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By using the Site or by placing an order through it, you agree as follows:
1. Agreement to Deal Electronically; Electronic Communications and Notices.
Transactions at the Site are conducted electronically and you agree that all transactions with or through the Site may, at www.PearlWhitesmile.com's option, be conducted electronically. You also agree that:
o www.PearlWhitesmile.com may provide all agreements, disclosures, and notices electronically, including any that we are otherwise required to provide in "writing."
o All electronic records are deemed sent when they are properly addressed to you and either (i) the record enters an information processing system outside the control of the sender or (ii) the record enters a region of an information processing system under the recipient's control.
o All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
If you do not wish to deal with www.PearlWhitesmile.com electronically, you should not enter into this Agreement or use the Site. www.PearlWhitesmile.com may complete any transaction initiated by you at the Site prior to termination of your use of the Site and may continue to provide you all notices related to the transaction electronically. If applicable law now or hereafter requires www.PearlWhitesmile.com to communicate with you non-electronically, we reserve the right to charge a fee for doing so. You agree that we may chose (from time to time) to provide all or any part of our services non-electronically.
2. Privacy.
Our Privacy Policy is a part of this Agreement and its terms are incorporated by this reference. Please read it now xxxxxxxxx (by clicking on "Privacy Policy" at the bottom of any page). The policy explains how certain information about you may be used. You acknowledge and agree that www.PearlWhitesmile.com may collect, use, exchange, and store information about you and your orders in accordance with our Privacy Policy.
3. Unauthorized Use of Your Password.
ALL INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE presenting YOUR Password ON THE SITE ARE BINDING ON YOU. You agree that you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact www.PearlWhitesmile.com immediately. You authorize www.PearlWhitesmile.com to refuse to accept any further orders placed under that password on your behalf - and www.PearlWhitesmile.com will use commercially reasonable efforts to block such orders.
4. Changes to the Agreement.
This Site is like a store: every time a customer enters a store the customer is bound by the rules in effect on the date of the customer's visit. Similarly, at this Site, you are bound by the version of this Agreement that is in effect on the date of your visit or order. The terms of this Agreement may change from time to time so please review them when you visit the Site. We will post a notice on the home page of the Site for thirty (30) days if we change the terms of this Agreement and your use of the Site after the effective date of any change will constitute your consent to the amended Agreement.
5. License to Use the Site.
We hereby grant you the right to view and use the Site solely for the purpose of acquiring information and shopping in accordance with the Agreement.www.PearlWhitesmile.com retains all right, title, and interest in and to the Site. You may download and print copies of this Agreement and of screens from this Site pertaining to any order placed by you for the purpose of retaining records of your transactions at the Site. Except as provided in this Agreement, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is expressly prohibited. The Site and all content contained therein is protected by copyright under both United States and foreign laws and all rights not expressly granted are reserved by www.PearlWhitesmile.com and its suppliers. Subject to applicable law, www.PearlWhitesmile.com reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.
The license in this Section 5 does not include permission to copy the design elements, "look and feel" or layout of the Site. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Except as expressly provided in this Agreement, neither www.PearlWhitesmile.com nor any third party has conferred upon you by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.
6. Submission of Comments; Ideas and Other Information.
Any comments or information that you provide to www.PearlWhitesmile.com, for example, feedback or ideas in response to a customer survey regarding the Site, a "Golf Course Review," suggestions, ideas, concepts, or other information are collectively deemed "Submissions." None of the Submissions will be subject to any obligation of confidence on the part of www.PearlWhitesmile.com, and www.PearlWhitesmile.com will not be liable for any use or disclosure (including publication in any medium) of any Submissions. You hereby grant www.PearlWhitesmile.com a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Without limiting the foregoing, www.PearlWhitesmile.com will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. Further, www.PearlWhitesmile.com may sublicense these rights to third parties.
Under no circumstance is www.PearlWhitesmile.com responsible for any Submission to the site or for the content of that Submission, nor shall www.PearlWhitesmile.com be held liable for any of the claims made therein. We are not responsible for the content or accuracy of any of these Submissions, and the views and opinions they express are solely those of the original contributor.
Advertising on www.PearlWhitesmile.com:
All advertising is subject to approval by www.PearlWhitesmile.com
7. Your Representations and Warranties.
You represent and warrant for the benefit of www.PearlWhitesmile.com and www.PearlWhitesmile.com's licensors and suppliers that: (a) you are at least 18 years of age; (b) you possess the legal right and ability to enter into this Agreement and make the credit card charge on your own behalf or on behalf of any person for whom you are acting as agent and/or that you are authorized to use the password required for this Site; (c) all information that you submit to us is true, accurate, and current; (d) you will keep your registration information current; (e) you will be responsible for all use of your password even if such use was conducted without your authority or permission; and (f) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
8. Promotions.
No promotion (e.g., special price discount) is offered by www.PearlWhitesmile.com unless the promotion explicitly so states. You agree that offers from other companies on the Site are solely liable for their promotions and that www.PearlWhitesmile.com is not liable. You also agree to comply with all terms of a promotion. Note: some promotions will be subject to quantity and other restrictions, including without limitation, time limits that could expire during your visit to the Site.www.PearlWhitesmile.com reserves the right to withdraw or refuse to honor any promotion that has been altered or modified - other than by www.PearlWhitesmile.com.
