiten if you have untreated decay, cracked teeth, exposed roots, defective fillings, untreated gum disease, or sores in your mouth. Whitening will not change the color of crowns, veneers, bridges, or fillings, which may leave uneven color; results vary by the cause of discoloration, cannot be guaranteed, and are not permanent. Do not swallow the gel, keep it away from children, and consult your dentist or physician first if you are pregnant or nursing.

Your responsibility for follow-up. Seek professional attention when a problem does not resolve within a reasonable period, and see a dentist regularly so your appliance, gums, and overall oral health can be evaluated. Without in-person examination and radiographs, existing and new problems may go undetected and worsen.

6.  Safety Warnings: Choking, Aspiration, and Ingestion

Read this section before wearing your appliance.

Your appliance, or a part of it such as a clasp or an artificial tooth, can break, come loose, be swallowed, or be inhaled into your airway. This risk is highest while you are asleep or otherwise not fully alert, when an appliance is loose or damaged, and for anyone with a history of choking, aspiration, or difficulty swallowing. Follow these instructions:

Do not sleep while wearing a partial denture or denture. Remove your appliance before sleeping. Wearing a removable partial denture or denture during sleep creates a serious risk of choking, aspiration, or swallowing, and provides no benefit. This instruction does not apply to nightguards, retainers, or other appliances specifically intended for nighttime wear — for those products, follow the wear instructions provided with the appliance.

Inspect your appliance before each use. Check for cracks, chips, missing or loose artificial teeth, and bent, loose, or broken clasps. If you find any damage, stop wearing the appliance and contact our customer support team about repair or replacement. Do not attempt to repair, reshape, file, or glue an appliance yourself, and do not use household adhesives on it — a self-repaired appliance is more likely to break apart in your mouth.

Stop wearing an appliance that has become loose. A loose appliance can dislodge unexpectedly. Discontinue use and arrange for a replacement or an in-person dental evaluation.

Stop use and seek care if you experience problems. Discontinue use immediately and seek professional dental assistance if you develop sores, gum irritation or bleeding, pain, persistent discomfort, gagging, or difficulty breathing, or if your appliance alters your bite and the change persists. Contact our customer support team so we can assist you.

Seek emergency care for a swallowed or inhaled appliance. If you swallow or inhale your appliance or any part of it, seek immediate medical attention. If you experience coughing, choking, chest pain, wheezing, or difficulty breathing, call 911 or your local emergency number.

Store your appliance safely. When not being worn, keep your appliance in its case and out of reach of infants, young children, and pets. Our products and impression kits contain small parts that can pose a choking hazard to children.

Supervision and suitability. Our appliances are intended for people who are able to insert, remove, clean, and manage a removable appliance without assistance. Anyone who cannot do so, or who has a history of choking or swallowing difficulty, should use our products only under appropriate supervision and after consulting a dentist or physician.

Inform caregivers. If someone else assists with your care, make sure they are aware of these warnings and of the instructions provided with your appliance.

7.  Orders, Pricing, and Payment

All orders are subject to acceptance by Revived Smiles. We may refuse or cancel any order, including for suspected fraud, pricing or description errors, or product availability; if we cancel an order you have already paid for, we will refund the amount paid for the cancelled order. Prices, products, and promotions are subject to change without notice. You are responsible for any applicable taxes and for providing accurate billing, payment, and shipping information. By submitting payment information, you authorize us and our payment processors to charge your payment method for your order total, including any subscriptions you enroll in, which will recur until cancelled in accordance with our Return & Refund Policy. Promotional offers and discount codes may be subject to additional terms and cannot be combined unless expressly stated.

Financing. We may offer the option to pay for your order through third-party financing providers. Any financing is extended by the provider, not by Revived Smiles. Approval, interest rates, fees, repayment terms, and all other credit terms are determined solely by the provider and are governed by the separate agreement and disclosures you receive from that provider. Revived Smiles is not a lender, is not a party to your agreement with the provider, and does not make credit decisions. The price of a product or Service may differ depending on the payment method you select, including whether you pay in full or finance your purchase. The price applicable to your selected payment method is displayed at checkout before you complete your order.

