Last Updated: March 01, 2023
Introduction
Welcome to the Fresh N Brite® Denture Cleaning Paste, Toothpaste website (the “Site”). These Terms of Use (“Terms”) are a binding contract between you and Fresh N Brite® Denture Cleaning Paste, Toothpaste (“we” or “us”). Please read these Terms carefully before using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Site.
You must be at least 18 years old to use the Site. By using the Site, you represent and warrant that you are at least 18 years old. If you are not at least 18 years old, do not access or use the Site.
Key Points
Here are some key points, but please review the full Terms below:
- You may use our Site only if you agree to these Terms.
- We may change these Terms in the future and will provide notice of changes.
- You are responsible for all usage, content and activities on your account.
- We grant you a limited license to use our Site subject to rules and restrictions.
- All content on the Site, including designs, text, graphics, pictures, and interfaces, belongs to us.
- You agree not to copy, distribute, modify or make derivative works of any content.
- We have the right to monitor your use of the Site.
- You grant us permission to use your username, profile picture, content, and information for restricted purposes.
- You must follow our code of conduct below when using our Site.
- You agree to only use the Site for legal purposes and not for anything unlawful, misleading, malicious, or discriminatory.
- You are responsible for payment of any applicable fees or taxes related to your use of the Site.
- We are not liable for damages related to your use or inability to use the Site.
Account Registration & Termination
You may browse the Site without registering, but to access certain features or services you must register for an account.
- Account Creation: To register for an account, you must provide your real name, valid email address, and any other information indicated as required. You represent and warrant that all information you provide to us upon registration is current, complete, and accurate.
- Passwords: You are responsible for protecting your password and maintaining security. Do not share your password with others. If you believe your account is compromised, contact us immediately at [email protected].
- Account Termination: We reserve the right, in our sole discretion, to suspend or terminate your account if you breach these Terms. Upon termination, we may delete or deactivate your account and all related information. We will not have any liability whatsoever to you for any termination of your account.
Site Content & Ownership
The Site contains a variety of:
- Content – information like text, documents, images, graphics, maps, videos, software, applications, audio files, designs, photographs, interfaces, data compilations, catalogs, advertisements, descriptions and more.
- Design Elements – such as the overall appearance, branding, look-and-feel, navigational scheme, color palette, textures, layouts, GUI, organization, and presentation of content.
All content, names, logos, trademarks, designs, titles, words, profiles, graphics, images, interfaces, GUI, artwork, design elements, audio, videos, data compilations, underlying source code, software, and any other digital materials on the Site are owned by us, our affiliates, partners, suppliers, or licensors (collectively “Site Content”).
We grant you a limited, revocable license to access and use the Site and Site Content subject to these Terms. However, you may not modify Site Content or reproduce, distribute, publicly display, publicly perform, communicate to the public, make or derive adaptations, translate, decompile, or disassemble Site Content except as expressly authorized in writing by us or permitted under law.
Site Use Rules & Restrictions
You must follow any express rules or restrictions on this page when using the Site. In addition, you agree not to:
- Violate any laws, regulations, ordinances or other legal requirements.
- Infringe our intellectual property rights or the intellectual property rights of others.
- Reproduce, distribute, publicly display, publicly perform, communicate to the public, make or derive adaptations, translate, decompile, or disassemble Site Content except as expressly authorized by us.
- Use the Site or Site Content for any commercial purpose not expressly approved by us in writing.
- Introduce viruses, spyware, malware, or other malicious code into the Site.
- Gain unauthorized access to restricted areas of the Site or our computer systems.
- Interfere with security or functionality of the Site, such as through hacking, phishing, or spamming activities.
- Cause harm or damage to any person, property, reputation, or business, including by posting false, inaccurate, misleading, deceptive, defamatory, or libelous content.
- Impersonate any person or entity or provide false identity information to gain access to the Site.
- Violate the privacy, intellectual property rights, or other rights of third parties.
- Post or submit to the Site any content that is obscene, child pornography, violent, bigoted, hateful, racially offensive, or otherwise objectionable as determined in our sole discretion.
- Harvest, collect, or engage in mass extraction of content from the Site, including through automated means.
- Remove, circumvent, disable, damage or otherwise interfere with any security features or functionality on the Site.
- Interfere in any way with the proper functioning of the Site.
- Use the Site if we have banned you from the Site.
Your Use Content on the Site
You are responsible for all content that you submit, post, distribute, upload, publish or otherwise transmit (“Post”) to the Site. Here are some rules:
- You may only Post content that you created or have permission to Post from the copyright holder.
- By Posting content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable worldwide license to use, reproduce, distribute, create derivative works, display, perform, and adapt your content in connection with operating and providing the Site and related services.
- We do not claim ownership over your content, but we do require these license rights. You are solely responsible for your content.
- You represent and warrant that your content is accurate, complete, and complies with our rules.
- We are not obligated to monitor or moderate your content, but we have the right to refuse, remove, edit, or delete any content for any reason.
Code of Conduct
You must follow this code of conduct when using the Site:
- Do not violate any laws. Obey all applicable local, state, national, and international laws when using the Site.
- Do not promote dangerous content. Do not post any content that promotes harm, violence, or illegal activities.
