TERMS OF USE

Last updated: January 18, 2023

I. ACCEPTANCE OF TERMS OF USE

This Terms of Use Agreement (this "Agreement") is entered into between you and Black Girls Smile, Inc. (“we” or “us”). This Agreement governs your use and access of this website, including any content, functionality, and services offered on or through http://www.blackgirlssmile.org (the "Site").

The Site contains various information relating to us in the form of text, graphics, images, news, data, reports, and other materials ("Content"). Please read this Agreement carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by this Agreement. If you do not agree to this Agreement, you must not access or use the Site.

We reserve the right to amend this Agreement at any time by posting the amended terms on the Site and changing the “last updated” date. Your continued use of the Site following any such amendment constitutes your acceptance of the amended Agreement.

II. USE OF SITE AND CONTENT

We reserve the right to withdraw or amend this Site and any content, functionality, or services offered on or through the Site in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

III. INTELLECTUAL PROPERTY RIGHTS

The Site and its Content are owned by us, its licensors, or other providers of such material and are protected by United States and international copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights. For content we own, you acknowledge that these rights are valid and protected in all forms, media, and technologies existing now and hereafter developed. You shall not claim ownership over any content by reason of your use of or any right to use the site or create or change the status of any lien or other security interest or legal rights. You may not modify, redistribute, sell, or modify any Content, in whole or in part without permission from us. You may view, print, store, archive, and use content on the site (without alteration, website framing, or redaction) solely for your personal, noncommercial use or for the benefit of us. We reserve all other uses of the Site.

You will use content and the site for only lawful purposes. You are prohibited from using Content or the Site to (i) harm or threaten to harm any person or organization; (ii) damage or threaten to damage any network, system, computer, or physical or intangible property; or (iii) perform or threaten to perform any malicious or unethical activity, give rise to liability, or otherwise violate any applicable local, state, national, or international law or regulation.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of this Agreement, your right to use the Site will stop immediately, and you must, at Our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

IV. THIRD-PARTY WEBSITES

The Site contains links to third-party websites ("Third-Party Sites"). These links are provided for your convenience only. WHILE WE STRIVE TO PROVIDE ACCURATE AND QUALITY INFORMATION, WE DO NOT ENDORSE ANY CONTENT IN A THIRD-PARTY SITE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD-PARTY SITES, AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO YOUR USE OF ANY THIRD-PARTY SITE. Take precautions when downloading files from this and all third-party sites to protect your computer from viruses and other destructive programs.

Your use of a third-party site and the collection and use of your personal information at such a site will be governed by the third-party site's terms of use and/or privacy policy and not by this agreement or privacy policy of this site. You should direct any concerns regarding the Third-Party Site to the Third-Party Site’s administrator or webmaster.

V. DISCLAIMER OF WARRANTY

CONTENT PROVIDED ON THE SITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PRESENTED ON THE SITE CONSTITUTES LEGAL, FINANCIAL, OR MEDICAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT, DOCTOR-PATIENT, FIDUCIARY, OR COUNSELING RELATIONSHIP BETWEEN US AND YOU OR ANY OTHER PARTY. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF US, ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VOLUNTEERS, CONTRIBUTORS, OR LICENSEES (COLLECTIVELY THE "SITE PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT.

NONE OF THE SITE PARTIES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF CONTENT IS ASSUMED SOLELY BY YOU.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE SITE PARTIES HEREBY SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE SITE PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE.

VI. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL ANY SITE PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED FROM THIRD PARTY SITES TO WHICH THIS SITE IS LINKED. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE SITE.

IN NO EVENT SHALL ANY SITE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO CONTENT OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, SITE PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

VII. TERMINATION

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or Content at any time without prior notice or liability.

VIII. COMPLIANCE WITH APPLICABLE LAW

We make no claims concerning whether the Site or Content may be viewed, printed, archived, downloaded, or used outside of the United States or otherwise outside of our intended service area. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

IX. SEVERABILITY

In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect.

The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement.

X. HEADINGS

If we fail to enforce strict performance of any provision of this Agreement, such failure will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of this Agreement.

XI. NO WAIVER

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, with giving effect to conflict of law principles. Any action relating to Content, Site or this Agreement must be brought in the federal or state courts located in Atlanta, Georgia, or the county in which We primarily operate, and you hereby irrevocably consent to the jurisdiction of such courts.

XII. GOVERNING LAW

XIII. STATUTE OF LIMITATIONS

Any cause of action you may have with respect to the Site, Content, or this Agreement must be commenced within one (1) year after the claim or cause of action arose. Any cause of action not commenced within one year shall be barred, without regard to any other limitations period set forth by applicable law.

Additional written terms and conditions posted on the Site or executed in writing with you, including but not limited to, a Privacy Policy, govern use of the Site and Content and supersede any oral or other communication between the parties concerning the Site and Content. to a