Pop On Fresh Foam | 1 Pack

YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS AND CONDITIONS

 LAST UPDATED: 10/19/2023

SECTION 1. INTRODUCTION

These Terms and Conditions (“Terms”) describe your rights and responsibilities when using PopOnSmiles, LLC or Pop On Veneers and all of its subsidiaries, successors in interest, and assigns (collectively, “Pop On Veneers”), and www.poponveneers.com, all related websites, products, services, and related mobile applications (the “Services”).  For the purposes of the Terms, references to “PopOnSmiles”, “the “Site”, “We”, and “Us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.

These Terms constitute a legal agreement between the Site’s customers (“You”) and the Site. By accessing or using the Site, you agree to be bound by the terms and conditions contained in these Terms and all other operating rules, policies and procedures that we may publish from time to time on the Site, including our Privacy Policy, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.  Your acceptance of the Terms and Conditions is indicated by Your continued use of the Site.  Please read everything here carefully, and be sure to contact us if You have any questions.

 

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT (Section 22) WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (AS DEFINED BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN A COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A PART OF A CLASS ACTION. BY USING THIS SITE, YOU WILL BE BOUND TO ARBITRATE ANY DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES DESCRIBED BELOW (Section 22.7). BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

 

SECTION 2. ELIGIBILITY

You must be at least 18 years old to Use the Site. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf, and you may only access and Use the Site with permission from your parent or legal guardian. By using the Site, you represent and warrant that: (a) all information you submit during Account registration is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your Use of the Site does not violate any applicable law or regulation. Your profile and Account may be terminated and deleted without warning if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

SECTION 3. ACCOUNTS & REGISTRATION 

You must set up a user account to use certain features of the Site ("Account"), such as when you register for an account  or purchase products from our site. You will need to provide a password, username, and other information such as your name and email address. You are solely responsible for keeping your Account information confidential. You may not transfer, sell, assign, or sublicense your Account to any third party without our prior written approval. You are solely responsible for all usage or activity on the Site that occurs under your Account, including, but not limited to, Use of the Site by any person who uses your Account, with or without authorization. You agree to notify Pop On Veneers customer service immediately of any unauthorized use or any other breach of security on your Account. Pop On Veneers will not be liable for losses incurred as a result of an unauthorized use of a password or account. Personal information submitted through the Site is governed according to our Privacy Policy.

SECTION 4. MODIFICATION AND TERMINATION 

Pop On Veneers may at any time: (i) modify or discontinue any part of the Site; or (ii) offer opportunities to some or all Site users. Pop On Veneers reserves the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of these Terms. Your continued use of the Site will indicate your acceptance of the current Terms; however, any change to these Terms after your last usage of the Site will not be applied retroactively. Pop On Veneers reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.

SECTION 5. SHIPPING & PROCESSING 

When you order your Pop On Veneers, you will receive an at home impression kit, included with your purchase. We request that you send your impressions back to Us within 45 days. You may also choose to have your impression made with a digital scanner at Our New York City office for no additional fee. You should wait at least seven days after your last dental visit before making your impressions. 

When we receive your impressions, Our designers will evaluate them to ensure the impressions are sufficient to create well-fitting veneers. If the impressions do not pass, we will send out another impression kit with additional guidance. 

Orders typically ship two weeks after we receive your impressions. For additional information regarding our warranty and cancellation policy and for information regarding Gift Cards, please review our Pop On Promise available by visiting www.PopOnPromise.com or clicking this link to our website.

SECTION 6. PRODUCT INFORMATION 

Pop On Veneers distributes products which are solely intended as cosmetic in nature.

Pop On Veneers does not carry out the practices of dentistry in any manner. We do not engage in diagnosis and we do not distribute any product which has a therapeutic benefit or effect. Pop On Veneers does not offer professional advice nor do we provide treatment for dental disorders.  

If you have questions or concerns regarding the suitability of any of our products, or you experience adverse symptoms, it is your responsibility to see a dentist or a licensed medical professional. 

The prices displayed on our Site may differ from prices that are available in stores. Products displayed on the Site may be available in selected Pop On Veneers stores in the United States. The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor or mobile device and may not be accurate. Additionally, from time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. As a result, we do not guarantee the accuracy or completeness of any information on the Site, including prices, product images, specifications, and/or availability. Pop On Veneers reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away.

SECTION 7. TRANSACTIONS

We reserve the right to refuse or cancel any order you place on the Site.  We reserve the right to limit quantities on orders placed by the same Account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We reserve the right to, in our sole discretion, prohibit purchases of any products to resellers, dealers, and distributors.

If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the transactions initiated by you or on your behalf.

Pop On Veneers’ cancellation and refund policy, our Pop On Promise, is available by visiting www.PopOnPromise.com or clicking this link to our website.

Pop On Veneers encourages its customers to use their refund process if there are any issues with their purchase. Therefore, if there is no lawful reason for the chargeback (e.g. no legal right to a refund), customers who file chargebacks will not be eligible to make any other purchases from Pop On Veneers, and your account will remain suspended.

SECTION 8. SITE CONTENTS

All content included on the Site such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively "Content") is owned or licensed property of Pop On Veneers or its suppliers or licensors, and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of Pop On Veneers and protected by U.S. and international copyright laws. Pop On Veneers expressly reserves all intellectual property rights in all Content.

SECTION 9. LICENSE AND ACCESS

Pop On Veneers grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms. You may download, print and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms. 

