Illuminated Teeth Terms
These Terms and Conditions (Terms) are entered into by the customer that accepts these Terms electronically (you or your. means you and your agents, as applicable), and Illuminated Teeth LLC (COMPANY). These Terms govern your purchase of company' s teeth whitening kit(the Product). These Terms may be updated from time to time, without notice to you. Your continued purchase of the Product constitutes your acceptance to the new Terms.
1. IMPORTANT DISCLAIMER
If you are under the age of 18 (or under the age of 19 and you live in Alabama, Alaska, New Jersey, Utah and New York) please leave this Site immediately. By entering this Site, you represent that you are at least 18 years of age, or 19 in those jurisdictions mentioned above.
PLEASE NOTE THAT IF YOU ARE A RESIDENT OF OREGON, YOU MAY NOT PURCHASE THE PRODUCT.
The Product should not be used by anyone under the age of 18.
Information and statements regarding product have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
3. Electronic Signature:
Whenever you visit Illuminatedteeth.com, send an email, or login to our website, you are communicating to us electronically. If you chose to do so, you give Illuminatedteeth.com the permission to reciprocate communication in the same electronic format either by email or notices on the site. You, the user, agree that all notices, agreements, disclosures, or contracts we provide electronically satisfy all legal requirements that communications must be in writing. You may send comments, ideas, questions, or other information as long as information is not illegal, threatening, misleading in any way, derogatory, or injurious to any party. You agree not to send software viruses, spam mail, chain mail, or anything unrelated to services or our products.
4. PURCHASING THE PRODUCT:
a. When you place a trial order you agree to the terms and conditions. The terms and conditions state that you pay upfront $3.99 for shipping and handling. We are so confident that you will like Illuminated Teeth that we will allow you 14 days from the date you place your order to try the product. Customer also have the option to call or e-mail us the day in which they received their product, and at that time we will reset your 14 day trial offer so that it starts the day in which you received your product. If after evaluating Illuminated Teeth and you are not completely satisfied, call us during regular business hours before your 14 day trial offer expires. If you enjoy Illuminated Teeth as we know you will, simply do nothing and you will be billed 14 days later $89.99 + 3.99 S/H. We aim to make your life easier and your workout better, we will ship you more Illuminated Teeth 30-days from your initial order giving you enough time to enjoy your original kit of Illuminated Teeth for $89.99 + $3.99 S/H every 30 days. Please know that the 14 day trial offer is one of the many ways in which you can purchase Illuminated Teeth, if the 14 day trial offer is not for you then you can always place orders as wanted, opposed to being on a membership. Please call or email to cancel at firstname.lastname@example.org or call 800.243.4201
b. Restocking fee of $20.00 to destroy the product.
5. Product ships same day except Sundays. We ship via priority mail with delivery confirmation.
6. Product Return, Cancellation, and Refund Policy
a. We want to make sure your happy, please note that we do not issue refunds past the 14 day trial period. The only time Illuminated Teeth will accept a return past the trial date is if the product is unopened with the seal unbroken.
b. Once we receive the unopened product back we issue a refund. When returning a product customers must obtain a Return merchandise authorization number, which they must mail along with the product.
c. If you wish to cancel, which you can do at any time you can call us at 800.243.4201 and or email us at email@example.com . You will receive our product monthly at $89.99 + $3.99 until you cancel, by calling 800.243.4201 or emailing us at firstname.lastname@example.org . Please call us for a military discount, God Bless Our Troops!
d. Also note: We DO NOT accept any returns or refunds outside of the 14 days to try Illuminated Teeth again unless its unopened and follows the above return requirements including calling for an RMA number.
e. Product Returns: If after 14 days you do not like the product please return it
f. If a product is returned past the 30 days, even if the product is unopened it will not be accepted. Please know that an item must be in our offices by the 30th day not post marked by that date. In the event that you are not able to have a returned item back in our offices by the 30th day please knows that we will issue a $10 refund, and return the product back to you. Your 30 days starts the day in which you are charged for the product not the day in which you received your product, as we have no way of knowing that exact date as it depends on where in the county you live. If any of this is unclear to you in any way please know that it is the customers responsibility to contact us, we would be more then happy to answer any questions you might have.
g. Your Satisfaction is guaranteed. If you're not satisfied, call us at 800.243.4201
h. refunds are processed same day and will show in 3-5 days.
7. Risk of Loss of Product
Any item purchased or supplied by Illuminated Teeth is made pursuant to a shipment contract. This means
the risk of loss and title for these items passes to the buyer upon delivery to the carrier. The buyer trusts that Illuminated Teeth will provide a secure method of shipment. Tracking numbers will be supplied at your request. Illuminated Teeth uses the United States Postal Service to ship our products, this means that a signature is NOT required upon delivery. If you have a PO Box or a mail box that is too small for the package, the United States Postal Service will leave a notice on your door and you will have to pick your package up at your local post office. Please know that the post office will only hold packages for 14 days, if the package is unclaimed after 14 days the post office will send the product back to Illuminated Teeth. Illuminated Teeth is not responsible for products once they have been shipped out of our offices. We provide tracking numbers to customers who ask for them, please allow the United States Postal Service 3 days (from the date of your purchase) to issue a tracking number to your package.
