Terms & Conditions
DIAMOND BRITE SMILE INC
Website Terms and Conditions of Services
Please read this Web page carefully. It contains the Terms and Conditions governing your access to and use of this Web Site operated by DIAMOND BRITE SMILE, INC., a Florida Corporation (hereinafter, “DIAMOND BRITE SMILE”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site.
2. Binding Agreement.
These Terms and Conditions (as they may be amended from time to time by DIAMOND BRITE SMILE) form a binding agreement between you and DIAMOND BRITE SMILE. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
3. Certain Definitions.
The following definitions apply to these Terms and Conditions: ”DIAMOND BRITE SMILE Web Site” or the “Site” includes “www.diamondbritesmile.com ” in its entirety and related sites owned or operated by DIAMOND BRITE SMILE and includes Content, Text, Graphics, Design, Programming and Services as applicable in the context.
- 3.1. “Customer” or “User” means an individual or entity accessing the Site to get more information and/or purchase teeth whitening products and/or related services.
- 3.2. “Content” includes all Text, Graphics, Design and Programming used on the Site.
- 3.3. “Text” includes all text on every page of the Site, whether editorial, navigational, or instructional.
- 3.4. “Design” includes the color combinations and the page layout of the Site.
- 3.5. “Graphics” includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
- 3.7. “Products” means teeth whitening products offered by DIAMOND BRITE SMILE.
- 3.8. “Services” means any services provided on the Site by DIAMOND BRITE SMILE or its agents.
- 3.9. “Shipping” includes various shipping options such as “Fed Ex”, “UPS”, etc. A standard DIAMOND BRITE SMILE’s order will take approximately 3-5 days to process. Delivery time may vary depending on the inventory available, Customer’s delivery address, the date Customer placed the order, and other circumstances that may cause such delay.
- 3.10. “You” and “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Acceptance of Order.
All Product orders are subject to acceptance of these Terms and Conditions. The acceptance of the Customer’s or User’s order is expressly made conditional on the Customer’s or User’s assent to the Terms and Conditions as stated herein. The Customer or User acknowledges and accepts the Terms and Conditions by virtue of the issuance of the placement of an order and the acceptance of delivery of DIAMOND BRITE SMILE’s Products. No waiver, alteration, or modification of the Terms and Conditions herein shall be valid unless made in writing and signed on behalf of DIAMOND BRITE SMILE by an executive officer.
5. Terms of Payment.
All Product orders are paid in full prior to shipping.
6. Shipping & Handling.
Unless otherwise specifically provided in writing, all Product sales are made FOB point of shipment with freight prepaid and charged to destinations (nearest freight station or common carrier delivery point) within the continental United States, except Alaska. All Product sales made to Alaska and Hawaii are FOB point of shipment with freight prepaid and charged to port of embarkation. All transportation charges will be billed to and paid by Buyer. In all cases, title to the Products shall pass upon delivery to the carrier at the FOB point, and thereafter all risk of loss or damage shall be upon the Customer or User. Shipments are not insured unless so ordered. All claims for shortage, breakage, or damage must be filed with the carrier.
DIAMOND BRITE SMILE’s prices do not include sales, use, excise, or similar taxes. Consequently, in addition to the prices specified by the DIAMOND BRITE SMILE, the amount of any present or future sales, use, excise, or other similar taxes applicable to the sale or use of the products shall be billed to and paid by the Customer or User in addition to the prices specified therein.
As DIAMOND BRITE SMILE’s Products may be custom-made, Customer or User may not refund or cancel an order after twenty-four (24) hours have elapsed since Customer or User has placed the order. DIAMOND BRITE SMILE’s permission must be obtained in writing before any Products are returned to it by Customer or User for any reason whatsoever. If Products are returned without such permission, Customer or User authorizes the DIAMOND BRITE SMILE, in addition to such other remedies as it may have, to hold the returned Products at Customer’s or User’s sole risk and expense.
9. Delivery Dates.
DIAMOND BRITE SMILE does not guarantee delivery dates. In the event any shipping dates given by the DIAMOND BRITE SMILE prior to shipment, the DIAMOND BRITE SMILE shall not be liable for failure to meet such dates for any reason, including delays in or failure of delivery by a manufacturer resulting from Product shortages or other manufacturing delays or causes beyond DIAMOND BRITE SMILE’s reasonable control. International orders please allow 18 business day for items to arrive.
