Terms & Conditions
Terms & Conditions
These terms and conditions apply to ALL transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking any button containing the words "I agree" or similar syntax, or by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records. By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions of Use (collectively, "Terms"). If you do not agree to be bound by these Terms, you may not access or use the Website, or purchase any Product(s) through the Website. By accessing, using or ordering Product(s) through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.
CHANGES TO TERMS AND CONDITIONS
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. THE DATE OF THESE TERMS AND CONDITIONS IS NOTED UNDER THE "TERMS AND CONDITIONS" HEADING ABOVE. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
RESTRICTIONS ON USE OF MATERIALS
All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners and software, contained in this site are the copyrighted property of MystSmile. All trademarks, service marks, and trade names are proprietary to MystSmile. Unauthorized use of the materials will violate intellectual property rights. All rights not expressly granted in these Terms and Conditions are reserved to MystSmile. As such, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The use of any such material on any other Web site or computer environment is prohibited. Nothing contained in this site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this site without the written permission of MystSmile or the respective owner of the trademark.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
MystSmile does not recommend the self-management of health problems nor does it endorse any particular type of medical treatment. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your physician or other health care provider. You should not conclude by virtue of something you have read on this site or in response to your inquiries or questions that you do not need to consult a health care professional. Never disregard medical advice or delay in seeking medical advice or treatment as a result of something you read on this site or as a result of the answer to any of your e-mail inquiries.
MONEY BACK GUARANTEE
If you are not satisfied with an item that you have purchased, you may return the item within 30 days from the order date for a full refund of the purchase price, minus the shipping and handling. Simply return all portions of your order for a refund by email us: firstname.lastname@example.org and asking for a RMA number and return instructions.
- MystSmile cannot process or exchange packages marked "Return to Sender."
- To ensure that your account is correctly noted, you must pay to send products back to the MystSmile returns department along with your RMA number. The RMA number must be clearly written on the package that you are sending back. Our shipping department is NOT allowed to accept any packages without an RMA number.
- We recommend all returned items to be sent using a third party delivery confirmation system to ensure proper delivery.
When we ship the Product to you, our Standard ground mail service is shipped via the combined services of USPS. With our Expedited Priority Processing Option (if available), we will make your shipment our priority and ship your package out the next day for all orders placed before 10PM PST (packages should arrive within five to seven (5-7) business days. Please note that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times. We do not refund or credit shipping charges for any monthly or bi-monthly shipments.
By ordering MystSmile, you authorize MystSmile to charge your credit card for the purchase amount of the product. This authority shall remain in effect until and unless you have cancelled future orders of the products as described in this Agreement. If you believe that you have been billed in error, please notify our Customer Care Department immediately.
It is our Company mission to provide our customers with the finest Products available. We believe in the efficacy of the Products we sell. The Product is intended for use by persons at least 18 years of age. If you are pregnant, nursing or taking any medication, you represent and warrant that you either have consulted, or will consult, with a health care professional before taking the Product, and you will cease immediately taking the Product and will contact a health care professional if you experience any ill effects or unintended side effects of the Product.
Our Company wants you to have the most accurate information concerning the Product. The information we communicate to you about the Product and/or its efficacy is obtained from independent third parties such as educational institutions, scientific and news articles and agencies, nutritional specialists, scientific reports and researchers ("Information Sources"). We do not warrant or represent that Information Sources are not error-free, nor do we warrant any Information Source or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on our Websites are for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Product will conform to such specifications or performance data.
MystSmile does not guarantee that you will have any specific or particular result or benefit from the Product, or that your experience will match those of others who use the Product. Individual results will vary from person to person.
You represent that you are at least 18 years of age and that you will not permit a person under 18 to order, or use, the Product. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You shall not re-sell, re-distribute or export any Product that you order from the Website.
You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
By accessing this site, you agree to receive emails from us about product updates, promotions, and newsletters that we feel may interest or benefit you. You may opt out of receiving these emails by contacting us by email, phone or postal service, or by selecting the Unsubscribe button at the bottom of every promotional email.
In the interest of keeping You informed and up to date about our products and services, MystSmile may occasionally forward information or contact You regarding specific Limited products and promotions. If You would prefer not to receive information of this kind, please write to Us at email@example.com and we will respond to your request within 21 days.
To the maximum extent legally permitted, whether or not company was aware or advised of the possibility of damages, and whether or not the limited remedies provided herein fail of their essential purpose, our aggregate liability (whether for breach of contract, tort or any other legal theory) shall in no circumstances exceed the cost of the products you ordered. Further, under no circumstances shall we be liable for special, incidental, indirect, or consequential damages, lost profits, lost revenue, or cost of cover the products are sold and delivered to you "as is" with no warranty whatsoever. Except as expressly stated otherwise in this section, we make no express warranties or representations and we disclaim all implied warranties and representations, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
You agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
We reserve the right to terminate your access to or use of this Website and/or your subscription to the Product should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company's business operations.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
INTELLECTUAL PROPERTY RIGHTS
The Website, and all content appearing therein, are the sole and exclusive property of the Company or its licensors. No license or ownership rights in or to any content of the Website are conveyed to you by reason of this Agreement or your purchase of Product. The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the Website without Company's prior written consent.
If you purchased a 3 year Warranty for $24 terms and conditions do apply. Warranty only covers one unit regardless of how many your inital order contained and can be redeemed for only one unit once within the 3 year period, customer must also provide original online receipt or email order confirmation to redeem warranrty benefits.
You can contact us via e-mail by clicking "Contact Us". When contacting us, please include information that will help us identify your account so we can assist you with your inquiry or request.
If you need further assistance, please contact us at: firstname.lastname@example.org.