SECTION 10. UNLAWFUL OR PROHIBITED USES

The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms. As a condition of your use of this Site, you warrant to Pop On Veneers that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

• Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;
• Download, copy or transmit any Content for the benefit of any other merchant;
• Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Pop On Veneers or generally publicly available browsers;
• Frame, mirror or use framing techniques on any part of the Site without Pop On Veneers’ express prior written consent;
• Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, account information, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms;
• Use any meta tags or any other hidden text utilizing Pop On Veneers’ name or marks;
• Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
• Use a buying agent to conduct transactions on the Site;
• Conduct fraudulent activities on the Site;
• Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Pop On Veneers Site) or to the Site (impersonating another user whether such user provided their approval for such action(s) or not);
• Send unsolicited or unauthorized email on behalf of Pop On Veneers or any Pop On Veneers Plus Partner, including promotions and/or advertising of products or services;
• Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
• Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
• Harvest or collect personally identifiable information about other users of the Site;
• Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
• Use the Site to advertise or offer to sell or buy any goods or services without Pop On Veneers’ express prior written consent;
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
• Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

SECTION 11. USER REVIEWS, COMMENTS & SUBMISSIONS

Pop On Veneers welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site via our website or through a third party application such as Google, Yelp, Loox or other “Third Party Applications” , or any content or information you publish through any social media and allow Pop On Veneers to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, "User Content") as long as the User Content submitted by you complies with these Terms. Pop On Veneers may choose to reward user content at its discretion with store credits, gift cards or other methods. User Content will not include any photographs or images you submit as part of a Transaction (as defined below). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Pop On Veneers assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. 

For any User Content you submit, you grant to Pop On Veneers a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world.  You grant the right to Pop On Veneers the right to monetize the User Content (and such monetization may include displaying ads on or within User Content or charging users a fee for access). These Terms do not entitle you to any payments. 

For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Pop On Veneers the right to include the name provided along with the User Content submitted by you; provided, however, Pop On Veneers shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use, and grant to third parties such as Pop On Veneers the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Pop On Veneers neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Pop On Veneers.

SECTION 12. PROMOTIONS AND SPECIAL OFFERS

Occasionally we will offer special promotions to our customers. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only. Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

SECTION 13. TEXT MESSAGING (“SMS”) TERMS OF USE

Pop On Veneers offers its customers mobile alerts about order and shipping updates and other marketing messages about events, new products, and other offers by SMS message (the "Service"). By participating in the Service, you are agreeing to these Terms of Use and to the Privacy Policy. When you opt into our SMS program, you understand and agree that the Website Terms are incorporated into, and become part of, the SMS Terms of Use (and both documents are together, the “Terms”). THE TERMS CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON OUR LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS REGARDING THE SMS PROGRAM.  PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS.

 

SECTION 13.1 SIGNING UP AND OPTING-IN TO THE SERVICE

Enrollment in the Service requires you to provide your mobile phone number and electronic signature to agree to these Terms. Before the Service will start, you will need to submit your phone number to our form on our website, and agree to these Terms. to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this Service and your agreement to these Terms. You may not enroll if you are under 18 years old (except in Alabama and Nebraska, 19 years old). Pop On Veneers reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

• Authorize Pop On Veneers to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
• Acknowledge that you do not have to agree to receive messages as a condition of purchase.
• Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
• Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please click here. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

SECTION 13.2 MESSAGES YOU MAY RECEIVE

Once you affirm your choice to opt in to the Service, your message frequency may vary. You may receive an alert when:

• you are welcomed into the Service
• an order has been placed
• an order has been delivered
• an item or items has shipped; an item or items are ready for an in-store pick up
• there are general marketing or promotions

SECTION 13.3 CHARGES AND CARRIERS

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, Verizon Wireless, Sprint, and T-Mobile USA, and other smaller regional carriers. The Service may not be available on all wireless carriers. Pop On Veneers may add or remove any wireless carrier from the Service at any time without notice. Pop On Veneers and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

SECTION 13.4 TO STOP THE SERVICE

To stop receiving text messages from Pop On Veneers, reply STOP to any of the text messages you have received from Pop On Veneers.  Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Pop On Veneers and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Pop On Veneers through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the Service.

SECTION 13.5 HELP AND QUESTIONS

You can text HELP for help at any time. This will provide you a link to the Terms and Conditions along with an email to ask for assistance. If at any time you forget what keywords are supported, just text “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.  You can also contact us by using this form here.

SECTION 13.6 MOBILE PHONE NUMBER CHANGE

In the event that you change or deactivate your mobile phone number, you agree to notify Pop On Veneers by contacting us here.

SECTION 13.7 DATA AND MESSAGE FREQUENCY 

Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to Pop On Veneers as part of this service. Pop On Veneers may use this information to contact you and provide services you request from Pop On Veneers. Pop On Veneers may also use this information as described in the subscription list you’ve enrolled in. Pop On Veneers may use an automatic dialing system to deliver text messages to you. If you have questions regarding our privacy practices, please read our privacy policy.

As always, message and data rates may apply for any messages sent to you from us and to us from you. This does not include messages non-autodialed messages such as those from sales associates, conversations with “HELP” providers, or package delivery updates.  If you have any questions about your text or data plan, it is best to contact your wireless provider. For questions about the services Pop On Veneers provides, contact us here.

Pop On Veneers will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.

SECTION 14. LINKS TO THIRD-PARTIES’ WEBSITES

The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers’ sites. Pop On Veneers is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Pop On Veneers strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Pop On Veneers of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

SECTION 15. DISCLAIMERS OF WARRANTIES

Pop On Veneers cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY POP ON VENEERS ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. POP ON VENEERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM POP ON VENEERS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, POP ON VENEERS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

SECTION 16. JURISDICTIONAL ISSUES

The Site is controlled and operated by Pop On Veneers from the United States, and is not intended to subject Pop On Veneers to the laws or jurisdiction of any state, country or territory other than that of the United States. Pop On Veneers does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole  or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

SECTION 17. COPYRIGHT INFRINGEMENT POLICY/DMCA

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied or used on the Site in a way that constitutes copyright infringement, please send the following information to the Copyright Agent named below:

• Your address, telephone number, and email address.
• A description of the copyrighted work that you claim has been infringed.
• A description of where the alleged infringing material is located on the Site.
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Our Designated Agent for notice of claims of copyright infringement can be reached at: trademarks@poponveneers.com

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.

Pop On Veneers may at its discretion suspend or terminate the access of and take other action against users, subscribers, registrants, and account holders who infringe the copyright rights of others.