9. Order Availability, Shipping & Cancellation.
All items ordered from www.PearlWhitesmile.com are subject to availability and are only available for acquisition and shipment in the U.S and Canada. We reserve the right to reject any and all orders. Subject to applicable law, www.PearlWhitesmile.com reserves the right to deliver items acquired as part of your order at different times or locations in the event that they are not available for shipment at the same time or from the same location. www.PearlWhitesmile.com also reserves the right to limit the quantity of any items that may be obtained by you through the Site.
All orders placed through the Site are shipment contracts, not destination contracts. Shipping and handling charges may or may not reflect actual costs.
You may cancel all or any part of your order before you submit your credit card number. You may not cancel after you have submitted your credit card, but may return any physical item for the purchase price as long as the item has not been altered from the condition it was shipped to you by www.PearlWhitesmile.com. However, in the event that you return an item you are responsible for all costs to ship the item and are responsible for the item until it is received by www.PearlWhitesmile.com. Notwithstanding the foregoing, online subscription service fees and downloads of digital content are non-returnable.
10. Payment; Credit for Refunds & Pricing.
Only valid credit cards acceptable to www.PearlWhitesmile.com may be used for orders placed with www.PearlWhitesmile.com, and all refunds will be credited to the same card. By submitting your order for processing, you authorize us to charge your order (including taxes, shipping, handling, and any amounts described on the Site before order Submission) to your card. If your card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled without notice in www.PearlWhitesmile.com sole discretion. You agree to update your card information to keep it current at all times and that we may submit charges for processing even if your card has expired.
11. Indemnity.
You agree to defend, indemnify and hold harmless www.PearlWhitesmile.com, its officers, directors, employees, agents, licensors, and suppliers, from and against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of this Agreement.
12. DISCLAIMERS OF WARRANTIES.
www.PearlWhitesmile.com IS NOT RESPONSIBLE FOR HARM TO PERSONS OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, USE OF ANY CONTENT ON THIS SITE. THIS SITE AND ALL CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND.www.PearlWhitesmile.com AND www.PearlWhitesmile.com's LICENSORS GIVE NO EXPRESS WARRANTIES AND DISCLAIM: (A) ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY CONTENT ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE AND CONTENT IS WITH YOU.
IN ADDITION,www.PearlWhitesmile.com DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
13. Links to Third Party Sites.
As a convenience, we may provide links to third-party web sites from this site.www.PearlWhitesmile.com is not responsible for and does not endorse the informational content or any products or services available on any third-party web site and does not make any representations regarding its content or accuracy. We are not liable for any technological, legal or other consequences that arise out of your visit or transactions on any third-party or non-www.PearlWhitesmile.com web sites. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. This means that we are not your agent and will not be a party to any contract you enter.
14. EXCLUSIVE REMEDY; DAMAGE EXCLUSIONS & LIMITATIONS.
IN NO EVENT WILL www.PearlWhitesmile.com OR www.PearlWhitesmile.com's LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY AND ALL OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PERSONAL INJURY, FAILURE TO MEET ANY DUTY INCLUDING ACTS OF GOOD FAITH OR OF REASONABLE CARE, LACK OF NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE, OR THIS AGREEMENT, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF www.PearlWhitesmile.com AND EVEN IF www.PearlWhitesmile.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. This Agreement is governed by the laws of the State of Texas U.S.A. Your consent to this Agreement will include your consent to such law and the jurisdiction of and venue in the courts of Harris county Texas, U.S.A. in all disputes arising out of or relating to this Agreement. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. www.PearlWhitesmile.com's performance of this Agreement (including the Privacy Policy) is subject to existing laws and legal process, and you agree that www.PearlWhitesmile.com may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement. Any cause of action or claim you may bring in connection with the Site, including without limitation any Content, must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. In any dispute between www.PearlWhitesmile.com and you relating to this Site, the prevailing party will be entitled to attorneys' fees, costs and expenses.
16. Miscellaneous; Entire Agreement.
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Site) constitutes the entire agreement between you and www.PearlWhitesmile.com with respect to the Site and that item and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and www.PearlWhitesmile.com regarding the Site and/or any order you place through it.
www.PearlWhitesmile.com reserves the right to modify these terms of use at any time, without notice. For your convenience, a link to our current terms of use appears at the bottom of every page on this site. |
