IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND CLEANER SMILE CAN BE BROUGHT, AND INCLUDES AN ARBITRATION REQUIREMENT, JURY TRIAL WAIVER AND AND CLASS ACTION WAIVER (SEE SECTION XIV. BELOW). PLEASE REVIEW THAT SECTION CAREFULLY, AS IT IMPACTS THE PARTIES' RIGHTS IN ANY DISPUTE.
By using, accessing or ordering products from this Website, you hereby agree to all of the following terms.
YOU UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION AND THAT YOU WILL BE LIABLE FOR PAYMENT OF PRODUCT THAT WAS SHIPPED TO YOU.
By placing an order, you agree to the Terms of Offer, which explain that you must arrange for the return of the product to cancel within 7 days to avoid being billed and charged $119.40 (USD) for the product. All charges will be billed to the card provided today. Failure to complete payments due will result in an additional $4.95 late fee assessed 30 days from the established bill date and every 30 days thereafter until payments are completed. If you wish to cancel, please call: 833-467-5320.
We allow 7 days for you to try our product and 3 days for shipping. Your 7-day ("Risk Free Trial") period begins 3 days after you place your order on the ("Cleaner Smile") Website. The Risk Free Trial Period is calculated in calendar days, NOT business days. To extend Your Risk Free Trial Period due to slow postal delivery outside of the Risk Free Trial period, you must call Our Customer Service Department toll-free at 833-467-5320. Generally, we will grant reasonable requests to extend Your Risk Free Trial Period. If you like the Product and want to keep it, you don't have to do anything else. On the 10th day after the day you place your order, your credit card will be billed for the full amount of the product you ordered. In the unlikely event you are not satisfied with the Product and want to return it, you must call our Customer Service Department toll-free at 833-467-5320 prior to the expiration of the Risk Free Trial Period to arrange for product return and cancel your order. Failure to complete payments due will result in an additional $4.95 late fee assessed 30 days from the established bill date and every 30 days thereafter until payments are completed.
IMPORTANT: If you don't call us before the Trial Period ends, your credit card will be charged for the Product that was sent to you.
We allow 60 days to give you online access to personalized health, fitness and coaching to improve health, develop healthy habits and much more. Take advantage of the membership, free for 60 days.After the 60 days, service will continue for only $9.95 (USD) billed monthly to the card provided. You may cancel your membership anytime by calling (800) 899-7148.
We offer shipping anywhere in the continental United States. All orders placed between the hours of 6 am and 3 pm Monday and Friday generally ship the next day. Weekend orders will be shipped out in 2-3 business days. Business days are Monday through Friday, excluding all US postal holidays. Handling is also included in your order. As soon as your order is shipped, you will be sent a confirmation email with your tracking numbers necessary to locate and track the status of your order in transit.
To cancel your order at any time, call Our Customer Service Department toll-free at 833-467-5320 (North America). If You are ever not satisfied with any Product that You ordered, You may call Our Customer Service Department toll-free at 833-467-5320 (North America) and request a refund. We will do whatever is necessary to ensure 100% customer satisfaction.
If You believe that You have been billed improperly, please notify us via email at [email protected] or by calling our Customer Service Department toll-free immediately at 833-467-5320. If We do not hear from You within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by You for all purposes, including resolution of inquiries made by Your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Us within thirty (30) days of its publication.
By clicking "SUBMIT," I am agreeing to receive text messages from shop.cleanersmile.com/offers4new and business partners. I provide my signature expressly consenting to recurring contact from Cleaner Smile or its business partners at the number I provided regarding products or services via live, automated or prerecorded telephone call, text message, or email. I understand that my telephone company may impose charges on me for these contacts, and I am not required to enter into this agreement as a condition of purchasing property, goods, or services. I understand that I can revoke this consent at any time.
For SMS campaigns: Text STOP to cancel and HELP for help. Msg & data rates may apply. Recurring msgs up to 9 msgs per month.
