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miBrite - Terms and Conditions

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Terms and Conditions

TrendSight Oral Care, LLC operates www.mibrite.com (the “Site”) and is the designer and manufacturer of products sold on this Site. By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms and Conditions”). Additional Terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or conditions are referred to as the “Agreement.” TrendSight Oral Care reserves the right to amend, alter or modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last dates these Terms of Use were revised is November 28, 2017.

Use of Site

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about miBrite products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. miBrite reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to miBrite or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by miBrite or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by miBrite. With the exception of the Sample Images, you may not manipulate or alter in any way images or other Content on the Site.

Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

Links to Third Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by miBrite of the third party, the third-party web site, or the information contained therein. miBrite is not responsible for the availability of any such web sites. miBrite is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of miBrite affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

Linking to this Site

If you would like to link to the Site, you must follow miBrite’s link guidelines. Unless specifically authorized by miBrite, you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

Downloading Files

miBrite cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

Software

Any software available for download via the Site is the copyrighted work of miBrite and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

Disclaimers of Warranties

MIBRITE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. MIBRITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. MIBRITE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. MIBRITE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability

SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCE, INLCUDING NEGLIGENCE, SHALL MIBRITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF MIBRITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MIBRITE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless MiBrite, its parent companies, subsidiaries, affiliated companies, joint ventures’, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys´ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

User Supplied Submissions / Photo Release

You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”) will be considered non-confidential and nonproprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give miBrite the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you or the foregoing 3rd party(ies), with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in whole or in part, without any restriction or responsibilities to you.

Notwithstanding the foregoing, miBrite will occasionally accept approved photo, video, and other Submissions from our users. Such Submissions, along with your first name and your last name, may be posted not only on the Site, but also on our pages of other social media sites, such as Instagram, Facebook, YouTube, Twitter, and Pinterest. miBrite cannot and does not assume any liability from Submissions posted by members to the Site.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes Your use of this site and receipt of data, materials and information available at/or through this site, the possibility of our use or display and/or distribution of your content and the possibility of the publicity and promotion from our use or display and/ or distribution of your content.

Privacy

miBrite collects personal information primarily to make our services more rewarding for you to use. We usually use this information for internal purposes, such as studying our customers’ preferences. We may also use your information to contact you for account and promotional purposes.

Email Address Usage

We use e-mail addresses to send out newsletters and other announcements with information about mibrite.com’s new products, gifts and special features. When you register, you can choose not to receive these announcements by opting-out of delivery. If you receive an e-mail and want to avoid further messages, look at the end of the e-mail for instructions on how to remove yourself from the mailing list.

Termination

You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.