Last updated: 【23】/【Apr】/2026

IMPORTANT:

Welcome to the usmile Official Shop.

Please read the following Terms carefully. Limitation and liability exemption Sections may be highlighted in bold for your special attention. If you access or use any part of this website, you confirm that you understand, agree to and are bound by all of these terms and conditions. If you do not agree, please do not access this Website.　

 

OVERVIEW

This website (the "Website") is operated by [Star Flare Technology LLC] ("usmile", "we", "us", "our"). Our Website is hosted and powered by Shopify Inc., which provides the e-commerce infrastructure enabling us to offer products and services to you. These Terms of service ("Terms") govern your access to and use of our Website and the purchase of products through it. They apply to all visitors, customers, and users.　For the purposes of these Terms, the “Products” shall mean the variety of products offered for sale to you on the Website.

DISPUTE RESOLUTION: PLEASE BE AWARE THAT THESE TERMS CONTAIN MANDATORY ARBITRATION PROVISIONS THAT REQUIRE, WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN US SHALL BE RESOLVED BY BINDING AND FINAL INDIVIDUAL ARBITRATION. THEY ALSO CONTAIN CLASS ACTION AND JURY TRIAL WAIVERS. PLEASE READ SECTION 13 (ARBITRATION, GOVERNING LAW AND JURISDICTION) OF THESE TERMS CAREFULLY.SECTION 13 ALSO INCLUDES A RIGHT TO OPT OUT OF ARBITRATION WITHIN A LIMITED PERIOD AFTER YOU FIRST ACCEPT THESE TERMS.

SECTION 1 - USER ELIGIBILITY

1. By agreeing to these Terms of Service, you represent and warrant that:

(1) You have the legal capacity to enter into a binding contract under the laws of your jurisdiction of residence;

(2) You are at least 18 years of age, or have reached the age of legal capacity as recognized in your jurisdiction, and are legally permitted to use this Website and our services under the laws of your country. Individuals between the ages of 13 and 18 may only use this Website through an account owned by a parent or legal guardian, with their express permission and under their direct supervision. Individuals under the age of 13 are not permitted to use this Website. Certain products available on this Website may be designed for use by children; however, such products are intended to be purchased and used by adults or under adult supervision;

(3) You will comply with these Terms and all applicable local, national, and international laws, regulations, and ordinances;

(4) You are not located in, ordinarily resident in, or organized under the laws of any jurisdiction subject to comprehensive U.S. sanctions or embargoes to the extent applicable law prohibits your use of the Services, and you are not a person with whom U.S. persons are prohibited from dealing under applicable export control or sanctions laws.

2. You can use parts of the features available on the Website, such as browsing content, without having a registered user account. You can choose to register an account on the Website when you purchase any product on the Website. You must make sure that all information that you submit during registration (including, but not limited to address, and email) is accurate. You are responsible for promptly updating your information if there is any change.

3. You are solely authorised to operate the account created by you, and remain solely liable for all the actions undertaken through your account. You should keep your account details safe and change the passcode regularly, and you agree to notify us immediately by email to service@usmile.com if you lose your account passcode or discover or suspect any unauthorised use of your account.

4. If you violate any of these Terms, we reserve the right to unilaterally suspend and/or deactivate your access, disable any user identification code or passcode, restrict, suspend or terminate your account, remove any inappropriate content in your account, request that you immediately stop or rectify the unlawful use, or, should the unlawful use and/or violation continue, usmile is entitled to respond and to take any lawful measures that we consider necessary.

5. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

6. You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

7. A material breach of these Terms may result in suspension or termination of your access to the Services.

 

SECTION 2 - WEBSITE USE AND INTELLECTUAL PROPERTY

1. We reserve the right to refuse service to anyone for any reason at any time.

2. You understand that your content may be transmitted over various networks and may undergo technical changes to conform and adapt to the requirements of connecting networks or devices. Payment transactions are processed by third-party payment processors. While we take commercially reasonable measures to protect your data during transmission, no method of electronic transmission is completely secure, and we cannot guarantee absolute security.

3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

4. All content on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, page layouts, underlying code, software, and the overall design and arrangement of the Website, to the exclusion of any User Content as defined below, (collectively, "Website Content"), is the property of usmile or its licensors and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5. The usmile name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of usmile or its affiliates. You must not use such marks without our prior written permission.

6. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content solely for your personal, non-commercial purposes (including browsing and purchasing products). This license does not include: (a) any resale or commercial use of the Website or its contents; (b) any collection and use of any product listings, descriptions, or prices; (c) any derivative use of the Website or its contents; (d) any downloading, copying, or other use of account information for the benefit of any third party; or (e) any use of data mining, robots, or similar data gathering and extraction tools.

7. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

8. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

9. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 3 PRODUCTS AND PRICING

1. Prices displayed on the Website include applicable taxes but do not include shipping charges, which will be calculated and disclosed at checkout. For more details, please review our Shipping Policy. If the Website or checkout expressly indicates that taxes are included for a particular transaction, that disclosure will control.

2. Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. Any such changes will apply prospectively and will not affect orders already accepted by us, except as required by law.

3. To the maximum extent permitted by applicable law, we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

4. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return and Refund Policy.

5. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

6. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

7. While we strive to ensure the quality of our products and services, we do not guarantee that they will meet your specific personal expectations in all cases, or that any errors in the Service will be corrected immediately. Nothing in these Terms is intended to exclude, restrict, or modify any mandatory statutory rights or guarantees that you may have under the laws of your jurisdiction or other applicable consumer protection legislation. Where applicable, you may be entitled to a repair, replacement, or refund in accordance with such laws. For details on the warranty coverage applicable to our Products, please review our Warranty Policy.

 

SECTION 4 ORDERS, PAYMENT, BILLING, RISK OF LOSS

1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If we cancel an order after payment has been processed, we will refund the amount paid for the canceled portion of the order.

2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

3. Title to Products purchased through the Website passes to you upon our delivery of the Products to the carrier, except where otherwise required by applicable law. Risk of loss for conforming Products passes to you upon our delivery of the Products to the carrier, except where otherwise required by applicable law. However, nothing in these Terms limits any rights you may have under applicable law, our Shipping Policy, or our Return and Refund Policy in respect of Products that are lost, damaged, defective, non-conforming, or not as described. If a shipment is lost or damaged in transit before delivery is completed, you should promptly notify both the carrier and us, and we may assist with the carrier claim or investigation process. Claims relating to orders that the carrier marks as delivered, including claims for loss, theft, or misdelivery after delivery, are governed by our Shipping Policy.

SECTION 5 ACCURACY OF INFORMATION

1. While we endeavor to ensure the accuracy of information on this Website, we do not guarantee that all information is accurate, complete, or current at all times. The material on this site is provided for general information purposes and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. To the extent permitted by applicable law, any reliance on the material on this site is at your own risk. Nothing in this Section excludes or limits our liability for providing misleading information in breach of applicable consumer protection laws.

2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

3. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

4. If we discover a material error (such as a significant pricing error) affecting an order you have already placed, we will promptly notify you and offer you the choice of: (a) confirming the order at the correct price; or (b) canceling the order and receiving a full refund of any amounts already paid. If we are unable to contact you or do not receive a response within a reasonable timeframe, we may cancel the order and issue a full refund. This paragraph does not affect your statutory rights.

5. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 6 - FEEDBACK AND OTHER SUBMISSIONS

1. If you voluntarily send us feedback, suggestions, ideas, or other communications by email, mail, or other means, including but not limited to comments, photos, messages or information that you submit, upload or post, or that is submitted, uploaded or posted on your behalf or by other users ("User Content") on the Website ("Feedback"), you agree that we may freely use, copy, modify, publish, redistribute, and otherwise exploit such Feedback for any purpose, including to operate, promote, and advertise the Website and our Products, and to display, reproduce, or adapt such User Content across different systems and devices. This license is worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable, without restriction, attribution, or compensation to you. You represent and warrant that you have the right to submit such Feedback and that it does not infringe any third-party rights.

2. You agree that any Feedback you provide will not contain any content that is unlawful, threatening, defamatory, obscene, or otherwise objectionable, or that contains viruses or other malicious code. You may not use a false identity or misrepresent yourself in any Feedback you provide.

We are under no obligation to (a) maintain any Feedback in confidence; (b) pay compensation for any Feedback; or (c) respond to any Feedback.

3. Whilst the views expressed in the User Content are not representative of our views or values, we reserve the right to remove any User Content for any reason including if, in our reasonable opinion, such User Content is unlawful, intrusive, immoral, inappropriate, inaccurate, misinformative or offensive.

 

SECTION 7 - THIRD-PARTY LINKS

1. Certain content, products and services available via our Service may include materials from third-parties.

2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 8 - PERSONAL INFORMATION

1. Your submission of personal information through the store is governed by our Privacy Policy. Our Privacy Policy describes how we collect, use, share, and protect your personal information, and sets out your rights as a data subject.

2. If you have purchased our Products or subscribed to our newsletters, or you have provided your consent to be contacted for marketing, we may send you advertisements, promotion or publicity information (including commercial and non-commercial messages) about us, our Products and related goods and services. You may opt out of marketing emails at any time by clicking the “Unsubscribe” link in any marketing email we send you.

