Terms and Conditions
By purchasing from Dramatic Smiles LLC you agree to the following:
Legal Disclaimer: Terms and Conditions
Thank you for visiting http://dramaticsmiles.com website. This website is the intellectual property of Dramatic Smiles LLC. By accessing this website or purchasing products or services from this website you agree to the following terms and conditions:
You agree that purchasing teeth whitening products from dramaticsmiles.com does not eliminate the need for frequent dental care from a registered dentist. We recommend that you consult with a Dentist before starting any at-home teeth whitening treatment.
TEETH WHITENING INVOLVES RISK AND ONE SHOULD ALWAY CONSULT A DENTIST BEFORE PURCHASING OR USING PRODUCTS SOLD BY DRAMATIC SMILES LLC. BY PURCHASING FROM DRAMATIC SMILES LLC (HTTP://DRAMATICSMILES.COM), YOU ("THE CUSTOMER") AGREES THAT YOU WILL USE THE PRODUCTS SOLD FOR THE SOLE PURPOSE STATED. DRAMATIC SMILES LLC AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE USAGE OF ANY PRODUCTS SOLD. USE AT YOUR OWN RISK.
DO NOT USE IF:
Pregnant/nursing, poor dental health (decayed teeth, exposed roots, gum disease, wear braces, recent oral surgery, jaw problems). At-home treatments have risks involved and you should consult your dentist. Some people will experience reversible tooth sensitivity and gum irritation. This will disappear: 1. Within a few days after discontinuing use 2. Decreasing the time you bleach your teeth 3. Increasing the amount of time between bleaching sessions.
The manufacturer and seller accept no responsibility for any usage of this product.
Professional teeth whitening techniques are designed to lighten dark; stained teeth. Clients apply an oxygenating or peroxide type material at home using one of the several techniques. While these materials have been used for this process since 1989 appear safe, infrequent side effects can occur. Tooth sensitivity or tingling is the most common side effect. Soft tissue irritation can also occur. If a client experiences these or other adverse symptoms, he/she should stop using the bleaching material, and consult their Dentist. If the patient has any known chemical sensitivity or allergic reactions to ingredients such as flavorings, color additives, etc. please be sure to inform your dental professional.
Carbamide Peroxide is considered a professional grade whitening gel. The FDA does not regulate "teeth whitening gels" as they are considered a cosmetic procedure. Dramatic Smiles LLC is not a manufacturer, but a distributor of "teeth whitening products". Our gels are manufactured for us in a FDA Registered Laboratory. All gels are manufactured according to FDA guidelines with approved materials. Our manufacturing plant is registered with the FDA to ensure the best quality gel available.
By purchasing and accepting our service, you agree to the following:
1. Will use the trays for the sole purpose of whitening your teeth.
2. Will not use the product if you are pregnant or nursing until you have consulted with your dentist or doctor.
3. Will make the teeth whitening tray impressions yourself.
2. Don't have loose or decayed teeth.
3. Don't have loose crowns or periodontal problems (gum disease).
4. Will consult with your dentist prior to use & if you experience any whitening issues.
5. Acknowledge that employees/staff of Dramatic Smiles LLC are not dentists.
6. Dramatic Smiles LLC will not offer any medical or dental advice.
7. Are not allergic to sodium fluoride, carbamide peroxide, glycerin, carbomer, sodium hydroxide, flavor, hydrogen peroxide, ammonium, hydroxide, and silicone.
8. Acknowledge that all warranties and returns are at the sole discretion of the company and that total liability is limited to the amount paid for the service less shipping and handling.
Teeth Whitening does not replace the need for professional care by a registered dentist.
Agree that Dramatic Smiles LLC is a distributor of whitening gels and release Dramatic Smiles LLC in their entirety from any harm that may ensue from using whitening gels.
By providing your credit card information you authorize us to charge your account for the total amount due. By submitting this order you agree refunds are at the sole discretion of the company and agree to waive any charge back disputes as well as agreeing to be personally liable in the event the indicated person, company or association fails to pay the full amount of these charges.
