Terms of service

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE

Last Updated: February 11, 2022

This is a binding agreement (“Agreement”) between you, the user of this website (“you”), and State & Lake Marketing, Inc., the operator of this website, its members, officers, directors, affiliates, and agents (“we” or “us”). By using this website located at www.givehappyteeth.com (“Site”), you agree to be bound by the following terms and conditions. If you do not agree with the terms and conditions below or you do not have the legal capacity to enter into a binding agreement with us, you may not use this Site. We may update these terms and conditions at any time. Your continued usage of the Site means you accept our changes and agree to be bound by the new or modified terms and conditions.

 

  1. This Site Does Not Provide Medical Advice

The content of this Site, including text, graphics, images, interactive dentist maps, and other materials either created by us or obtained from others and appearing on or linked to this Site (collectively, "Content") is for informational purposes only. The Content is not a substitute for professional medical advice, diagnosis, or treatment. Unless we specifically state, we do recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us or others appearing on the Site is solely at your own risk. Always seek the advice of your physician, dentist, or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. If you may have a medical emergency, call your doctor or 911 immediately.

  1. Use of Site

If you are below the age of consent under applicable law where you reside, then your parent or legal guardian must read and accept this Agreement on your behalf. This Site is not targeted to nor meant for anyone who has not reached 13 years of age. You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not under any circumstances or for any reason use the Content of this Site. You are solely responsible for ensuring that your use of the Site and its Content complies with all laws, rules, and regulations applicable to you. The right to access this Site and its Content is revoked if your use is prohibited by law. Certain services provided by third parties may be subject to additional terms and conditions over which we have no control. We grant you a limited, non-exclusive, revocable, and non-sublicensable license to view, print, download, and display the Content only for your personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content other than for your personal use is expressly prohibited without prior written permission from us.

 

  1. Site Accessibility, Security, and Content Availability

You are responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. We are not liable to you for any damages to, or any viruses that might infect, your computer or other property through your use of this Site. While we intend to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including interruptions in internet service that are beyond our control and for Site maintenance. We are not responsible for any data lost during internet transmissions or your inability to access this Site. We reserve the right, but do not have any obligation, to remove, edit, modify, or otherwise manipulate any Content in our sole discretion, at any time, without notice to you, and for any reason (including, but not limited to, receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that the Content may violate this Agreement) or for no reason at all.

 

  1. Affiliate Marketing

We participate in affiliate marketing programs and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links. For example, we are a participant in the Amazon Services LLC Associates Program, which is designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.

 

  1. Privacy

We are committed to protecting the privacy of your information. See our Privacy Policy at Privacy Policy for more information on our privacy practices.

 

  1. Copyrights, Trademarks, and Other Intellectual Property

Our Content is protected by copyrights, trademarks, service marks, and other proprietary rights and laws. You agree to abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site. Except as otherwise provided in these terms, none of the Content may be copied, distributed, downloaded, modified, or displayed in any form or by any means without our prior written approval or the approval of the copyright owner. Permission is granted to you to access, display, copy, and download the Content on this Site only for your personal, non-commercial use, provided you do not modify the Content and that you retain all copyright, trademark, and other proprietary notices contained in the Content. This permission terminates automatically if you breach any of these terms or conditions. By downloading the Content from this Site or purchasing a product you do not acquire any ownership interest or rights to the Content. The trademarks, logos, trade names, and service markers, whether registered or unregistered, displayed on the Site are the trademarks of State & Lake Marketing or used with the permission of third parties (collectively, the “Trademarks”). Nothing contained on the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of us or such third party that may own the Trademark. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.

 

You may not bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to our Content or services provided by or through the Site.

 

If you are a copyright owner or owner’s agent and find content on the Site you believe infringes upon your copyright(s), you may submit a notification in accordance with the Digital Millennium Copyright Act to the following address. Upon receipt of proper notice, we will expeditiously remove the infringing content. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user.

 

Website Manager

givehappyteeth.com

15209 Las Robles St.

Oak Forest, IL 60452

alex@teethtalkgirl.com

  1. Creating an Account

Our products are available only via purchase through this Site. Our products are shipped directly to you and shipping may not be available in your location. If you are in an area where we are unable to ship, you will not be able to place an order. Before placing an order with us, you must set up an online account and provide us with your name, physical address for delivery, email address, phone number, and password. To place an order, you additionally will need to provide our payment processor with your billing address and credit card information. For additional optional services, you may need to provide us with your occupation and birth date. You agree that the information you provide is current, complete, and accurate and that you promptly will update your account and other information, including your email address and credit card numbers and expiration dates. As noted below, your credit card information is retained by a third party, and not us. For details on how your information is kept, please review our Privacy Policy at privacy policy.