SECTION 18. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL POP ON VENEERS OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF POP ON VENEERS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, POP ON VENEERS OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF POP ON VENEERS’ NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND POP ON VENEERS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND POP ON VENEERS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

SECTION 19. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Pop On Veneers and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

 

SECTION 20. NOTICES & ELECTRONIC COMMUNICATIONS

Except as explicitly stated otherwise, any notices you send to Pop On Veneers shall be sent by email to compliance@poponveneers.com. In the case of notices Pop On Veneers sends to you, you consent to receive notices and other communications by Pop On Veneers posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that Pop On Veneers provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SECTION 21. NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please use this form. You may also contact us by writing to 237 West 37th Street New York NY 10018 or by calling us at (212) 461-6302. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

SECTION 22. AGREEMENT TO ARBITRATE & WAIVER OF CERTAIN RIGHTS

Please read this section carefully. Except as the Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

22.1 AGREEMENT TO BINDING ARBITRATION

Pop On Veneers values you as a customer and asks that you please review our Pop On Promise available by visiting www.PopOnPromise.com or clicking this link to our website. Our Pop On Promise describes our 30 day warranty, which allows you time to evaluate your veneers and ensure you are satisfied.  We are here for you every step of the way.

To that end, you agree to negotiate with Us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, You agree to the dispute resolution provisions below.

Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to Us including, but not limited to, information or representations related to our products and upon which you rely. You may seek to resolve any customer concerns through our Support services at (212) 461-6302 or send the written description by U.S. Mail to 237 West 37th Street New York NY 10018; Attn: General Counsel. 

By agreeing to the Terms, You agree that You are required to resolve any claim that You may have against the Site on an individual basis in arbitration, as set forth in Section 22 herein.  You and the Site agree that any disputes between us (including any disputes between you and a third-party agent of Pop On Veneers) will be resolved through binding and final arbitration and not in a court, except that you may assert claims in small claims court if your claims qualify. This includes, but is not limited to, any dispute, claims, or controversy arising out of or relating to any part of the Terms, or the existence, breach, termination, enforcement, interpretation or validity thereof; or (b) your access to or use of the Site’s services or products at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in the county of your billing address (or such other location as You and the Site mutually agree) and shall be before one arbitrator. The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this agreement.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms as a court would.

Notwithstanding the foregoing, either party may bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright rights, trademarks, trade secrets, patents or other intellectual property rights.

22.2 NO CLASS ACTION

You and the Site each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and the Site agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

22.3 RULES AND GOVERNING LAW

The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms of Service.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York, without regard to its conflict of laws provisions, and consent to the exclusive jurisdiction and venue of courts in New York for all disputes arising out of or relating to the use of the Site.

22.4 ARBITRATION PROCESS

You can begin the arbitration by submitting a Demand for Arbitration, which is a statement containing basic information about the dispute: (a) the names, addresses and phone numbers of the parties involved (you and Pop On Veneers, in most cases); (b) a description of the dispute; (c) and a short statement of the relief you are seeking. The AAA provides a Demand for Arbitration form on its website. Or you may contact the AAA at 800-778-7879.

Complete the Demand for Arbitration and make at least four (4) copies. Keep one copy for your records. Send one copy to Us by certified mail at, Notice of Dispute, 237 West 37th Street New York NY 10018; Attn: General Counsel ("Notice Address").

Send the final two copies of the Demand for Arbitration to the AAA. Please be sure to include (1) a copy of the Site’s arbitration provision (you may obtain a copy from our website); and (2) the appropriate AAA filing fee. We'll promptly reimburse you this amount when we receive a copy of your Demand for Arbitration if your claims are for less than $75,000. If you're unable to pay the AAA filing fee, please inform us by writing a letter to the above address and we'll arrange to pay it directly if your claims are for less than $75,000. The filing fee is currently $200, but the AAA may change the amount of the fee. You may obtain the amount of the fee by consulting the AAA's rules. Those rules may be obtained by visiting the Consumer section on AAA's website, or by calling the AAA at 800.778.7879.

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing.

22.5 ARBITRATOR'S DECISION

Within 14 days from the conclusion of the in-person or telephone hearing or from the submission of all written evidence to the arbitrator, the arbitrator will render a written decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. An arbitrator’s decision shall be final and binding on all parties.

22.6 FEES

For claims of $100,000 (US Dollars) or less, Pop On Veneers will pay all filing, administration, and arbitrator fees (collectively, “Filing Fees”) unless the arbitrator determines that your claim is frivolous. For claims over $100,000 (US Dollars), you will be responsible for the Filing Fees. Pop On Veneers waives its right to seek attorneys’ fees and costs in arbitration.

22.7 OPT-OUT PROCEDURE APPLICABLE TO ALL CONSUMERS

You can decline this agreement to arbitrate by emailing Us at compliance@poponveneers.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms of Service; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept these Terms of Service.

SECTION 23. SEVERABILITY, SURVIVAL AND WAIVER

If any portion of the Terms of Service are found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

The failure of Pop On Veneers to assert a right under these Terms or insist upon compliance with any term or condition of these terms shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by You.

SECTION 24. ADDITIONAL TERMS, MODIFICATION & MISCELLANEOUS

Please review our other terms and policies posted on the Site, including the Privacy Policy ("Additional Terms"). The Additional Terms also govern your Use of the Site are incorporated by reference into, and made a part of, these Terms. These Terms constitute the entire agreement between you and Pop On Veneers relating to the subject matter addressed herein.

We reserve the right to modify, suspend, or discontinue the Site and any service, content, features, or products offered through Site at any time, without notice to you. We will have no liability to you or any third party for modification, suspension, or discontinuance of the Site, or any service, content, feature, or product offered through the Site.

We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you Use the Site, you should review the current Terms. Your continued Use of the Site will constitute your acceptance of the current Terms.

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms and our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You agree that communications and transactions between us may be conducted electronically.

SECTION 25. CONTACT US

If you have any concerns about Pop On Veneers or your use of the Site, please contact us here with a detailed description, and we will try to resolve it.