 

SECTION 9 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

· For any unlawful purpose;

· To solicit others to perform or participate in any unlawful acts;

· To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

· To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

· To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

· To submit false or misleading information;

· To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

· To collect or track the personal information of others;

· To spam, phish, pharm, pretext, spider, crawl, or scrape;

· For any obscene or immoral purpose; or

· To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right, to the extent permitted by law, to suspend or terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

1. Website and Services Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SERVICES, WEBSITE CONTENT, AND ALL ONLINE FEATURES MADE AVAILABLE THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR REQUIRED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USMILE DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITE AND SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

2. Products

PRODUCT WARRANTIES, IF ANY, ARE GOVERNED BY THE APPLICABLE WRITTEN WARRANTY THAT ACCOMPANIES THE PRODUCT OR IS SET OUT IN OUR WARRANTY POLICY. NOTHING IN THESE TERMS LIMITS ANY NON-WAIVABLE STATUTORY WARRANTY OR CONSUMER RIGHT THAT APPLIES TO A PRODUCT. IF YOU PURCHASE A PRODUCT COVERED BY OUR WARRANTY POLICY, THAT WARRANTY POLICY IS INCORPORATED INTO THESE TERMS BY REFERENCE FOR PURPOSES OF THE APPLICABLE PURCHASE.

3. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USMILE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, the "Usmile Parties") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, PRODUCTS, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Liability Cap

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE USMILE PARTIES ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, PRODUCTS, OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO USMILE FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM; OR (B) USD $100.00.

5. Exceptions

THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND DO NOT AFFECT ANY RIGHTS OR REMEDIES THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

6. ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO OUR WARRANTY POLICY OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, SHALL BE RESOLVED EXCLUSIVELY IN ACCORDANCE WITH THE MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND GOVERNING LAW PROVISIONS SET FORTH IN SECTION 13 OF THE USMILE TERMS OF SERVICE.

SECTION 11 - INDEMNIFICATION

1. To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless us, our parent company, subsidiaries, and affiliates, as well as our officers, directors, agents, and employees, from and against any third-party claims, actions, liabilities, losses, damages, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (i) your willful or negligent misuse of the services or service content in a manner materially inconsistent with these Terms; (ii) your material breach of these Terms; or (iii) your violation of any applicable law or regulation, or your infringement of any third-party rights.

2. We will promptly notify you of any such claim and provide you with reasonable assistance (at your expense) in the defense of such claim. We reserve the right, at your expense, to assume exclusive control and defense of any matter subject to indemnification by you, and you agree to cooperate with our defense. You may not settle any such claim without our prior written consent.

 

SECTION 12 - SUSPENSION AND TERMINATION OF SERVICES

1. We reserve the right to immediately suspend or restrict access to the services, or to terminate these Terms, in any of the following circumstances:

(1) You have breached any provision of these Terms;

(2) We are unable to provide the services to you due to a force majeure event;

(3) We may terminate the Services (in whole or in part) where reasonably necessary for business restructuring, legal compliance, or risk management purposes;

(4) Any other circumstances specified in these Terms. 

Any suspension or termination of your access to the Website or account will not affect any order already accepted by us, any amounts already paid by you, or any rights or obligations that by their nature survive termination, including applicable refund, return, warranty, or payment obligations.

2. You acknowledge and agree that the termination or expiration of these Terms shall not affect any rights, obligations, or liabilities of either party that have accrued prior to termination. Upon termination of these Terms, we may retain and delete information in accordance with applicable law, our Privacy Policy, and our legitimate business, accounting, tax, fraud prevention, dispute resolution, and recordkeeping needs. To the maximum extent permitted by applicable law, we shall not be liable for the deletion or retention of information carried out in accordance with the foregoing.

SECTION 13 - ARBITRATION, GOVERNING LAW AND JURISDICTION

1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us or our Products, you agree to first contact usmile through our support team via email at service@usmile.com or via Postal Address: 8 THE GREEN STE A, DOVER, DE 19901, United States of America. If any dispute cannot be resolved through our support team, you agree that at least 35 days before initiating arbitration, you will send us an individualized notice of the dispute in writing with the salutation "To: usmile Legal Department" and send it via physical mail to 8 THE GREEN STE A, DOVER, DE 19901. The Pre-Dispute Notice must include the date of the notice, your name, your signature, a brief description of the dispute that includes the date or dates of any interactions with us that form the basis of the dispute, the relief sought and, if you are a usmile member, the phone or email associated with your usmile membership account. If the parties are unable to resolve the dispute within the 35 day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to this Section. 

2. ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE USE OF OUR WEBSITE, YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES, OR THE RELATIONSHIP BETWEEN YOU AND USMILE, INCLUDING ANY CLAIMS THAT AROSE BEFORE ACCEPTANCE OF THESE TERMS (COLLECTIVELY, "DISPUTES"), THAT CANNOT BE RESOLVED INFORMALLY, SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH THE AAA'S CONSUMER ARBITRATION RULES THEN IN EFFECT, EXCEPT FOR DISPUTES RELATED TO INFRINGEMENT OR MISUSE OF INTELLECTUAL PROPERTY, AS FURTHER DESCRIBED IN SECTION 13(6), BELOW.

3. YOU AND WE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, INCLUDING BUT NOT LIMITED TO LITIGATION, ARBITRATION, OR MEDIATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS OR MASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND RELATING TO YOUR USE OF OUR WEBSITE, PURCHASE OR USE OF OUR PRODUCTS OR THESE TERMS. You and we agree that any questions regarding arbitrability and the formation, enforceability, validity, scope or interpretation of all or part of these Terms, including compliance with the Pre-Filing Notice Requirement, shall be resolved exclusively by the arbitrator. Any applicable limitations period (including statutes of limitations) shall apply in arbitration like in court. The arbitrator may award any relief allowed by law but damages, declaratory, or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the individual claims adjudicated. The arbitrator shall issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

4. You and we agree that if any portion of this arbitration agreement is found unenforceable, then that portion of the arbitration agreement shall be severed and the remainder of the arbitration agreement shall continue to control.

5. You and we agree that any information exchanged between us in an arbitration may be used solely for that arbitration. You and we also agree to keep any information exchanged between us in arbitration confidential between us, you, your and our attorneys, and the arbitrator. To the extent additional persons require access to information exchanged for purposes of the arbitration, you and we agree to negotiate in good faith for the entry of a protective order that will impose similar confidentiality obligations.

6. Both parties agree that certain disputes, such as those involving intellectual property rights, are expressly prohibited from being subject to mandatory arbitration. While the parties may resolve such exempt disputes in a court of competent jurisdiction according to applicable law, the exemption of these specific claims does not invalidate, waive, or otherwise affect the enforceability of this arbitration clause for all other disputes.

7. These Terms are governed by the laws of the State of New York without reference to rules governing choice of law, and all arbitration proceedings shall be governed by the Federal Arbitration Act. You and we agree that these arbitration agreements and clauses evidence a transaction involving interstate commerce. Unless you and we otherwise agree, if you reside in the United States, the arbitration will be conducted in the county where you reside.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to,【Usmile Trading (HK) Co., Limited】 8 THE GREEN STE A, DOVER, DE 19901,Attn: [Legal Department ].Your written notice must have the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within fifteen (15) days of your first date that you used the Site that contained this Terms of Service. Otherwise you shall be bound to arbitrate disputes in accordance with this section. If you opt out of these arbitration provisions, we also will not be bound by them.

 

SECTION 14 GENERAL PROVISIONS

1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

2. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

3. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

4. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

5. Any notice required under these Terms must be submitted in writing to the receiving party:

(1) By email;

(2) By mail to the address specified in these Terms; or

(3) Where we issue a notice to you by posting it within your account, such notice shall be deemed received 4 hours after it is sent or posted (as applicable); provided that if the notice is sent or posted on a weekend or public holiday, it shall be deemed received on the first business day that is not a weekend or public holiday at the location of the receiving entity.

6. No provision of these Terms, nor any right, power, or remedy created hereunder, may be varied or waived without our prior written consent.

7. Each party shall, at its own cost, take all necessary steps and execute all documents required to give full effect to these Terms and the transactions contemplated herein.

8. The rights, powers, and remedies of the parties provided under these Terms are cumulative and not exclusive of any rights, powers, or remedies provided by law.

9. These Terms are drafted in English but may be translated into other languages. In the event of any conflict between the English version and any translated version, the English version shall prevail.

10. We shall not be liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, government action, fire, flood, epidemic, or shortage of transportation, fuel, or materials.

11. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 15 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes, as they are binding on you.

 

SECTION 16 - ACCESSIBILITY STATEMENT

We are committed to improving the accessibility and usability of our Website and to making reasonable efforts to provide an inclusive online experience for all users. We are continually working to enhance the accessibility of our digital properties.

If you experience difficulty accessing any part of our Website, please contact us at service@usmile.com. We will use reasonable efforts to address your concerns and, where appropriate, provide assistance or alternative means of access.

Accessibility may vary depending on the device, browser, assistive technology, and individual settings you use. Some content or features may not yet be fully accessible in all circumstances. We welcome feedback regarding the accessibility of our Website.

SECTION 17 - CONTACT US 

If you have any questions regarding these Terms or require information about our services, please contact us using the details below.

Mailing Address: 8 THE GREEN STE A, DOVER, DE 19901

Email Address: LegalTeam@usmile.com