 

  1. Placing an Order

After you have established an account with us, you will be able to place orders. All prices are in U.S. dollars and are subject to change without notice. Certain products may have limited quantities, and we reserve the right to limit the number of products you purchase and to substitute similar goods. We have made every effort to display accurately the colors and images of the products, but we cannot guarantee that your computer monitor’s display of any color will be accurate. All descriptions of products are subject to change. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, services, information, or other purchases by you on our Site will meet your expectations.

 

  1. Shipping

It takes us 24 hours to process your order before shipping. We do not process orders on weekends or holidays. See our Shipping & Returns policy.

 

  1. Returns

Purchases made via this Site may be returned subject to certain conditions. See our Shipping & Returns policy.

 

  1. Disclaimer of Warranty and Limitation of Liability

You expressly agree that use of this site AND THE PRODUCTS WE SELL ON THIS SITE ARE PROVIDED TO YOU at your sole risk. THIS SITE AND ALL INFORMATION AND PRODUCTS DESCRIBED ON THIS SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING, neither WE nor any of OUR affiliates, employees, agents, or licensors make any REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

WE DO NOT WARRANT THAT THIS SITE OR EMAILS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THIS SITE, INCLUDING ANY DIRECT, special, indirect, incidental, consequential, or punitive damages, even IF WE haVE been advised of the possibility of such damages. the aggregate liability of US, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to these terms or the purchase oR use of any products described on the site WILL BE LIMITED TO THE PRICE YOU PAID FOR THE PRODUCT GIVING RISE TO THE LIABILITY.

 

Warranties give you specific legal rights, and you may have other rights, which vary from state to state.

 

  1. Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliates, respective members, managers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of this Site.

 

  1. Electronic Communication

If you create an account or purchase a product through us, you agree to receive from us promotional emails, newsletters, and administrative emails. See our Privacy Policy [provide hyperlink] regarding what information we collect from you, how we use that information, and how you can opt out from receiving our promotional emails.

 

  1. Termination

We may terminate this Agreement and any account you have activated at any time for any reason without prior notice. Without limiting the foregoing, we have the right to terminate immediately your use of the Site if you violate any terms or conditions of this Agreement.

 

  1. Dispute Resolution

You agree that any and all disputes, claims, or controversies arising out of or relating to this Agreement, including your purchase of a product from us, will be determined exclusively by confidential, final, and binding arbitration in accordance with the then existing Commercial Rules of the American Arbitration Association before a single arbitrator, in Cook County, Illinois, and pursuant to the laws of the State of Illinois without reference to its conflict of laws provisions. Disputes, claims, and controversies subject to final and binding arbitration include, without limitation, all those that otherwise could be tried in court to a judge or jury in the absence of this agreement to arbitrate. By agreeing to submit all such disputes, claims, and controversies to binding arbitration, you expressly waive any rights to have such matters heard or tried in court before a judge or jury or in another tribunal. Any award will be final, binding, and conclusive upon the parties, subject only to judicial review provided by statute, and a judgment rendered on the arbitration award may be entered in any state or federal court having jurisdiction thereof. You should note that discovery rules, standards of evidence, rights to appeal, and procedural rules, among other things, differ in arbitration from the rules applicable in a civil trial. You agree that you can bring a claim or other action against us only in an individual capacity and not as a plaintiff or member of a class or in a representative action.

 

  1. Statute of Limitations

You agree that regardless of any law to the contrary, any claim or cause of action arising out of this Agreement or the purchase of products through the Site must be filed within one (1) year after such a claim or cause of action arose or be forever barred.

 

  1. Completeness and Severability

This Agreement and our Privacy Policy constitute the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous agreements. Our failure to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or its application to any person or circumstance is deemed by a court of competent jurisdiction to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will be enforceable to the fullest extent permitted by law. Any ambiguities in the interpretation of this Agreement will not be construed against the drafting party.

 

  1. Contacting Us

If you have any questions about this Agreement or its use by you or others, you may contact us at any time by email to hello@givehappyteeth.com.