10. Acceptable Use of the Site.
- 10.1. General Use Rules. The Site is intended for individuals seeking teeth whitening products and/or related services. You may use this Site only for lawful purposes within the stated context of DIAMOND BRITE SMILE’s intended and acceptable use of the Site. DIAMOND BRITE SMILE is the sole interpreter of the Site’s intended and acceptable use.
- 10.2. License to Use by Users who are Customers. DIAMOND BRITE SMILE hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking teeth whitening Products. This authorizes you to view teeth whitening products and/or related services by DIAMOND BRITE SMILE, order Products and access to other services, and material on DIAMOND BRITE SMILE’s Website. DIAMOND BRITE SMILE reserves the right to suspend or terminate your License to use the DIAMOND BRITE SMILE site, services, for any reason at any time, in its sole discretion. Customer must be 18 years old or older to view or order from this Website.
- 10.3. Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions.
- 10.4. User Comments. DIAMOND BRITE SMILE assumes no responsibility for the activities, omissions or other conduct of Users. Testimonials left by visitors are not endorsed by DIAMOND BRITE SMILE any abuse of this site or any offensive comments should be reported to DIMAOND BRITE and shall be promptly removed.
11. Intellectual Property Rights.
The Site and all right, title and interest in and to the Site is the sole
property of DIAMOND BRITE SMILE or its licensors, and is protected by United States copyright law and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, DIAMOND BRITE SMILE reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. “DIAMOND BRITE SMILE,” the DIAMOND BRITE SMILE design logo and certain other names or logos are service marks or trademarks of DIAMOND BRITE SMILE, and all related product and service names, design marks and slogans are the service marks or trademarks of DIAMOND BRITE SMILE. In addition, the ”look” and “feel” of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by DIAMOND BRITE SMILE’s trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
12. Disclaimers and Limitations on DIAMOND BRITE SMILE’s Liability.
- 12.1. Allocation of Responsibility. DIAMOND BRITE SMILE is not responsible for the usage of this product. Eventhough, DIAMOND BRITE SMILE’s teeth whitening product has been extensively researched and proven to be face for human consumption, there is still some risks involved. By ordering and purchasing You warrant that you have consulted with a dentist and will assume all adverse reactions of the products. The use of this product is at your own risk.
- 12.1.1. Teeth whitening is considered a cosmetic procedure and not regulated by the Food and Drug Administration (“FDA”). DIAMOND BRITE SMILE’s products and gels are not FDA approved. However, FDA approval is required for materials that hold the gels together and said materials have been approved by the FDA.
- 12.2. YOU SHOULD NOT USE DIAMOND BRITE SMILE PRODUCT IF YOU ARE PREGNANT, PERIODONTAL DISEASE, COLITIS, JAW PROBLEMS OR GUMS THAT ARE IN POOR CONDITION, WEAR BRACES, HAD RECENT ORAL SURGERY, DECAYED TEETH, HAVE ROOTS THAT ARE EXPOSED. If you have any other medical condition please consult your doctor before use.
- 12.3. No Endorsements by DIAMOND BRITE SMILE. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its Web site, goods, products, services, or otherwise. Nothing in this site shall be construed as medical advice as DIAMOND BRITE SMILE is not a medical service or affiliated with any dentist.
- 12.4. No person or dentist Endorsements. Persons or images of dentist or other fictional characters should not be considered endorsements of this product. DIAMOND BRITE SMILE does not give any expert advice on dentistry and a dentist’s advice should be sought before use of the product.
- 12.5. Product Information. All information about the product is for educational purposes and should not be taken as correct or accurate. Expert advice should be sought for your own personal situation.
- 12.6. No Guaranty of Results. DIAMOND BRITE SMILE makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the User’s objectives.
- 12.7. WARRANTY DISCLAIMERS.
- (a) THE SITE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. DIAMOND BRITE SMILE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. DIAMOND BRITE SMILE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
- (b) Without limitation on the foregoing:
- (i) DIAMOND BRITE SMILE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DIAMOND BRITE SMILE IS NOT RESPONSIBLE FOR THOSE COSTS.
- (ii) DIAMOND BRITE SMILE makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted by Users, or of any other form of communication engaged in by Users. Information provided by Users may contain inaccuracies or typographical errors. You agree that any reliance on information posted by Users, or on any other form of communication with Users, will be at your own risk.
- (iii) DIAMOND BRITE SMILE makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
- 12.8. DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
- (a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
- (b) IN NO EVENT SHALL DIAMOND BRITE SMILE (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIAMOND BRITE SMILE HAS BEEN NOTIFIED OF SUCH DAMAGES.
