Teeth Gap makes no warranties or
representations about the accuracy or completeness of this Site's content
or the content of any site or External Sites.
Teeth Gap does not filter advertisements
or other content that children may view through our sites or "hot-linked"
sites, and they could receive content and materials from the Internet
and/or advertising that are inappropriate for children. We encourage
parents and guardians to spend time online with their children and to
consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION,
SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT,
GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, Teeth Gap DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER
VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. Teeth Gap DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Teeth Gap DOES NOT MAKE ANY
WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS
SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY,
USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
Back to Top
LIMITATION OF LIABILITY.
IN NO EVENT SHALL Teeth Gap BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF Teeth Gap HAS
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN
ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR
IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Back to Top
You agree to indemnify, defend, and hold
harmless Teeth Gap, its officers, directors, employees, agents, licensors
and suppliers (collectively the "Provider") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any activity
related to your Internet account (including negligent or wrongful
conduct), by you or any other person accessing the Site using your
Back to Top
Your use of this Site shall be governed in
all respects by the laws of the state of Ohio, U.S.A., without regard to
choice of law provisions, and not by the 1980 U.N. Convention on contracts
for the international sale of goods. You agree that jurisdiction over and
venue in any legal proceeding directly or indirectly arising out of or
relating to this Site (including but not limited to the purchase of Teeth Gap products) shall be in the state or federal courts located in Hamilton
County, Ohio. Any cause of action or claim you may have with respect to
the Site (including but not limited to the purchase of Teeth Gap products)
must be commenced within one (1) year after the claim or cause of action
arises. Teeth Gap's failure to insist upon or enforce strict performance
of any provision of these terms and conditions shall not be construed as a
waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any of these terms and
conditions. Teeth Gap may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Teeth Gap makes no representation that
materials in the Site are appropriate or available for use in other
locations, and access to them from territories where their content is
illegal is prohibited. Those who choose to access this Site from locations
outside Ohio do so on their own initiative and are responsible for
compliance with applicable local laws. You may not use or export the
materials in violation of U.S. export laws and regulations. Any claim
relating to the materials shall be governed by the internal substantive
laws of the State of Ohio.
Back to Top
By using this Site, you agree that
Teeth Gap, at its sole discretion, may require you to submit any disputes
arising from the use of this Site, or these Terms and Conditions concerning
or, including disputes arising from or concerning their interpretation,
violation, nullity, invalidity, non-performance or termination, as well as
disputes about filling gaps in this contract or its adaptation to newly
arisen circumstances, to final and binding arbitration under the
International Rules of Arbitration of the American Arbitration Association,
by one or more arbitrators appointed in accordance with the said Rules.
Notwithstanding these rules, however, such proceeding shall be governed by
the laws of the state as set forth in the previous section.
Any award in an arbitration
initiated under this clause shall be limited to monetary damages and shall
include no injunction or direction to any party other than the direction to
pay a monetary amount. Further, the arbitrator(s) shall have no authority to
award punitive, consequential or other damages not measured by the
prevailing party's actual damages in any arbitration initiated under this
section, except as may be required by statute.
Back to Top
Teeth Gap may revise these Terms at any time
by updating this posting. You should visit this page from time to time to
review the then-current Terms because they are binding on you. Certain
provisions of these Terms may be superseded by expressly designated legal
notices or terms located on particular pages at this Site.
Back to Top