PopOnSmiles PRIVACY POLICY

Last Updated: January 19, 2024

This Privacy Policy (“Privacy Policy” or “Policy”) explains how PopOnSmiles, LLC, (“Pop On Veneers,” or “Pop On Smiles,” or “we,” or “us,” or “our”) collects personal information based on your interactions with us online, including on our websites PopOnVeneers.com and PopOnSmiles.com(“Sites”) when we offer, sell or ship products through our Sites (the “Services”). This Policy applies to our collection and use of personal information and describes rights you may have with respect to your personal information. By using this Site and otherwise interacting with us, you agree to the terms of our Terms and Conditions, including this Policy.

This Policy does not cover the personal information we collect about employees and independent contractors, or job applicants. 

Notice at Collection: Personal Information We Collect 

We collect the following categories of personal information:

• Personal identifiers: name, email address, your shipping or billing address, telephone numbers, IP address, information you voluntarily submit through forms submitted through our website.
• Commercial and financial information: records of products ordered or considered; other purchasing or consuming histories; and payment information.
• Internet or other electronic activity information: your device and browser type, your browsing and search history on our Sites, and information regarding your interaction with our Sites and our advertisements.
• Audio and video information: recordings of customer service calls for quality assurance purposes; video coaching calls that you request. 
• Inferences drawn from personal information we collect

We have collected the same categories of personal information in the 12 months prior to the date of this Privacy Policy.   

Notice at Collection: Purposes for Collection of Personal Information

We collect your personal information to provide our products to you and fulfill customer orders; to contact you from time to time; to provide you with information about our business; for customer support; to deliver advertisements and marketing promotions and offers about products we think may be of interest to you; to respond to your inquiries; to customize your experience; and to audit and analyze the placement and effectiveness of our advertisements and other marketing efforts.

We also use personal information to monitor or improve our Sites; for internal business analysis; to prevent fraud, activities that violate our Terms of Service or other contracts, or that are illegal; and to protect our rights and the rights and safety of our users or others.

For those who interact with us in a commercial capacity, we use your personal information to engage in business transactions with the entity you represent and market to or engage in diligence with the entities you represent.   

Notice at Collection: Categories of Personal Information We Sell or Share and Related Information

When we engage in digital advertising, we may sell the following categories of personal information (according to the broad definition of “sell” under select state privacy laws) or we may share them for purposes of cross-context behavioral advertising: personal identifiers (IP address); and internet or other electronic activity information.  

These categories of personal information are sold to or shared for cross-context behavioral advertising to advertising networks and other companies that facilitate digital advertising. We engage in such sales and sharing to facilitate digital advertising that is able to reach people that are most likely to be interested in the Services we provide.  We do so by allowing third parties to place cookies or other tracking technologies on our Sites that may collect information about your online activities over time and across different websites or applications.  For more information about the use of cookies and other tracking technologies, see the section “Our Use of Cookies and Analytics” below.  

To opt out of such sales and sharing of personal information, click here.

Notice at Collection: Retention Periods

We retain the categories of personal information we collect for the length of time necessary to provide our Services and to comply with legal obligations or to protect our legal rights.  

Sources From Which We Collect Personal Information

We collect personal information directly from our customers, users of our Sites, and representatives of entities with which we do business or may do business, and from external business partners.  

Disclosure of Personal Information For Business Purposes in the Past 12 Months

The following chart describes the categories of personal information we disclosed to third parties for a business purpose in the 12 months prior to the date of this Policy:

Categories of Personal Information	Categories of Third Parties to Which We Disclosed Personal Information for Business Purposes
Personal identifiers: name, email address, your home or shipping or billing address, telephone numbers, IP address, information you voluntarily submit through forms submitted through our website.	Service providers that process payments, verify customer information, manage customer information and provide customer service (including through our call center), facilitate email communications, provide security services and cloud-based data storage, host our Sites and assist with other IT-related functions, advertise and market our products, provide analytics information, and provide legal and accounting services.
Commercial and financial information: records of products ordered or considered; other purchasing or consuming histories; and payment information.	Service providers that process payments, verify customer information, manage customer information and provide customer service (including through our call center), facilitate email communications, provide security services and cloud-based data storage, host our Sites and assist with other IT-related functions, advertise and market our products, provide analytics information, and provide accounting services.
Internet or other electronic activity information: your device and browser type, your browsing and search history on our Sites, and information regarding your interaction with our Sites and our advertisements.	Service providers that provide security services and cloud-based data storage, host our Sites and assist with other IT-related functions, advertise and market our products, and provide analytics information.
Audio and video information: recordings of customer service calls for quality assurance purposes; video coaching calls that you request.	Service providers that manage customer information and provide customer service (including through our call center).
Inferences drawn from personal information collected	Service providers that advertise and market our products.

Business Purposes for Such Disclosures 

We disclosed the aforementioned categories of personal information to the categories of third parties identified above for the following purposes: to manage customer, supplier and vendor accounts and relationships; process payments; verify customers’ identities; fulfill orders and transactions; engage in advertising and marketing; operate our IT systems and secure our systems; prevent fraud and other illegal activities; and to obtain professional advice about legal and accounting matters.    

Additional Information About How We May Disclose Personal Information and Purposes for Disclosures

We may also disclose your personal information as required or permitted by law to comply with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property or the rights, property or safety of others, including to law enforcement agencies, and judicial and regulatory authorities. We may also disclose your personal information to third parties to help detect and protect against fraud or data security vulnerabilities. And we may disclose or transfer your personal information to a third party in the event of an actual or potential sale, merger, reorganization of our entity or other restructuring.

Our Use of Cookies and Analytics 

We may use cookies, pixel tags, web beacons and other similar tracking technologies (“tracking technologies”) to automatically collect information through our Sites. Tracking technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that record certain pieces of information when you visit our Sites. We may use these tracking technologies to help identify irregular behavior, prevent fraudulent activity and improve security, as well as making it possible for you to save your preferences and help us understand how you interact with our Sites.  

We also allow third parties to use tracking technologies on our Sites for analytics and advertising.  They assist in helping display advertisements, tailor advertisements to your interests, provide us with information about the use of the Sites, and help us determine if you require assistance or are having problems navigating on our Sites.  Some of these third parties use the tracking technologies to collect information about how you interact with other website and advertisements across the Internet in order to provide advertising that is tailored to your interests, and which may appear on our Sites or on other website or platforms. 