8.  Returns, Refunds, Warranty, Protection Plan, and Subscriptions

All purchases are subject to our Return & Refund Policy and Custom-Made Appliance Warranty, available at https://revivedsmiles.com/pages/refund-policy, which are incorporated into these Terms by reference. The Return & Refund Policy also contains the terms of our 60-Day Smile Guarantee, Smile Care Protection Plan, product subscriptions, and gift cards. In the event of any conflict between these Terms and the Return & Refund Policy, the Return & Refund Policy governs with respect to returns, refunds, the guarantee, and warranty claims.

9.  Insurance Claims

You may have the option to request information and submit a claim for "Out of Network Services" through your insurance provider. If you choose to do so: (a) Revived Smiles may provide a summary of eligibility, benefits, or coverage based on the details you and your insurer supply; however, this is offered purely as a courtesy and is provided on an "as is" and "as available" basis, without any warranties, and Revived Smiles is not responsible for any inaccuracies or omissions in this information; (b) Revived Smiles is not responsible for submitting, processing, or defending insurance claims, and any disputes or issues must be resolved directly with your insurance provider; and (c) if your insurance provider denies coverage in whole or in part, Revived Smiles and the relevant dental provider are not liable for any charges incurred and will not provide reimbursement for denied claims.

10.  Ownership of the Site and Content

The Site, including all its content, features, and functionality, is owned and operated by Revived Smiles, Inc. and its affiliates, licensees, and assigns. All information, materials, graphics, designs, logos, trademarks, and other intellectual property displayed or made available on the Site are the property of Revived Smiles, Inc., its affiliates, licensees, or assigns and are protected by applicable intellectual property laws. You acknowledge and agree that all rights, title, and interest in and to the Site and its content, including any updates, modifications, or enhancements, are and shall remain the exclusive property of Revived Smiles, Inc. and its affiliates, licensees, or assigns.

Except as expressly authorized by Revived Smiles, Inc., you shall not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any portion of the Site or its content without prior written permission from Revived Smiles, Inc. The use of any trademarks, logos, or service marks displayed on the Site is strictly prohibited unless authorized in writing by Revived Smiles, Inc. or the respective owners.

Feedback. Any feedback, suggestions, ideas, or other submissions provided by you to Revived Smiles, Inc. regarding the Site or its Services shall become the property of Revived Smiles, Inc. You agree to assign all rights, title, and interest in such feedback, suggestions, ideas, or submissions to Revived Smiles, Inc., and Revived Smiles, Inc. shall have the right to use, disclose, reproduce, modify, or otherwise exploit them for any purpose, without any obligation or compensation to you.

Limited license. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content for personal and non-commercial purposes in compliance with these Terms.

11.  Customer Content and Personal Information

In connection with using the Site and our Services, you may provide Revived Smiles, Inc. with information, text, messages, photos, videos (including dental and before-and-after photos), impressions, survey responses, reviews, and other materials, whether submitted through the Site, by email, SMS/text, social media, or other channels (collectively, "Customer Content"). Customer Content may include information that identifies or can reasonably be linked to you ("Personal Information").

Clinical Materials. Certain materials you submit are used solely for clinical purposes — including dental impressions, intraoral and dental photographs, health history, and other records you provide for evaluation by a Partner Dentist ("Clinical Materials"). Clinical Materials are handled as described in our Privacy Notice and applicable health privacy law, and not under the marketing license described below.

Ownership. Except for our proprietary technology, software, and content, as between you and Revived Smiles, you retain all right, title, and interest in and to your Customer Content, including any associated intellectual property rights, subject to the licenses granted in these Terms.

