SMILE EXPRESSIONS

ONLINE CREDIT APPLICATION CENTER
SMILE EXPRESSIONS

WEB SITE USAGE AGREEMENT

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

This web site, the Smile Expressions Credit Application Center (the "Site"), is provided by SMILE EXPRESSIONS.

In this Web Site Usage Agreement, the term "Provider" refers to Smile Expressions or banks associated with Smile Expressions.

The Site may be used only for the following purposes: obtaining information about the credit as well as obtaining and submitting applications for the credit; and if available, reviewing the status of your credit application account online and obtaining online customer service assistance regarding your credit account.

By using the Site or downloading materials from the Site, you agree to abide by the terms and conditions set forth in this notice as well as all other policies described in the Site. If you do not agree to abide by these terms and conditions or any future terms and conditions, please do not use the Site or download materials from the Site.

These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with the Issuer, including the credit card agreement.

RESTRICTIONS ON USE:

In order to use the Site, you must be:

At least 18 years old, and
A resident of the United States.

In addition, use of the Site is restricted to personal, family or household use. The Site may not be used for commercial purposes or for governmental purposes.
If you do not satisfy the above restrictions on use, please do not use the Site or download materials from the Site.

LIMITED LICENSE:

Subject to the terms and conditions set forth in this Agreement, the Issuer grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon.

The Issuer authorizes you to view and download the information ("Materials") at the Site only for your personal, non-commercial use in connection with applying for or using the credit. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions:

you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and
you must not transfer the Materials to any other person.

You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, the Issuer does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

USER CONDUCT:

In using the Site, you agree:

not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked web sites;
not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Sites;
not to upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files;
not to use or attempt to use or access another's person account or personal information, or create or use a false identity on the Site; and
not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state and federal laws and regulations, that relate to your use of or activities on the Site.

DISCLAIMER:

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE ISSUER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. THE ISSUER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. THE ISSUER MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THE ISSUER DOES NOT MAKE ANY WARRANTY THAT YOUR USE OF THIS SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE ISSUER ASSUMES NO RESPONSIBILITY FOR DAMAGES THAT MAY BE SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSSES FROM DELAYS, NONDELIVERIES OF CONTENT OR ANY COMMUNICATIONS, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR MISCOMMUNICATIONS, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF THE ISSUER, ITS AFFILIATES, SUBSIDIARIES AND LICENSORS, OR YOUR OWN ERRORS AND/OR OMISSIONS.THE SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THIRD-PARTY SITES:

As a convenience to you, the Issuer may provide, on the Site, links to web sites operated by other entities. If you use these sites, you will leave the Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Issuer makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Issuer or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of the Issuer or any of its affiliates or subsidiaries.

INFORMATION PROVIDED BY YOU:

The Issuer does not want you to, and you should not, send any confidential or proprietary information to the Issuer via the Site, except for certain information requested in the application for the request of credit or in connection with customer service. You agree that, except as provided in the Issuer's SMILE EXPRESSIONS Privacy Policy for Smile Expressions Credit Application Center, any information or materials that you or individuals acting on your behalf provide to the Issuer will not be considered confidential or proprietary. By providing any such information or materials to the Issuer, you grant to the Issuer an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, except as limited by the SMILE EXPRESSIONS Privacy Policy , and you further agree that the Issuer is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to the Issuer. You further recognize that the Issuer does not want you to, and you warrant that you shall not, provide any information or materials to the Issuer that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

LIMITATION OF DAMAGES:

IN NO EVENT SHALL THE ISSUER OR PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF THE ISSUER OR PROVIDER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CHANGES:

The Issuer reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such changes is posted on the Site. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.

The Issuer may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. The Issuer may remove, modify or otherwise change any content, including that of third parties, on or from the Site. The Issuer also may impose limits on certain features and services or restrict your access to part or all of the Site without notice or liability. The Issuer may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials. The Issuer may terminate your use of the Site at any time in its sole discretion.

INTERNATIONAL USE AND CHOICE OF LAW:

The Site is controlled, operated and administered by the Issuer from its offices within the United States of America. Access to the Site from territories where its contents are illegal is prohibited. This SMILE EXPRESSIONS Web Site Usage Agreement shall be governed by the laws of the State of New York and the federal laws of the United States of America, without giving effect to their conflict of laws provisions. For all disputes arising from or related to the Site, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York

This Agreement constitutes the entire agreement between the Issuer and you with respect to the terms of usage for the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

PRIVACY POLICY:

The Issuer has a Privacy Policy that describes the types of information that the Issuer collects when you visit the Site and how the Issuer uses that information.

Copyright Notice.

Except as otherwise noted on this web site, the contents of this web site are copyrighted © 2013 by SMILE EXPRESSIONS. All rights are reserved. No part of the materials on this web site, including web site text, graphics and html code, may be reproduced or transmitted in any form by any means without the express written consent of SMILE EXPRESSIONS.