You may set your browser to notify you when you receive a cookie. Many web browsers also allow you to block cookies. You can disable cookies from your computer system by following the instructions on your browser or at www.youradchoices.com.

Our Use of Microsoft Clarity

We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.

Personal Information of Minors

Our products and Sites are not directed to minors under the age of 13 and we do not knowingly sell or share for purposes of behavioral advertising the personal information of minors, including minors under 16 years of age. 

Do Not Track Signals

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals.  

Third Party Websites and Social Media Buttons

Our Sites may contain links to third party websites, including social media buttons that link to social media platforms. This Policy does not govern how those third parties or social media platforms collect or use personal information and we do not endorse or have control over their practices.  The privacy policies and terms of use for those third parties’ websites/apps or social media platforms govern those companies’ privacy practices. We are not responsible for the content or privacy practices of any third-party websites or platforms.

How We Keep Your Personal Information Secure

We implement and maintain reasonable security appropriate to the nature of the personal information that we collect, use, retain, transfer or otherwise process.  However, there is no perfect security, and reasonable security is a process that involves risk management rather than risk elimination.  While we are committed to maintaining a reasonable information security program, no such program can be perfect; in other words, all risk cannot reasonably be eliminated. Data security incidents and breaches can occur due to factors that cannot reasonably be prevented.  Accordingly, it cannot be assumed that the occurrence of any given incident or breach results from our failure to implement and maintain reasonable security.

Changes to This Policy

We will review and update this Policy from time to time.  If changes are made, we will update the Privacy Policy and reflect the date of such modification in the date above. If the changes are material, you will be notified via email or a notice on our Sites.

Accessibility

We are committed to ensuring that our communications are accessible to people with disabilities. To make accessibility-related requests or report barriers, please click here or call 212-461-6302.

Contact Us

If there are any questions regarding this Privacy Policy or to request a copy of this Privacy Policy in another format you may click here or 212-461-6302.

US State Data Privacy Rights 

Laws in certain US states give residents of those states specific rights with respect to the personal information collected about them.  See below for more information.  

CALIFORNIA PRIVACY RIGHTS 

If you are a California resident, the California Consumer Privacy Act (“CCPA”) and other laws provide you with the following rights with respect to your personal information:  

Your Right To Know About Personal Information We Collect 

You can ask us for the following information from us with respect to the personal information we have collected about you since January 1, 2022:

• Specific pieces of personal information we have collected about you; 

• Categories of personal information we have collected about you; 

• Categories of sources from which such personal information was collected; 

• Categories of personal information that the business sold or disclosed for a business purpose about the consumer;

• Categories of third parties to whom the personal information was sold or disclosed for a business purpose; and 

• The business or commercial purpose for collecting or selling your personal information.

Your Right To Request Deletion of Personal Information We Have Collected From You

Upon your request and subject to exceptions in the law, we will delete the personal information we have collected from you.

Your Right to Request to Correct Personal Information We Hold About You

You have the right to request that we correct personal information we hold that you believe is not accurate.  We will take steps to determine the accuracy of the personal information that is the subject of your request to correct, and in doing so will consider the totality of the circumstances relating to the personal information you have identified as being incorrect.  We may ask that you provide documentation regarding your request to correct in order to assist us in evaluating the request.  

Your Right to Ask Us Not to Sell or Share Personal Information We Have Collected About You

With respect to those categories of personal information that we sell to third parties or share with third parties for the purpose of cross-context behavioral advertising, you have the right to opt out of such sales and sharing.  

With respect to those categories of personal information that we sell to third parties or share with third parties for the purpose of cross-context behavioral advertising, you have the right to opt out of such sales and sharing.  

We recognize the Global Privacy Control signal and do so at the browser level.  This means that if the signal is sent through a specific browser, we will recognize it for that browser only, and only with respect to the identifiers for that browser.  If you would like more information about opt-out preference signals, including how to use them, the Global Privacy Control website has such information (https://globalprivacycontrol.org/). 

California Shine the Light

California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits California residents to annually request, free of charge, information about the personal information (if any) disclosed to third parties for direct marketing purposes in the preceding calendar year.  To make a request, please click here or call 212-461-6302.

Our Commitment to Honoring Your Rights

If you exercise any of the rights explained in this Privacy Policy, we will continue to treat you fairly.  If you exercise your rights under this Privacy Policy, you will not be denied or charged different prices or rates for goods or services or provided a different level or quality of goods or services than others.

Exercising Your Rights and How We Will Respond

To exercise your rights to know, delete or correct your personal information, or to ask a question, click here or call  212-461-6302. For such requests, we will first acknowledge receipt of your request within 10 business days of receipt of your request.  We will then provide a substantive response to your request as soon as we can, generally within 45 days from when we receive your request, although we may be allowed to take longer to process your request in certain jurisdictions or under certain circumstances.  If we expect your request is going to take us longer than normal to fulfill, we will let you know.

You can direct us not to sell your personal information or share it for purposes of cross-context behavioral advertising here.  For such requests, we will comply no later than 15 business days after receipt of your request.  

We usually act on requests and provide information free of charge, but we may charge a reasonable fee to cover our administrative costs of providing the information in certain situations.  In some cases, the law may allow us to refuse to act on certain requests.  When this is the case, we will endeavor to provide you with an explanation as to why.

Verification of Identity – Requests to Know, Delete or Correct 

We will ask you for two pieces of personal information and attempt to match those to information that we maintain about you.

If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request.  We will notify you to explain the basis of the denial.

Authorized Agents

You may designate an agent to submit requests on your behalf.  The agent can be a natural person or a business entity.

If you would like to designate an agent to act on your behalf, you and the agent will need to comply with our verification process: 

• Requests to Know, Delete or Correct Personal Information: If the agent submits a request, the agent will need to provide us with your signed permission indicating the agent has been authorized to submit the request on your behalf.  We will also require that you verify your identity directly with us or confirm with us that you provided the agent with permission to submit the request. 
• Requests to Opt Out of Sale or Sharing: If the agent submits a request to opt out of the sale of your personal information or the sharing of your personal information for purposes of cross-context behavioral marketing, the agent will need to provide us with your signed permission indicating the agent has been authorized to submit the opt-out request on your behalf.  