License to provide and improve the Services. You grant Revived Smiles, Inc. and its affiliates, service providers, licensees, and assigns a non-exclusive, worldwide, royalty-free, fully paid, sublicensable and transferable license to access, use, host, store, reproduce, display, modify, adapt, publish, translate, create derivative works from, distribute, and otherwise process your Customer Content (including Personal Information contained within it) as reasonably necessary to: provide, operate, host, fulfill, and support the Site and Services; analyze and improve our products, Services, quality, and customer experience; communicate with you about your orders, your account, and customer support inquiries; and maintain the security and integrity of our systems and Services. For clarity, this license includes the right to use Customer Content to maintain internal records, perform quality checks, train personnel, and develop and improve our products and Services, in accordance with our Privacy Notice.

Reviews, testimonials, and marketing use. If you post a public review of our products or Services, submit a testimonial, tag or mention Revived Smiles on social media, respond affirmatively to a request from us to use your content (for example, by hashtag or reply granting permission), or sign a separate content release, you grant Revived Smiles, Inc. and its affiliates a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, edit for length and format, publish, display, distribute, and incorporate that content, together with the name, username, likeness, and voice appearing in it, in connection with our marketing and advertising, including on the Site, in social media, and in paid advertisements. If you have signed a separate written release or program agreement with us (for example, a creator or customer advocacy agreement), that agreement governs to the extent it conflicts with this subsection. You may request that we stop using your content in our owned channels by contacting info@revivedsmiles.com; we will honor such requests as required by applicable law, but we cannot recall content that has already been published or distributed. This subsection does not apply to Clinical Materials. We do not use Clinical Materials for marketing, advertising, or other public-facing promotional purposes. If we wish to use any photograph, video, or likeness of you for marketing, we will request a separate written release describing the intended use, and no such use will occur unless and until you sign it.

Your responsibilities and rights. You represent and warrant that: you have all necessary rights, permissions, and consents to provide the Customer Content to us and to grant the licenses and rights described in these Terms, including with respect to any Personal Information of yourself or others; our access to and use of Customer Content as permitted by these Terms will not violate any law or the rights of any third party; and you will not submit Customer Content that you do not have the right to share, or that would violate another person's privacy, publicity, or intellectual property rights.

Data deletion and opt-out requests. Depending on where you live and subject to applicable law, you may have the right to request that we delete certain Personal Information we maintain about you, or to opt out of certain uses of your Personal Information (such as its use to help us improve our Services). We will honor such requests as required by applicable law. Please see our Privacy Notice for more information about your rights and how to exercise them, or contact us at info@revivedsmiles.com. Records maintained by a Partner Dentist as part of your dental record, and records we are required to retain under applicable law, are subject to separate retention requirements and may not be deletable on request.

Moderation and enforcement. We do not undertake to review all Customer Content and are not responsible for such content. However, we may, in our sole discretion and where permitted by law: remove, edit, or refuse to post any Customer Content; suspend or terminate your access to all or part of the Site or Services if Customer Content appears to violate these Terms or applicable law; and cooperate with law enforcement, regulators, or court orders that request or direct us to disclose the identity or other information about anyone posting or providing Customer Content. Nothing in this section limits our rights under any other part of these Terms, including the "Reviews, testimonials, and marketing use" subsection above and Section 10 (Ownership of the Site and Content).

12.  Acceptable Use

The Site and our products are intended for personal, non-commercial use. By accessing or using the Site and purchasing our products, you agree that you will not:

  • Use the Site or products for any commercial purpose, including but not limited to resale, distribution, or promotion for financial gain;

  • Use the Site or products to endorse, promote, or advertise any third-party products, services, or businesses for commercial purposes;

  • Reproduce, modify, distribute, display, or exploit any content, materials, or trademarks of Revived Smiles, Inc. for commercial purposes without explicit written permission from Revived Smiles, Inc.;

  • Use the Site or Services for any unlawful purpose or in violation of any applicable law, regulation, or legal requirement, including any restrictions imposed by governmental authorities or regulatory bodies;

  • Attempt to gain unauthorized access to the Site, other users' accounts, or our systems, or interfere with or disrupt the operation or security of the Site;

  • Use bots, scrapers, or other automated means to access the Site or collect data from it without our permission; or

  • Misrepresent your identity or provide false information in connection with an account or order.

