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Terms & Conditions

Overview

SoFresh® Oral Care, a Division of OraMedix, Inc., would like to thank you for visiting our website.

Please read the following Terms and Conditions of Use carefully before using this website.  By viewing and accessing this website, you agree to be bound by the following Terms and Conditions, including the Disclaimers set forth below.  If you are not willing to be bound by these Terms and Conditions, including the Disclaimers, you may not view or use this site.

SoFresh® Oral Care reserves the right to make changes to this website and its Terms and Conditions at any time, and any changes made shall become effective immediately upon posting.  Each time you visit this website, you should review the then Terms and Conditions, to ensure that you are aware of the latest policies pertaining to the use of this website.

Intended for Adult Users

This website is not designed or intended to collect personal information from anyone under the age of 18.  We will not knowingly collect personal information from any person under the age of 18.  All individuals under the age of 18 that wish to visit our website should do so with the consent of and in conjunction with a parent or guardian.  By using this site, you acknowledge that you are 18 years or older.

This Website Does Not Provide Professional Health Advice

The information contained in this website is provided for informational purposes only and is intended to provide users with a general understanding of the health benefits of SoFresh® Oral Care products.  The information should not be considered complete and does not cover all health and/or dental issues.  You should not conclude by virtue of something you have read on this website that you do not need to consult a health care professional.  Never disregard medical or dental advice or delay in seeking advice or treatment as a result of something you read on this website.  The information is not a substitute for professional medical or dental advice and nothing contained on this website is intended to be instructional for medical or dental diagnosis or treatment.

Restrictions on Use of Materials

All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes, logos, product designs, button icons, banners and software, contained in this site are the copyrighted property of OraMedix, Inc. or its affiliated companies and/or third party licensors.  All trademarks, service marks, and trade names are proprietary to OraMedix, Inc. or its affiliates and/or third party licensors.  Unauthorized use of the materials will violate intellectual property rights.  All rights not expressly granted in these Terms and Conditions are reserved to OraMedix, Inc. or its affiliated companies and/or third part licensors, whichever is the owner of any specific material.  No other rights or licenses, whether express or implied, arising from estoppel or otherwise, are conveyed or intended by these Terms and Conditions.  As such, no material from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

You may not link any other website to this website, nor reference hypertext documents on this website from another website or document including e-mail, without the prior written consent of OraMedix, Inc.

OraMedix, Inc. reserves the right at any time and in its sole discretion to change or revoke any authorization granted above.  In such circumstances or if you violate any of the provisions of these Terms and Conditions your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials.

Nothing contained in this site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this site without the written permission of OraMedix, Inc. or the respective owner of the trade mark.

Disclaimers and Limitation of Liability

By accessing and viewing this website, you expressly agree that use of this website is at your sole risk.

When using this website, information will be transmitted over a medium over which OraMedix, Inc. has no control or jurisdiction.  Therefore, OraMedix, Inc. does not assume any liability for or relating to the delay, failure, interruption or corruption of any information transmitted in connection with the use of this website.  This website and the information given through this website are provided without charge and are provided on an “As Is” and “As Available” basis. Neither OraMedix, Inc. nor any of its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like warrant that use of this website will be uninterrupted or error-free.  Neither OraMedix, Inc. nor any of its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like warrant the accuracy, integrity or completeness of the content provided on this website or the products or services offered for sale on this website.  Additionally, OraMedix, Inc. makes no representation that content provided on this website is necessarily applicable to, or appropriate for use in, locations outside of the United States. 

Under no circumstances shall OraMedix, Inc. nor any of its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use this website, including but not limited to reliance by you on any information obtained from this website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance.  The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of OraMedix, Inc. has been advised of or should have knowledge of the possibility of such damages.  User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through this website.

Indemnification

You agree to indemnify, defend and hold OraMedix, Inc. and its affiliates and their respective officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, liabilities, costs and/or expenses whatsoever (including without limitation reasonable legal fees disbursements) arising out of or resulting, directly or indirectly, from: (a) your breach of these Terms and Conditions; (b) your access to or use of this website or any website to which this Site is or may be linked from time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from this website; and/or (d) your violation of any law, rule or regulation.  You shall use your best efforts to cooperate with us in the defense of any claim.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Jurisdictional Matters

Unless otherwise specified, the information is presented solely for, and any coupons, checks, promotions and programs are offered only to, residents of the United States of America.  We make no representation that material on this site is appropriate or available for use in any particular location.  Those who choose to access this site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Arbitration

By using this website, you agree that OraMedix, Inc., at its sole discretion, may require you to submit any disputes arising from the use of this website, 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 Commercial Arbitration Rules 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 these Terms and Conditions.  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.

General

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.  You agree that any action at law or in equity relating to the arbitration provision of these Terms and Conditions shall be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

SoFresh® Oral Care’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right.  No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.  This is the entire agreement between us relating to the subject matter herein and, except as provided in these Terms and Conditions with respect to changes to these Terms and Conditions, shall not be modified except in writing, signed by an authorized representative of SoFresh® Oral Care, a Division of OraMedix, Inc.

Contact

For more information, please write to us at:

SoFresh Oral Care
P.O. Box 5357
Lancaster, CA 93539-5357


* Effective and Last Modified on June 14, 2010