Please note that this subsection does not apply when an agent is authorized to act on your behalf pursuant to a valid power of attorney.  Any such requests will be processed in accordance with California law pertaining to powers of attorney.

VIRGINIA PRIVACY RIGHTS 

The Virginia Consumer Data Privacy Act (“VCDPA”) grants Virginia residents the following rights with respect to their personal information we collect:  

• Right to Know: The right to confirm whether or not we are processing their personal information and to access such data. 

• Right to a Copy:  The right to a portable copy of the personal information we have collected from them.  

• Right to Delete: The right to request deletion of their personal information that we have collected about them and to have such information deleted, subject to certain exceptions.  

• Right to Correct: The right to ask that we correct inaccuracies in their personal information, taking into account the nature of personal data and purposes of processing such information.

• Right to Opt Out of Targeted Advertising: To the extent we engage in targeted advertising, the right to ask us to stop processing their personal information for such purposes.   

While Virginia law provides the right to opt out of the sale of personal information, we do not sell personal information consistent with the definition of “sale” under Virginia law. 

Please note that for the purpose of this section of this Policy, we consider “personal information” to have the same meaning as “personal data” as defined under the VCDPA.

Exercising Your Rights and How We Will Respond

Contact us here to exercise the right to know, obtain a portable copy of, delete, or correct your personal information.  We will respond to such requests within 45 days from when we receive your request, although we may be allowed to take longer to process your request under certain circumstances.  If we expect your request is going to take us longer than normal to fulfill, we will let you know.

You can direct us not to process your personal information for purposes of targeted advertising here.  

We usually act on requests and provide information free of charge, but we may charge a reasonable fee to cover our administrative costs of providing the information in certain situations.  

Verification of Identity – Requests to Know, Delete, Correct

We will ask you for two pieces of personal information and attempt to match those to information that we maintain about you.

If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request.  We will notify you to explain the basis of the denial.

When We Do Not Act on a Request – Appeal Process 

In some cases, we may not act on your requests (e.g., if we cannot do so under other laws that apply). When this is the case, we will explain our reasons for not providing you with the information or taking the action (e.g., correcting data) you requested.    

Additionally, you have the right to appeal our decision by contacting us here within 30 days after your receipt of our decision.  Please provide us with the form submission date of your initial request. We will respond to your appeal within 60 days of our receipt of the request.  

PopOnSmiles, LLC
237 West 37th Street 3rd Floor
New York, New York 10018

We’re here for you every step of the way!

 

POP ON PROMISE WARRANTY, REMAKE, AND RETURN POLICY

INTRODUCTION

MAKING IMPRESSION TEETH MOLDS

CANCELLATIONS

DIGITAL IMPRESSION APPOINTMENTS

VIDEO IMPRESSION APPOINTMENTS

REMAKES FOR VENEERS

SECOND REMAKES FOR VENEERS

COLOR CHANGE FOR VENEERS

ADD ARCH FOR VENEERS

RUSH PROCESSING

RETURN POP ON VENEERS

LOSS PROTECTION PLANS

SPARE VENEERS

NIGHT GUARDS

GIFT CARDS

DEDUCTIONS / PROCESSING FEES

 

WARRANTY, REMAKE, AND RETURN POLICY

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INTRODUCTION

Thank you for choosing Pop On!

We’re excited for you to start celebrating with your new Pop On order and we're here for you every step of the way. Throughout your journey, please reference our Terms and Conditions that describe your rights and responsibilities when using our website and service.

When you are a new customer, and you order your Pop On Veneers or Nightguards, you will receive an at home impression kit. We request that you send your impressions back within 45 days. You may also choose to have your impression made with a digital impression scanner at our NYC office.  If you are undergoing dental treatment, please wait at least seven days after your last dental visit before making your impressions.

When we receive your impressions, our designers will evaluate them to ensure the impressions have the right details to create well fitting veneers or nightguards. If the impressions do not pass, we will send out another impression kit with additional guidance.

Once you receive your Pop On order, we offer a 30 day warranty to allow you time to evaluate your Pop On order and ensure you are satisfied (“Warranty Period”).

Throughout your journey, you may have questions. Below we describe cancellations, remakes, and return options for your Pop On order.

MAKING IMPRESSION TEETH MOLDS

If you have any questions while making your impression teeth molds, you're welcome to contact us. We're also happy to schedule a video call for you with one of our impression coaches to walk you through the process. Whatever is best for you, we're here for you every step of the way!

CANCELLATIONS

You may request an order cancellation within 120 days of placing your order by Clicking Here.  Any unopened, unused impression kits are fully refundable once returned.

We must receive a completed cancellation request form within the 120 day cancellation window to be eligible. After 120 days, order cancellations are not possible, but we would be happy to work with you to proceed with your order.

If you are eligible for a refund, upon receipt of your completed cancellation request form, we will issue a partial refund less the processing fee deductions listed below. Refunds will be processed to the payment method on file within 3 business days of receiving your request excluding weekends and holidays. An email notification will be sent to you once the refund is processed.  It typically takes up to 10 business days for your funds to be returned to your account by your financial institution. Please note that we cannot issue a refund to an alternate payment method.

Pop On orders are not eligible for cancellation once you return your impressions and they are approved.  After that point, all cancellations are subject to the return policy below. 

DIGITAL IMPRESSION APPOINTMENTS

If you plan to schedule an in person digital impression scan appointment, please do so within 30 days of placing your order by clicking here.  If you cancel within 30 days a full refund will be issued. If you cancel after 30 days, a $29 processing fee will apply.

If you need to reschedule your in-person appointment, please do so at least 24 hours before your appointment.

If you do not show up to your appointment without 24 hour advance notification, your order will be subject to a $50 no show fee.

VIDEO IMPRESSION APPOINTMENTS

If you need to reschedule your video impression appointment, please do so at least 24 hours before your appointment by clicking here.