Revived Smiles, Inc. disclaims any liability or responsibility for any unauthorized commercial use of the Site and products. Any unauthorized commercial activities conducted by users are solely their own responsibility, and Revived Smiles, Inc. shall not be held liable for any consequences arising from such activities. We reserve the right to suspend or terminate access to the Site and products as described in Section 17 if we reasonably believe that a user has violated this Section. Revived Smiles, Inc. retains all rights, title, and interest in the Site, products, and associated intellectual property, and nothing in this Section shall be construed as granting any license or right to use the Site or products for commercial purposes.

13.  Third-Party Services and Links

The Site may contain links to, or integrate with, third-party websites, platforms, and services, including payment processors, financing providers, shipping carriers, and review or social media platforms. We do not control and are not responsible for third-party sites or services, their content, or their privacy and security practices. Your use of them is at your own risk and subject to their own terms and policies.

14.  Disclaimer of Warranties

YOU ACKNOWLEDGE AND ACCEPT THAT YOUR USE OF THE SITE AND THE SERVICES, AS WELL AS ANY SERVICE OR PRODUCT OFFERED BY REVIVED SMILES, INC., IS AT YOUR OWN RISK AND ON BEHALF OF YOURSELF AND ANY PARTY YOU REPRESENT. THE SITE, THE SITE INFORMATION, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT FOR THE EXPRESS CUSTOM-MADE APPLIANCE WARRANTY DESCRIBED IN OUR RETURN & REFUND POLICY, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REVIVED SMILES, INC., ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND ASSIGNS EXPLICITLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR ELECTRONIC.

WHERE AN EXPRESS WRITTEN WARRANTY APPLIES TO A PRODUCT, ANY IMPLIED WARRANTIES ON THAT PRODUCT ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY, TO THE EXTENT PERMITTED BY LAW. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE EXPRESS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

REVIVED SMILES, INC., ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND ASSIGNS DO NOT GUARANTEE UNINTERRUPTED ACCESS TO THE SITE AND ITS SERVICES, NOR DO THEY WARRANT THAT THERE WILL BE NO FAILURES, ERRORS, OMISSIONS, OR SECURITY BREACHES OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF REVIVEDSMILES.COM.

15.  Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REVIVED SMILES, INC., ITS AFFILIATES, SUBSIDIARIES, LICENSEES, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY MERCHANDISE, PRODUCT, OR APPLIANCE ORDERED THROUGH THE SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, SITE INFORMATION, OR SERVICES (INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES), OR YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION, OR MATERIALS AVAILABLE THROUGH THIRD-PARTY SITES LINKED TO THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR REVENUE, LOST PROFITS, PAIN AND SUFFERING, COST OF SUBSTITUTE GOODS OR SERVICES, AND EMOTIONAL DISTRESS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF REVIVED SMILES, INC. AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND ASSIGNS FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, THE SERVICES, OR ANY PRODUCT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO REVIVED SMILES FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16.  Indemnification

You agree to defend, indemnify, and hold harmless Revived Smiles, Inc. and its affiliates, subsidiaries, licensees, and assigns, and their respective officers, directors, employees, contractors, and agents, from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) your violation of these Terms; (b) your violation of any applicable law or the rights of any third party; (c) your Customer Content, including any claim that it infringes or violates a third party's rights; (d) inaccurate information or representations you provide, including the health representations in Section 4; or (e) misuse of any product, use of a product contrary to its instructions or warnings, or use of a product by a minor on whose behalf you purchased. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense. This Section does not apply to the extent prohibited by applicable law.

17.  Suspension and Termination

We may suspend or terminate your access to the Site or Services, cancel pending orders, or close your account, with or without notice, if we reasonably believe that: (a) you have violated these Terms, including the eligibility requirements in Section 2 or the acceptable use rules in Section 12; (b) you have engaged in fraud, abuse, harassment of our personnel, chargeback abuse, or other conduct harmful to Revived Smiles, other customers, or third parties; (c) your use of the Site, Services, or products presents a safety or legal risk; or (d) suspension or termination is required by law. You may stop using the Site and Services at any time.