- (c) Due to the nature of these Terms and Conditions, in addition to money damages, DIAMOND BRITE SMILE will be entitled to equitable relief upon a breach of these Terms and Conditions by you.
- 12.9. DENTIST DIRECTORY. The Dentist Directory is provided as a service to our Customers and no dentist listed is in anyway affiliated or endorsed by DIAMOND BRITE SMILE. Dentists listed were chosen from referrals of quality work and good service but are not affiliated or endorsed by DIAMOND BRITE SMILE. If you are a dentist in the list and would like to be removed please send us an email at firstname.lastname@example.org.
13. Amendments to this Agreement and Changes to Site.
DIAMOND BRITE SMILE may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on they date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. Therefore, it is your responsibility to check the Terms and Conditions for any changes; if you do not agree with the changes in the Terms and Conditions please notify DIAMOND BRITE SMILE of your termination of registration immediately pursuant to the Notice provision in Section 11 and immediately discontinue your use of the User services.
You agree to defend, indemnify, and hold harmless DIAMOND BRITE SMILE (and its officers, directors, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site or your breach of these Terms and Conditions. DIAMOND BRITE SMILE shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
15. User Information.
16. Questions and Notices.
Questions concerning the use of the Site should be directed to DIAMOND BRITE SMILE Customer Service Department. Notices shall be sent, for DIAMOND BRITE SMILE, to the address listed on the Site, and, for you, to the address submitted by you or such other address as DIAMOND BRITE SMILE reasonably determines is an appropriate address for you.
DIAMOND BRITE SMILE’s contact information is listed on the Site. DIAMOND BRITE SMILE makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access DIAMOND BRITE SMILE from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of Florida, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the courts in Miami Dade County, Florida. You and DIAMOND BRITE SMILE’s sole relationship is that of independent contractors. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by DIAMOND BRITE SMILE in a particular “Legal Notice,” or software license or material on particular Web pages of the Site, these Terms and Conditions constitute the entire agreement between you and DIAMOND BRITE SMILE.
18. Mediation and Arbitration.
Any disputes between the parties hereto, whether arising under this agreement or otherwise, which the parties cannot resolve between themselves using good faith shall be:
- 18.1. Referred to a mediator in Miami Dade County, Florida and any mediation shall be held in Miami Dade County, Florida. The parties shall share equally in the cost of said mediation.
- 18.2. In the event that said dispute is not resolved in mediation, the parties shall submit the dispute to a neutral arbitrator residing in Miami Dade County, Florida. The arbitration shall be held in Miami Dade County, Florida. The parties shall share equally in the cost of said arbitration. The parties further agree that full discovery shall be allowed to each party to the arbitration and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of the arbitrator shall be final and binding. Arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction pursuant Florida Statutes.
- 18.3. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay the court costs and reasonable attorney’s fees (including Trial and Appellate attorney’s fees) incurred in enforcing the ruling or decision of the arbitrator.
You may be required to provide DIAMOND BRITE SMILE with any or all of the following information: name, e-mail address, and mailing address. It is DIAMOND BRITE SMILE’s policy not to sell or market the Users of the DIAMOND BRITE SMILE User services’ nonpublic personal information to third parties without your consent. Such information is used solely in the conduct of DIAMOND BRITE SMILE business and to provide services to our Users. DIAMOND BRITE SMILE will share your nonpublic personal information with third parties only to the extent DIAMOND BRITE SMILE believes it is reasonably necessary to provide DIAMOND BRITE SMILE’s services. In addition, in connection with providing services to you, DIAMOND BRITE SMILE may also share your nonpublic personal and personally identifiable information with our affiliates. DIAMOND BRITE SMILE reserves the right to release such information to law enforcement or other governmental officials as, in DIAMOND BRITE SMILE’s sole and absolute discretion, it is deemed necessary to comply with the law. DIAMOND BRITE SMILE reserves the right to change this privacy statement in its sole and absolute discretion. All Private information are secured by SSL. DIAMOND BRITE SMILE does not store credit card information or any other private information.
DIAMOND BRITE SMILE reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (a) the Terms and Conditions of this Agreement; (b) your registration with or ability to access DIAMOND BRITE SMILE’s User services and/or any other service provided to you by DIAMOND BRITE SMILE. IN WITNESS WHEREOF, the Customer/User and/or you hereto has caused these Terms to be duly executed by clicking the “Accept” button below, or decline to reject these Terms and exit the Web Site.