Last Updated: August 27, 2024

OVERVIEW

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND SALE (“Terms”) BEFORE ACCESSING, USING, OR PLACING AN ORDER ON WWW.TOOTHSCIENCE.COM. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 14 AND 15). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS.

Your use of www.toothscience.com, including any of its sub-domains, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Clinical Oral Health, LLC d/b/a ToothScience (“ToothScience” “we,” “our,” “us”), are governed by the Terms. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing, using, or placing an order over the Website, you agree to the Terms. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner.

THESE TERMS CONTAIN JURY TRIAL AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. PLEASE CAREFULLY REVIEW THESE PROVISIONS IN SECTION 16 BELOW.

You can review the most current version of the Terms at any time on this page (https://www.toothscience.com/policies/terms-of-service). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

SECTION 1 - WEBSITE USE

By using the Website, you represent that you are at least the age of majority in your state of residence. If you use the Website, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read these Terms and understand and agree to them.

SECTION 2 - PRIVACY POLICY

Our Privacy Policy may be viewed at https://www.toothscience.com/policies/privacy-policy.

SECTION 3- GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

SECTION 4 - ACCOUNT REGISTRATION

You may be required to create an account with ToothScience. If you do, you warrant that the information you provide to us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your ToothScience user account, and you agree not to transfer your access code, password, or username, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to, ToothScience under your user account. You agree to immediately notify ToothScience of any unauthorized use of your access code, password or username or any other breach of security related to your user account. You agree that ToothScience is not liable, and you will hold ToothScience harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 17 below for additional information.

SECTION 5 - PRODUCTS SOLD FOR PERSONAL USE ONLY

You agree that any products or services you purchase from ToothScience or our Website will be used for your personal, non-commercial use. You agree that you will not resell, re-distribute, modify, or export any product that you order from the Website.

SECTION 6 - NOTICE REGARDING MEDICAL ADVICE AND ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

The material on the Website is provided for general informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a dentist or physician. The statements made on this Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or condition. Always seek advice from your dentist or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of the information you have obtained through the Website.

While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

SECTION 7 - MODIFICATIONS TO THE WEBSITE AND PRICES

We reserve the right at any time to modify or discontinue access to the Website (or any part of it) without notice at any time. We are not liable to you or to any third-party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our policies.

We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.

SECTION 8 - PAYMENT

All charges are in U.S. Dollars. We accept all major credit and debit cards. By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any credit card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

SECTION 9 - ORDER PLACEMENT AND ACCEPTANCE

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any service or product. We reserve the right to require additional information before processing any order.

SECTION 10 - SHIPPING

ToothScience ships to addresses located in the United States (excluding U.S. territories). Shipping rates are determined by weight and location. International customers are responsible for paying any additional taxes or duties upon delivery. Orders generally ship same day or the following business day depending on the time of order placement. Domestic orders with standard shipping typically arrive within 5-7 days, depending on location.

Accurate shipping address and phone number are required. We are not responsible for late or missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact customer support immediately by phone or email (844-644-8844 / orders@toothscience.com). You must contact us as soon as possible in order to modify or cancel your pending order. However, we frequently ship quickly, so we cannot guarantee that we will be able to change your order in accordance with your instructions.

SECTION 11 - DELIVERY CONFIRMATION

Events and circumstances at your delivery address that are beyond our control. You agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.

SECTION 12 - NO RETURNS

ToothScience is committed to serving our customers and we want you to love every ToothScience purchase. Please review our FAQs  located on our Website for additional information.

SECTION 13 - SOCIAL MEDIA

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence on any external third-party social media platforms we may utilize (“Social Media Presence”).

Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. These Terms do not apply to our Social Media Presence. The sites and platforms that host our Social Media Presence are not controlled by us; they have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of ToothScience. Comments that some would consider inappropriate or offensive may appear on our Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures to have them removed. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

SECTION 14 - DISCLAIMER OF WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 15 - DISCLAIMER OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL TOOTHSCIENCE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THESE TERMS, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER TOOTHSCIENCE HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, TOOTHSCIENCE IS FOUND LIABLE UNDER ANY THEORY, TOOTHSCIENCE’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER TOOTHSCIENCE WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

SECTION 16 - CLASS ACTION AND JURY TRIAL WAIVERS

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A TRIAL IN FRONT OF A JURY.

NO CLASS ACTIONS: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR PROCEEDING.

WAIVER OF JURY TRIAL: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY).

SECTION 17 - INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless ToothScience, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your use of the Website; (2) your breach of these Terms; (3) your breach of any representations or warranties in these Terms; or (4) your violation of any law or the rights of a third party.

SECTION 18 - GOVERNING LAW

These Terms are governed by and must be construed in accordance with the laws of the State of Texas, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Dallas, Texas.

SECTION 19 - THIRD-PARTY WEBSITES AND LINKS

Our Website may include materials from third-parties or links to third-party websites. We are not responsible or liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 20 - TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS

ToothScience may use testimonials and product reviews in whole or in part together with the name and state/country of the person submitting it. Testimonials may be used for any form of activity relating to ToothScience’s products, in printed and online media, as ToothScience determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products.

Anything that you submit or post to the Website or provide to us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) will be treated as non-confidential and nonproprietary, and you hereby grant to us the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works you’re your Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile those Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions automatically become our sole and exclusive property and we have no obligation to return them to you.

Additionally, ToothScience reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. ToothScience shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood, and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.

SECTION 21 - DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

This Website maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Notification of Claimed Infringement:

ToothScience
Attn: DMCA/Copyright Agent
12750 Merit Drive, Suite 1100
Dallas, Texas 75251
Tel: 844-644-8844
Email Address: hello@toothscience.com

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

SECTION 22 - ELECTRONIC COMMUNICATIONS

You agree that we may communicate electronically with you and that those communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and have the same force and effect as if they were in writing and signed by the party sending the communication.

SECTION 23 - ASSIGNMENT

You may not assign any of your rights under these Terms, and any such attempt will be null and void. ToothScience and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of ToothScience’s business is transferred to another entity by way of merger, sale of its assets or otherwise.

SECTION 24 - NO WAIVER; SEVERABILITY

No waiver by ToothScience of any term or condition set forth in these Terms is a further or continuing waiver of that term or condition or a waiver of any other term or condition, and any failure by ToothScience to assert a right or provision under these Terms is not a waiver of that right or provision. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is nonetheless enforceable to the fullest extent permitted by applicable law, and the unenforceable portion is deemed to be severed from these Terms. That determination does not affect the validity and enforceability of any other remaining provisions.

SECTION 25 - NO AGENCY RELATIONSHIP

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of you receiving a product from us or using this Website.

SECTION 26 - SURVIVAL

In the event that we terminate this Agreement, Sections 5-6, 14-18, 26-28, as well as your representations, warranties, and other obligations, survive the termination of this Agreement.

SECTION 27 - ENTIRE AGREEMENT

These Terms constitute the entire agreement and understanding between you and ToothScience, and supersede and replace any prior or contemporaneous agreements.

SECTION 28 - QUESTIONS OR ADDITIONAL INFORMATION

If you purchased a product or service through the Website, please contact customer support by phone or email.

ToothScience
12750 Merit Drive, Suite 1100
Dallas, Texas 75251
Tel: 844-644-8844
Email Address: hello@toothscience.com