Upon termination, your license to use the Site ends immediately. Termination does not affect orders already fulfilled, and refunds for unfulfilled orders, if any, will be handled in accordance with the Return & Refund Policy. Sections that by their nature should survive termination will survive, including Sections 10, 11, and 14 through 25.

18.  Dispute Resolution: Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS. YOU MAY OPT OUT AS DESCRIBED IN SUBSECTION (i).

a.  Informal resolution first. Before initiating arbitration or any other proceeding, you and Revived Smiles agree to first attempt to resolve any dispute informally. Either party may begin this process by sending the other a written Notice of Dispute describing the nature of the claim and the relief sought (to us: the notice address in Section 22 or info@revivedsmiles.com; to you: the email or mailing address associated with your order or account). The parties agree to negotiate in good faith for 60 days from receipt of the Notice of Dispute before initiating arbitration. This subsection does not prevent either party from filing an eligible claim in small claims court.

b.  Agreement to arbitrate. Except as provided in this Section, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site, the Services, or any product, including the formation, interpretation, breach, termination, enforcement, or validity thereof (each, a "Dispute"), shall be resolved exclusively through final and binding arbitration conducted on an individual basis, rather than in court. This arbitration agreement is governed by the Federal Arbitration Act and evidences a transaction involving interstate commerce.

c.  Exceptions. Either party may (i) bring an individual claim in small claims court if the claim qualifies for that court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized access to or abuse of the Site.

d.  Administration and rules. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, as modified by this Section, before a single arbitrator. If the AAA is unavailable, the parties shall agree on a comparable administrator, or a court shall appoint one. The AAA rules and forms are available at www.adr.org. Arbitration fees and costs shall be allocated as provided in the administrator's consumer rules. The arbitration shall take place in Los Angeles County, California, in the county where you reside, or by telephone or videoconference, as permitted by the administrator's rules or as the parties may agree.

e.  Arbitrator's authority. The arbitrator shall have exclusive authority to resolve all Disputes, including any dispute regarding the arbitrability, interpretation, applicability, or enforceability of this arbitration agreement, except that a court of competent jurisdiction shall decide any dispute concerning the enforceability of the class action waiver in subsection (f). The arbitrator may award any relief available in a court of law or equity to the individual party seeking relief, including injunctive or declaratory relief, consistent with these Terms. The arbitrator's decision shall be final and binding on both parties, and judgment on the award may be entered in any court of competent jurisdiction.

f.  Class action and jury trial waiver. YOU AND REVIVED SMILES EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. Disputes shall be arbitrated only on an individual basis, and the arbitrator may not consolidate or join the claims of other persons or parties. If the class action waiver is found unenforceable as to a particular Dispute or request for relief, then that Dispute or request for relief, and only that one, shall be severed and may proceed in court, and all remaining Disputes shall proceed in arbitration.

g.  Public injunctive relief. Nothing in this Section waives any right to seek public injunctive relief that cannot be waived under applicable law. If a claim for public injunctive relief cannot be arbitrated under applicable law, that claim shall be stayed and decided by a court of competent jurisdiction after arbitration of all arbitrable claims and issues is complete.

h.  Batch arbitration. To increase efficiency in the event of multiple filings, if 25 or more arbitration demands raising similar claims are filed against Revived Smiles by the same or coordinated counsel or parties, the administrator shall administer the demands in batches of up to 50 demands per batch, with a single arbitrator and a single set of filing and administrative fees per batch, resolving each batch before the next batch proceeds, unless the parties agree otherwise. This subsection is severable and shall be enforced to the maximum extent permitted by law.

i.  30-day opt-out right. You may opt out of this arbitration agreement and class action waiver within 30 days of first accepting these Terms (or, if you accepted an earlier version of these Terms that did not contain this opt-out right, within 30 days of the effective date of this Section) by sending written notice to the notice address in Section 22 or to info@revivedsmiles.com. Your notice must include your name, your order number or account email, and a statement that you wish to opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms.