7. GENERAL PAYM ENT I NFORM ATI ON
All fees are payable in United States currency. Upon prior written notice to you (i.e., email), Illuminated Teethreserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. If you do not agree with these changes, you may cancel your membership in the Program, as applicable, at any time, but you will remain responsible for timely payment of any and all fees that you have already incurred (including any applicable late fees). Continued acceptance of the Product, after receipt of such notice shall constitute consent to any and all such changes. If you fail to make any scheduled payment for a Product, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly and Illuminated Teethmay, in its sole discretion, decide to terminate your membership in the Program for non-payment.
8. License Grant
Illuminated Teethgrants you a limited license to access and make personal use of the website and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Illuminated Teeth.
Upon request by Illuminated Teeth, you agree to defend, indemnify, and hold harmless Illuminated Teethand its affiliates, their employees, contractors, agents, representatives, officers, directors, co- branders, content licensors and/or other partners from all liabilities, claims, and expenses, including without limitation attorneys fees that arise from: (a) your use of the website or the Products; and/or (b) your breach of these Terms and the terms of the Program. Illuminated Teethreserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Illuminated Teethin asserting any available defenses.
All content included on this website, including but not limited to text, graphics, logos, button icons, images, and audio clips, digital downloads, and data compilations, is the property of Illuminated Teethand is protected by United States and international copyright laws.
11. Third Party Sites
Illuminated Teethmay allow third parties to advertise on the website. Please be
aware that Illuminated Teethis not responsible for the business and privacy practices of these other sites. Illuminated Teethencourages you to be aware of this when you leave the website and to read the legal notices and privacy policies of each and every website you visit. The website also contains links to other websites on the Internet that are owned and operated by third parties. Illuminated Teethdoes not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Illuminated Teethof the applicable website or any association with the website.s operators. Because COMPANY has no control over such websites and resources, you agree that Illuminated Teethis not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. You agree that Illuminated Teethshall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
12. Disclaimer of Warranties
THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELCOMPANYTUAL PROPERTY AND/ OR FITNESS FOR A PARTICULAR PURPOSE). COMPANY MAKES NO WARRANTY THAT THE WEBSITE OR THE PRODUCT OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. 13. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE
FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE AND THE PRODUCT ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY PRODUCT PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR PERSONALLY IDENTIFIABLE DATA; (D) THE FAILURE TO REALIZE ANY SPECIFIC WEIGHT-LOSS, BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND (E) ANY OTHER MATTER RELATING TO THIS WEBSITE OR THE PRODUCT OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE THIS WEBSITE, THE PRODUCT AND/OR SERVICES OFFERED ON THE WEBSITE, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS COMPANY.S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Choice of Law and Arbitration Provision
Any dispute arising out of or related to these Terms, which cannot be resolved by negotiation (including, without limitation, any dispute over the arbitrability of an issue), will be settled by binding arbitration in accordance with the J.A.M.S Arbitration Rules and Procedures. The arbitration will be held in Middlefield CT. The costs of arbitration, including the fees and expenses of the arbitrator, will be borne by the party initiating the action unless the arbitration award provides otherwise. Each party will bear the cost of preparing and presenting its case. The parties agree that the arbitrator has no power or authority to make awards or issue orders of any kind except as expressly permitted by these Terms, and in no event does the arbitrator have the authority to make any award that provides for punitive or exemplary damages. The award may be confirmed and enforced in any court of competent jurisdiction. These Terms shall be treated as though it were executed and performed in Middlefield, Connecticut and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles).
We may offer discounts based on promo codes that may be entered. Those promos are only available with the right code or unless we decide to offer discounts during a particular period.
You represent and warrant that (a) you are at least 18 years of age (or 19 years of age in the jurisdiction mentioned above); (b) you have the full right, power and authority to enter into this agreement; (c) by entering into this agreement you are not breaching any duty or obligation to any third party; and (d) the person consenting to these Terms is your duly authorized representative and authorized to bind you to the terms of these Terms. You may not assign or delegate any or all of your rights, obligations, and duties under these Terms without the prior written consent of Illuminated Teeth, which may be withheld in Illuminated Teeth s sole discretion. If any clause or provision in these Terms is determined to be invalid or unenforceable, it will not affect the validity of any other clause or provision these Terms, which will remain in full force and effect. No waiver of any of the provisions of these Terms is binding unless it is in writing and signed by Illuminated Teeth. The failure of either Illuminated Teethto insist on the strict enforcement of any provision of these Terms does not constitute a waiver of any provision and all terms shall remain in full force and effect. These Terms supersede and replace all prior and contemporaneous agreements, understandings and representations, whether oral or written, between the parties and relating to the subject matter hereof, and together with the other documents referenced herein, constitutes the entire understanding of the parties with respect to the subject matter of these Terms.
13. CONTACT INFORMATION
20 Tuttle Place Suite 4
Middletown, CT 06457
Please DO NOT send returns to the above address, unless you received an RMA number.