If you do not show up to your video impression appointment without 24 hour advance notification, your order will be subject to a $50 no show fee.

REMAKES FOR VENEERS

Our goal is for you to be satisfied with your new smile.  Therefore, we offer the option to remake your Pop On Veneers, within 30 days of delivery, up to a maximum of two times.

Remakes are not available if your teeth have been altered in any way after your impressions were made or if the remake is due to an event outside of our control such as being lost, damaged by a pet, or stolen.

If you financed your order using a Partial.ly payment plan, your Partial.ly payment plan must be in good standing for a remake. If your Partial.ly payment plan is defaulted, you must reopen your defaulted payment plan or pay the remaining balance in full within your 30 day warranty period to be eligible for your remake.

To initiate a remake, please Click Here.

Please note we must receive a completed request form within your 30 day warranty period to be eligible. Once your request is initiated, you will have 30 days to return your original veneers using a prepaid label we will provide for you. If we do not receive your veneers within 30 days of your request, you will no longer be eligible for the remake.

When ordering Top AND Bottom veneers, the veneers are designed to be worn together.  As a result, if you would like to remake only a single arch and return the other arch, we recommend remaking both arches together. A remake and return cannot be processed at the same time, once a return is processed no further remakes are available.

If you receive your first remake, and your original veneers have not been returned, you will not be eligible for any further remakes or a return for a partial refund.

SECOND REMAKES FOR VENEERS

If we have remade your veneers one time, and you are still not satisfied with your veneers, we offer the option of a second remake. To initiate a second remake, please Click Here.

We must receive a completed request form, as well as your original veneers, within your 30 day warranty period to be eligible.  Once your request is initiated, you will have 30 days to return your first remake veneers using a prepaid label we will provide for you. If we do not receive your first remake veneers within 30 days of your request, you will no longer be eligible for the second remake.

When ordering Top AND Bottom veneers, the veneers are designed to be worn together.  As a result, if you would like to remake only a single arch and return the other arch, we recommend remaking both arches together. A remake and return cannot be processed at the same time. Once a return is processed no further remakes are available.

Please note that when you choose to proceed with a second remake, your veneers will no longer be eligible for any further remakes or a return for partial refund.

COLOR CHANGE FOR VENEERS

If you are happy with your veneers, but would like to try another color, we offer the option to purchase another set of veneers at a discounted price.  To learn more, please visit Spare Veneers. Spare Veneers can only be made from approved impressions and designs that we have on file.

ADD ARCH FOR VENEERS

If you placed an order for Top or Bottom, and would now like to order the other arch, please email Team@poponveneers.com and we will guide you through the process.

RUSH PROCESSING

Standard production time is approximately 2 weeks. If you need your veneers sooner, you have the option to upgrade from our standard 2 weeks to 1 week production time. Please note, 1 week production time excludes weekends and holidays.

 

1 week rush processing can be purchased for a non-refundable fee here.

 

Please note, the rush processing fee is per order, and does not apply to all future orders or remakes. If you would like rush processing on any future orders or remakes, you will need  to purchase rush for each individual order you would like it applied to.

 

Additionally, if needed, we offer overnight shipping for the continental US on completed veneers for a non-refundable shipping fee. Please email Team@poponveneers.com to update your shipping speed.

RETURN POP ON VENEERS

If you wish to return your veneers within 30 days of delivery, you may request a return by Clicking Here.  

We must receive a completed request form within your 30 day warranty period to be eligible.  Returns are available for your first order and your first remake veneers. If you are past your 30 day warranty, please visit Spare Veneers.

Once your request is initiated, you will have 30 days to return your veneers using a prepaid label we will provide for you. If we do not receive your veneers within 30 days of your request, you will no longer be eligible for the return, and no partial refund will be issued.

If you are returning your Pop On Veneers and also received remake veneers, in order to be eligible for your partial refund, you will need to return both the original and the remake veneers.

When ordering Top AND Bottom veneers, the veneers are designed to be worn together.  Should you decide to return either top or bottom, we can no longer remake the other arch, since the design will change.  As a result, if you would like to return only a single arch and remake the other arch, we recommend remaking both arches before initiating any return. Once a return is processed no further remakes are available. 

Upon receipt of your returned veneers, we will issue a partial refund to the payment method on file less the processing fee deductions listed below.  Please note that we cannot issue a refund to an alternate payment method. Refunds will be processed within 5 business days of receipt excluding weekends and holidays. An email notification will be sent to you once the refund is processed.  It typically takes up to 10 business days for your funds to be returned to your account by your financial institution.

LOSS PROTECTION PLANS AND LOST PROTECTION VENEERS

 

Introduction

Loss Protection Plans offer you the opportunity to protect your Pop On Veneers for one incident of Loss, Breakage, Damage or Theft within one year of purchase of your Pop On Veneers.

 

When you purchase the Loss Protection Plan, you will receive a one time use code by email within 48 hours (excluding weekends and holidays), to redeem for Loss Protection Veneers. No physical item will be shipped until you have redeemed your one time use Loss Protection Code. 

 

You can choose to order your Loss Protection Veneers in the color of your choice. No proof of Loss, Breakage, Damage or Theft  is necessary to redeem your Loss Protection Plan. Your code is unique to your order and is non transferable. Limit one Loss Protection Plan per order (associated with one email address). Shipping fees may apply.

 

PURCHASING LOSS PROTECTION PLANS

Eligibility

Loss Protection Plans can be purchased at Checkout. If you forgot to add it to your order, please Contact Us within 7 days of placing your Pop On Veneers order.

 

Loss Protection Plans are not available for Spare Veneers, Remake Veneers or Night Guards.

 

If you purchase a Loss Protection Plan for both Top and Bottom arches, you must redeem both arches at the same time, they cannot be redeemed separately.

 

Refunds of Loss Protection Plans

Loss Protection Plans are not refundable on their own, without a corresponding cancellation or return of your Pop On Veneers order.