This Agreement will remain in effect as long as You access the Website or order anything from the Website. We reserve the right to terminate this Agreement without notice and/or refuse to sell to anyone who We believe, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services we provide, or (iii) is unable to provide us with sufficient information to allow us to properly identify the customer's real name, address, or other contact information.
Our Products have not been evaluated by the FDA, and Our Products are not intended to diagnose, treat, cure or prevent any disease. Individual results will vary, and are dependent on factors including age, weight, diet, and exercise regimen. We do not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person. You agree that You either have consulted, or will consult, with a physician before taking any of Our Products, and You will cease immediately taking Our Products if You experience any ill effects or unintended side effects of any Product. You understand and agree that the information we convey about our Products is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities ("Third Parties"). We do not warrant or represent that such information is error-free, and we do not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data. The Website is the sole and exclusive property of Cleaner Smile or its licensors, and is protected by copyright and trademark laws of the United States. Do not use or copy any of the images, text, graphics, or other materials located at the Website without Our permission.
In no event shall Cleaner Smile or its officers, directors, employees or subcontractors be liable for any indirect, special, incidental, exemplary, consequential or punitive damages, under any cause of action whatsoever including but not limited to contract, tort, strict liability, warranty or otherwise, for any claim, cause of action, fee, expense, cost or loss (collectively, "Claims") arising from or related to this Agreement, the Products, or Customer's use of the Website or any Product.
Except as otherwise specifically stated in this Agreement, the Website and all Products and services provided to You are provided "as is", without any warranty whatsoever. You agree that Cleaner Smile entire liability for all Claims shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to Cleaner Smile in the one (1) month period immediately preceding the incident on which Your Claim is based. This limitation of liability shall apply for all Claims, regardless of whether Cleaner Smile was aware of or advised in advance of the possibility of damages or such Claims.
The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
You agree to comply strictly with all of the terms of this Agreement. You also represent that (i) You are age eighteen or older, (ii) You have read this Agreement and understand its terms, (iii) You will not resell or redistribute any Product that You order from the Website, (iv) Cleaner Smile has the right to rely upon all information provided to Cleaner Smile by You, and (v) Cleaner Smile may contact You by email, telephone or postal mail for any purpose.
Any notice required to be given under this Agreement to You may be provided to You by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that You provided to Us, and shall be deemed delivered once sent. Notices by customers to Cleaner Smile must be sent in writing to the following address: Cleaner Smile Customer Support, 476 Shotwell Road,STE 102-260, Clayton,NC 27520
You agree to defend, indemnify, and hold harmless Cleaner Smile, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your misuse or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If we do not hear from You promptly, we reserve the right to defend such claim or suit and seek full recompense from You.
This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of the State of Florida, excluding its conflict of law provisions. Venue for any matter arising from or related to this Agreement shall exist solely and exclusively in Palm Beach County, Florida, and the parties hereby submit to the personal jurisdiction of the state and federal courts sitting in Palm Beach County, Florida for such purpose.
In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorney's fees incurred on appeal. No waiver of or by Cleaner Smile shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement. Cleaner Smile shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Cleaner Smile performance.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement. This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters. Cleaner Smile reserves the right to change any of the provisions listed herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. Cleaner Smile does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Cleaner Smile in writing, these terms and conditions may not be amended by you.
You agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Cleaner Smile shall exclusively be settled through binding and confidential arbitration. Any such arbitration shall take place in the state and county where you reside subject to the laws of the state of Florida.
Arbitration shall be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from a nationally recognized arbitration services such as JAMS pursuant to such organization's standard rules and procedures. The In the case of arbitration and where permitted by law, you are thus agreeing to GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
In the case of arbitration and where permitted by law, you and Cleaner Smile must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR CLEANER SMILE MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Cleaner Smile will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) Cleaner Smile also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator's award, or fails to comply with the Arbitrator's award, the other party shall be entitled to costs of suit, including reasonable attorneys' fees.