By placing an order through this website or on the telephone with a sales associate, releases Dramatic Smiles LLC of any legal matters and that you ("the customer") acknowledge you have read and accept the terms of service.
Internet technology and the applicable laws, rules and regulations change frequently. Accordingly, we reserve the right to make changes to this website at any time. Your continued use of this website constitutes your agreement to any new or modified provision of this agreement that may be posted on the website.
Provided on this site is for informational purposes only and is in no way intended as a substitute for professional, medical advice diagnosis or treatment. The information and products provided should only be used in conjunction with the guidance of your physician or dentist. Consult your dentist or physician before taking any product or supplement offered on or through this website. Always seek the advice of your physician or other qualified healthcare provider if you have any questions regarding your health or medical condition.
1. Acceptance of Agreement: You agree to the terms and conditions outlined in the agreement with respect to your use of the website including, but not limited to, your purchase of online products through this website. This agreement constitutes the entire and only agreement between you and Dramatic Smiles LLC with respect to your use of the website and supersedes all prior or contemporaneous agreements, representations, warranties and/ or understandings with respect to your use of the website, the content contained therein and /or the analyses, research, opinions and other information provided through the website. Dramatic Smiles LLC may change the agreement in whole or in part, at any time without specific notice to you. The latest agreement will be posted on the website. Your continued use of the site following posted notice constitutes your acceptance of all terms and conditions contained within the agreement in effect at the time. Therefore you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s)or product(s) made available to you on this website that segments(s)or otherwise enhance(s) the current features of the website shall be subject to the agreement posted at the time of your purchase. Dramatic Smiles LLCis not responsible or liable in any manner whatsoever for your inability to use the website and/or obtain any online products. The website and products are available only to individuals who are at least 18 (eighteen) years of age and can enter into legally binding contracts. Dramatic Smiles LLC reserves the right, in its sole discretion to deny any order of any one at any time and for any reason, whatsoever. You certify that you are 18 (eighteen) years of age and agree to have provided true, current and complete information.
2. Orders/ Billing: in consideration for the products you order from Expertwhitening.com you agree to pay the sums listed below at the time such sums are due and owing. You shall have the choice to pay with a credit card or debit card.
3. Returns and Exchanges: We cannot offer a refund or exchange without an RMA number from us first. We are not responsible for product lost while in transit to us therefore we strongly recommend the use of a tracking number when returning product to us. After the return department receives your return it may take up to 1 (one) week to process the credit and 3-5 (three to five) business days for the return to be posted to your account, depending on your financial institution. All credits are made to the original card used.
4. Disclaimer of Warranties: The website, products and or any other products and or services offered on this website are provided to you on an "as is" and "as available" basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law, (including but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose), in particular, but not as a limitation thereof, makes no warranty that the website, the products and/or other products and/or services offered on the website a) will meet requirements b)will be uninterrupted, timely, secure or error-free or that defects may be corrected c) will be free of viruses or other harmful components d) will have security methods employed that will be sufficient against interference with your enjoyment of the website, or against infringement e) will result in any specific health-related outcome and /or f)will be accurate or reliable. The website, the products and/or other products and/or services offered on the website may contain bugs, errors, problems, or other limitations. Dramatic Smiles LLC is not liable for the availability of the underlying Internet connection associated with the website. No advice or information whether oral or written, obtained by you from Dramatic Smiles LLC or otherwise through or from the website, shall create any warranty not expressly stated in this agreement.