j.  Confidentiality. To the extent permitted by applicable law, the parties and the arbitrator shall maintain the confidentiality of the arbitration proceedings and any documents or information exchanged during the arbitration, except as necessary to enforce or challenge an award, to comply with legal obligations, or to pursue rights expressly permitted by this Section.

k.  Severability of this Section. Except as provided in subsection (f), if any portion of this Section is found to be unenforceable, the remainder shall be enforced to the maximum extent permitted by law.

19.  Governing Law and Venue

These Terms and any Dispute arising out of or related to your use of the Site and Services shall be governed by and construed in accordance with the laws of the State of California and applicable federal law (including the Federal Arbitration Act with respect to Section 18), without regard to conflict of law principles.

Subject to Section 18, any legal action or proceeding that may properly be brought in court, including proceedings to compel, stay, or confirm arbitration and Disputes that are excepted from arbitration or as to which arbitration is found unenforceable, shall be brought exclusively in the federal or state courts located in Los Angeles County, California, and you consent to the personal jurisdiction of and venue in such courts. This Section applies to all users accessing the Site and Services within the United States.

20.  Time Limit on Claims

To the fullest extent permitted by applicable law, any cause of action or claim you may have arising out of or related to these Terms or your use of the Site and Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. This limitation does not apply where prohibited by applicable law.

21.  Changes to These Terms

We may modify these Terms from time to time. When we do, we will post the updated Terms on the Site and revise the "Last updated" date above. For material changes, we will provide reasonable advance notice, such as by email or a prominent notice on the Site. Your continued use of the Site or Services after the effective date of the updated Terms constitutes your acceptance of the changes; if you do not agree to the updated Terms, you must stop using the Site and Services. Material changes to Section 18 will not apply to any Dispute for which a Notice of Dispute was provided before the change took effect, and you may reject a material change to Section 18 within 30 days of notice of the change by using the opt-out method in Section 18(i), in which case the prior version of Section 18 will continue to apply to you.

22.  Notices

Legal notices to Revived Smiles must be sent in writing to: Revived Smiles, Inc., Attn: Legal, 11645 Wilshire Blvd., Suite PH, Los Angeles, CA 90025, with a copy by email to info@revivedsmiles.com. We may provide notices to you by email to the address associated with your account or order, by SMS if you have enrolled in our mobile message service, by mail, or by posting on the Site. Notices to you are effective when sent or posted; legal notices to us are effective upon receipt.

23.  Notice to California Residents

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following notice: the Site and Services are provided by Revived Smiles, Inc., 11645 Wilshire Blvd., Suite PH, Los Angeles, CA 90025. If you have a question or complaint regarding the Site or Services, please contact us at info@revivedsmiles.com. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.

24.  Force Majeure

Revived Smiles shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, epidemics, labor disputes, shortages or failures of suppliers or carriers, utility or internet failures, war, terrorism, civil unrest, or acts of governmental authorities.

25.  Miscellaneous

These Terms, together with the documents incorporated by reference (including the Return & Refund Policy, Custom-Made Appliance Warranty, Privacy Notice, and Mobile Terms of Service), constitute the entire agreement between you and Revived Smiles regarding the Site and Services and supersede any prior or contemporaneous agreements on that subject. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later. You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempted assignment in violation of this sentence is void; we may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law. Section headings are for convenience only and have no legal effect. Sections that by their nature should survive termination of these Terms will survive.

26.  Mobile Terms of Service

Last updated: Oct. 18, 2024

The Revived Smiles mobile message service (the "Service") is operated by Revived Smiles ("Revived Smiles", "we", or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Revived Smiles's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Revived Smiles through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Revived Smiles. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18774518024 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Revived Smiles mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18774518024 or email info@revivedsmiles.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

27.  Contact Us

For any questions about these Terms, please contact us at info@revivedsmiles.com.