 

Refunds for Loss Protection Plans are issued if your Pop On Veneers order is canceled within the 120 day cancellation window. Your payment for the Loss Protection Plan will be refunded along with any eligible partial refund for your Pop On Veneers order per the Pop On Veneers cancellation policy above.

 

If you request a return of your Pop On Veneers and your Loss Protection Plan Code has not been redeemed, you will be issued a refund for the Lost Protection Plan cost in addition to any eligible partial refund for your Pop On Veneers order per the Pop On Veneers return policy above.

 

If you cancel or return your Pop On Veneer order, you are no longer eligible to redeem your Loss Protection Plan for Loss Protection Veneers and you must place a new Pop On Veneers order.

 

If your Loss Protection Code has been redeemed, your original Pop On Veneers order is no longer eligible for a return for partial refund, even if the return is requested within your 30 day warranty period.

 

Loss Protection Plans are not eligible for a cancellation or return for refund once the Loss Protection Veneer order is initiated.

 

LOSS PROTECTION VENEERS

 

To redeem your Loss Protection Plan, you will use the code emailed to you to order your Loss Protection Veneers. The code is valid to be redeemed from the time your original Pop On Veneers order is delivered and until 365 days from your original purchase date. Shipping fees may apply.

 

If you have not redeemed your plan within one year, then the Loss Protection Plan is no longer valid and will no longer be eligible for redemption.

 

Loss Protection Veneers can only be made using the impressions and designs we have on file. If you are having fitting issues or would like design changes, please email team@poponveneers.com and we will gladly provide you with the options we can offer.  

 

Loss Protection Veneers will require our standard two weeks in lab production time.  One Week Rush Processing may be available for additional fees.

Remakes of Loss Protection Veneers

Our goal is for you to be fully satisfied with your Loss Protection Veneers. If you are not satisfied, we can remake your Loss Protection Veneers one time from your digital design, within 30 days of delivery.  To initiate a remake, please Click Here. We must receive a completed request form within your 30 day warranty period to be eligible. Once your request is initiated, you will have 30 days to return your Lost Protection Veneers using a prepaid label we will provide for you.

 

Loss Protection Veneers are not eligible for a remake for color changes.

 

Partial.ly Defaults

If you have a previous order that was financed with a Partial.ly payment plan and you are defaulted, you are not eligible to make any further purchases or redeem your Loss Protection Plan code until the defaulted order(s) are paid in full.

SPARE VENEERS

Our goal is for you to be fully satisfied with your Spare Veneers.  If you are not satisfied, we offer the following options:

Canceling Spare Veneers
Spare Veneer orders that are canceled prior to shipping will incur a cancellation fee of $30 per arch.  To cancel your spare veneers, please Click Here

Remake Spare Veneers
We can remake your Spare Veneers one time from your digital design, within 30 days of delivery.  To initiate a remake, please Click Here.

Please note we must receive a completed request form within your 30 day warranty period to be eligible. Once your request is initiated, you will have 30 days to return your original Spare Veneers using a prepaid label we will provide for you. If we do not receive your veneers within 30 days of your request, you will no longer be eligible for the remake.

Please note remakes for color changes are not available.

Spare Veneers can only be made using the impressions and designs we have on file. If you are having fitting issues or would like design changes, please email team@poponveneers.com and we will gladly provide you with the options we can offer.

If you returned your original Pop On Veneer order for a refund, you are no longer eligible for spare pricing and must place a new order.

Return Spare Veneers
If you decide you would like to return your Spare Veneers, please see below under our Deductions section for the processing fees associated with the return. Please note returns for color changes are not available.  

To initiate a return, please click here.

Once you place a Spare Veneer order your original Pop On Veneer order is no longer eligible to be returned for a refund even if you are still within your 30 day warranty period.

Please note, if you have a previous order that was financed with a Partial.ly payment plan and you are defaulted, you are not eligible to make any further purchases until the defaulted order(s) are paid in full.

NIGHT GUARDS

Our goal is for you to be fully satisfied with your night guard.  If you are not satisfied, we offer the following options:

Canceling Night Guards
Canceling your night guard order when a new impression was done, will fall under our general cancellation policy as listed above.  Please Click Here to initiate your cancellation.

Night guards ordered from a previous digital file, that are canceled prior to shipping will incur a cancellation fee of $35 per night guard.  To cancel your night guard, please Click Here

Remake Night Guards
We can remake your Night Guard one time, within 30 days of delivery.  To initiate a remake, please Click Here.  

Return Night Guards
If you decide you would like to return your Night Guard, please see below under our Deductions section for the processing fees associated with the return.  To initiate your return, please Click Here.

GIFT CARDS

Unless otherwise required by Applicable Laws, PopOn Gift Cards are:

• Not redeemable for cash;
• Not refundable;
• Not reloadable (customer cannot add funds to the gift card);
• Have no activation or service fees other than fees upon original purchase. (for example, there is no fee that would reduce the value of the card over time);
• Can be only used for the purchase of goods or services from Pop On Veneers and no other merchant;
• Subject to our standard terms and conditions.
• For further questions about gift cards, please check our gift card FAQ

DEDUCTIONS / PROCESSING FEES

• Order cancellation fee: -$49
  
• For each impression kit that was shipped to you: -$49
  
• For each digital impression scan at NYC lab: -$49
  
• For each "no show" appointment (video or in person): -$50
  
• For orders placed with Partial.ly, payment plan fee: -$99
  
• For re-opened Partial.ly payment plans, any reopen plan fee(s): -$99
  
• Top & Bottom Pop On Veneers or Spare Veneers returned: -$105
  
• Top OR Bottom Pop On Veneers or Spare Veneers returned: -$65
  
• Top & Bottom Pop On Veneers + Remake Veneers: -$210
  
• Top OR Bottom Pop On Veneers + Remake veneers: -$130
  
• Night Guards returned: -$35 per Night Guard

The following add on items are not eligible for a refund:

• Rush option (after impressions are approved)
• Overnight expedited shipping option

 

We are here for you every step of the way. Should you have any additional questions to clarify, please email team@poponveneers.com or call 212-461-6302.

Thank you for choosing Pop On Veneers.

Revised
7/9/2024