5. Limitation of Liability: You expressly understand and agree that Dramatic Smiles LLC shall not be liable to you or any third party for the direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses even if Dramatic Smiles LLC has been advised of the possibility of such damages, to the fullest extent permissible by l aw for a) the use or the inability to use the website, the products and/or any other products and/or services offered on the website b) The cost of procurement of substitute goods and services resulting from any goods, data, information, content and / or any other products purchased or obtained from or through the site c)the failure to realize any specific result from use of the product or health related outcome and d) any other matter relating to the website, the products and/or any other products and/or services on the website. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and any and all other torts. You hereby release Dramatic Smiles LLC from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable law does not permit such limitation, the maximum liability of Dramatic Smiles LLC to you under any and all circumstances will be the amount you paid for the products offered (less the shipping charge) and paid for on the website. No action, regardless of form, arising out of your use of the website, the products and/or services offered on the website may be brought by you more than 1(one) year following the event which gave rise to the cause of action. The negation of damages set forth above is a fundamental element of basis of the bargain between you and Dramatic Smiles LLC. Access to the website and/or products would not be provided to you without such limitations. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions Dramatic Smiles LLC will be limited to the maximum extent permitted by law.
6. Copyright and Trademarks: All logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Dramatic Smiles LLC. All other trademarks, product names, company names and or service marks appearing on the website are the property of their respective owners. The site contains information, data, software, photographs, graphics, video, text, images, sounds and other material (collectively "Content") that are protected by copyrights, trademarks and other proprietary rights and these rights are protected in all forms, media and technologies existing now or developed in the future. All content is copyrighted as a collective work under United States copyright laws, and Dramatic Smiles LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content. All rights to such content are reserved to the respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the content available on our website including reproduction for purposes other than as notes above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
7. Indemnification: You agree to indemnify and hold Dramatic Smiles LLC, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of a) your use of our website b) your breach of the agreement and c) your violation of any rights of another individual and/or entity.
8. Third Party Websites: The website may contain links to other websites on the Internet that are owned and operated by third parties. Dramatic Smiles LLC does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Dramatic Smiles LLC of the applicable website or any association with the websites operators. Because Dramatic Smiles LLC has no control over such websites and resources, you agree that Dramatic Smiles LLC is not responsible or liable for the availability or the operation of such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and the applicable advertiser or third party. You further agree that Dramatic Smiles LLC shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
9. General Provisions: The agreement shall be treated as though it were executed and performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of law principles. Should a dispute arise concerning the terms and conditions of the agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before American Arbitration Association in Dramatic Smiles LLC, California in accordance with the then current commercial arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the agreement be held invalid or unenforceable that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The agreement is personal and between you and Dramatic Smiles LLC and governs your use of the website. Dramatic Smiles LLC failure to enforce any provisions of the agreement shall not be deemed a waiver of such provision nor of the right to enforce such provisions. The parties do not intend that any agency or partnership be created through operation of the agreement.
Privacy, Safety & Legal
Why is payment on our website secure?
The Credit Card information is sent back to the control circuit that issued your card by way of a secure server, which uses the protocol SSL3 at 128 bit, the highest security standards for sending sensitive information over the Internet. This system protects the transmission of cryptographic data sent from the browser to the Payment Processing Partner's Secure Server, making it illegible to third parties.
Your credit card is stored encrypted so we do not have access to your credit card details once your order is placed securely online.
We guarantee the highest security level for every purchase. Payment and delivery data are collected through the most technologically advanced codification systems (SSL) and our Online Store uses a VeriSign secure server and an ATW certificate to ensure maximum protection.
We respect your privacy and appreciate your business. You will only receive contact from us if there is an issue with your order, or if you opt in for coupons and special offers. Your list is never sold or shared to a third party.
What information do we collect?
We collect information from you when you place an order, subscribe to our newsletter or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
; To personalize your experience
(your information helps us to better respond to your individual needs)
; To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
; To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
; To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
; To send periodic emails
The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential.
After a transaction, your private information (credit cards, address, email, etc.) will not be stored on our servers.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer service.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
In charging your credit card, we may use external third party software or services to verify your address, in order to validate the charge.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us.
If you no longer wish to receive promotional communications, you may opt-out of receiving them by following the instructions included in each communication or by e-mailing us at firstname.lastname@example.org.
This policy was last modified on 12/23/2012
DRAMATIC SMILES LLC