- Be respectful. Do not harass, threaten, impersonate, intimidate, or abuse other users. Do not post content that is offensive, obscene, illegal, bigoted, hateful, racially offensive, or otherwise objectionable.
- No spam or unauthorized ads. Do not spam the Site with advertisements, chain letters, or other mass messages not related to the Site’s purpose. Do not post content promoting commercial services or products unless expressly authorized by us.
- Be honest. Provide honest, accurate information when signing up and using the Site. Do not misrepresent yourself or impersonate others.
- Follow copyright laws. Only post your own content or content you are legally authorized to Post. Do not Post content from third party websites without permission. Do not plagiarize.
- Report problems. Notify us immediately of any violations of these Terms or problems with the Site.
We reserve the right to terminate your access to the Site if you violate this code of conduct or authorize others to do so.
Intellectual Property Rights
The Site and Site Content are protected by copyright, trademark, patent, trade secret, international treaties, and/or other proprietary rights and laws. You agree to abide by all applicable intellectual property laws. Our logos, names, logos, page headers, button icons, scripts, designs, and branding are protected trademarks, trade names and/or trade dress of us or our affiliates, partners or suppliers (“Marks”). You may not use our Marks without our written permission.
Fees & Payments
Fees: Access to and use of the Site is currently free. However, we reserve the right to charge fees for access to all or portions of the Site in the future. We will provide you reasonable notice of any fees. You are responsible for paying any applicable fees under your account.
Taxes: You are responsible for any applicable federal, state, local or other taxes associated with your use of the Site. We are not responsible for collecting, reporting or remitting taxes arising from use of the Site.
Purchases: If you make any purchases through the Site, the details and terms will be provided at the time of purchase. All purchases are subject to our refund policy posted at the time. We may use third party payment processing partners to process payments. Please review their terms before submitting payment.
Billing: We use a third-party payment processor to bill you through an online account for any subscriptions or paid services. You must provide current, complete and accurate billing and credit card information. You must promptly update any changes to this information that may occur. You must pay all applicable fees and taxes under your online account. We may suspend or terminate access to the Site if payment cannot be charged. Outstanding balances remain payable.
Refunds: Unless otherwise indicated or required by law, all fees are non-refundable. This no refund policy shall apply at all times, regardless of your decision to terminate usage of the Site, any disruption or loss of access to the Site due to suspension, deactivation of your account, or otherwise.
Disclaimers
AS IS: The Site and Site Content are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted under law, we disclaim all warranties of any kind, whether express or implied, relating to the Site and Site Content. No advice or information given by us or our representatives shall create a warranty.
No Liability: Under no circumstances shall we or our partners, employees, directors, officers, agents, contractors or affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising from or relating to the Site, Site Content, or these Terms. Some jurisdictions do not allow limitations or exclusions on implied warranties or liability. As such, some limitations in this section may not apply in part or in full.
Accuracy & Availability: Although we strive to provide accurate, complete, and up-to-date Site Content, we do not represent or warrant that Site Content is accurate, complete, correct, reliable, current, error-free, or free from viruses or other harmful components. We do not endorse and are not responsible for third party content provided on the Site or available via links on the Site. Site Content may be out of date and we make no commitment to update it.
Indemnification
You agree to indemnify, defend, and hold us, our partners, employees, directors, officers, agents, contractors, and affiliates harmless from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) that arise from or relate to your use of the Site and Site Content; your user content; your violation of these Terms; or your violation of any rights of another. You are solely responsible for your use of the Site and we shall have no liability for your conduct or misconduct.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM YOUR USE OF THE SITE OR SITE CONTENT. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL, AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST 12 MONTHS.
APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT FULLY APPLY TO YOU. IN SUCH CASES, LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMISSIBLE.
Privacy Policy & Cookie Policy
Please read our Privacy Policy and Cookie Policy to understand how we collect and process your personal information when you use the Site and our services. The Privacy Policy and Cookie Policy are incorporated by reference into these Terms.
Geographic Restrictions
The Site is based in the State of California in the United States. We provide the Site for use only in the United States. We make no representations or warranties that the Site or Site Content are valid, appropriate or available for use outside the United States. Accessing the Site from territories where the Site contents are illegal is prohibited.
Governing Law
These Terms shall be governed by the laws of the State of California and the laws of the United States, without respect to conflict of law principles. Any dispute arising from or relating to the interpretation or application of these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in California.
Modifications
We reserve the right, at our discretion, to change these Terms at any time. Updated versions of the Terms will be provided on the Site and are effective immediately. Your continued use of the Site after any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms whenever you use the Site to make sure you understand the terms that apply. If you do not agree to the modified Terms, you must stop using the Site.
Assignment
You may not assign, delegate, or transfer these Terms or your rights or obligations without our express written consent. We may assign, transfer, or delegate any portion of these Terms in our sole discretion.
Entire Agreement
These Terms constitute the entire agreement between you and us regarding use of the Site. Our failure to exercise or enforce any rights or provisions of these Terms does not waive such rights or provisions. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and remaining provisions will continue in full force.
Contact Us
Please contact us at [email protected] if you have any questions or concerns regarding these Terms.