Disclaimer

Please read the following statements carefully, as they address the rules of engagement between us. For purposes of this agreement and for ease of use, a reference to ‘the Company’ shall be a reference to HealthyStart®, a division of Ortho-Tain, Inc., its affiliates, their respective products, and their employees and agents. The Websites include, but are not limited to www.thehealthystart.com. The information provided in or through this Website is for educational and informational purposes only. The statements made within this website have not been evaluated by Health Canada.

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Website Services

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We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

 

In no case shall HealthyStart®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

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No Guarantee Provided 

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Your success may depend on the amount and accuracy of information that you provide to us, followed by your own effort, motivation, commitment and follow-through, i.e. compliance with the HealthyStart® System’s protocols. For example, should you decline to provide a Panorex (an x-ray that provides a full view of the upper and lower jaws, teeth, temporomandibular joints (TMJs) and sinuses) then the potential for undiagnosed conditions may impact adversely on the ability to achieve the desired outcome.

 

You accept and understand that results may differ for each individual and depend on his or her unique background, dedication, desire, motivation, actions, and provision of accurate factual information at the outset. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website. As with any product or service, it is possible that some people will purchase our products but not use them as directed, or at all, and therefore will get no results whatsoever. We also know, from 50+ years of experience and more than 4 million patients treated to date, that those who provide comprehensive information to us and then rigorously follow the HealthyStart® System protocols are very likely to achieve the desired results.

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Testimonials 

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To the extent that real world experiences, testimonials, and insights about other people’s experiences are included on our website, these are for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to their experiences working with the Company. The testimonials are not intended to represent or guarantee that current or future clients will achieve the same or similar results. These testimonials represents what is possible for illustrative purposes only.

 

Exclusive Obligation

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Our products are designed for personal use only, and are not designed nor manufactured as a product for lethal purposes. Our products may not be used for unlawful purposes and such use is expressly prohibited under the terms and conditions of its use.

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Use Limitation

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You may not modify, copy or reproduce this product. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell, any information, software, products or services obtained from Ortho-Tain/HealthyStart’s website or from the sale of its products.

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Limited Warranty

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HealthyStart’s products are warranted against any defective material or workmanship for a period of 12 months from the date of shipment. Any returned product determined by Ortho-Tain/HealthyStart to be defective will be replaced, however no labor costs, professional’s fees or other claim for damages will be allowed. The warranty provided does not cover damages caused by the user’s alteration or improper or illegal use of the product.

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Limitation of Liability

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Ortho-Tain/HealthyStart’s liability is limited to repair or replacement of its products which are returned to it in the specified period of time and which are determined to be defective by manufacturer. In no event shall Ortho-Tain/HealthyStart be liable for any direct, indirect, punitive, incidental, special and/or consequential damages, of any kind whatsoever, arising out of or connected with the use or misuse of its products. In no event shall Ortho-Tain/HealthyStart  liability exceed the value of the product(s) sold.

 

Other Statements

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Ortho-Tain/HealthyStart employees or representatives oral or other written statements do not constitute warranties, shall not be relied upon by the buyer, and are not a part of the contract for the sale of goods to which this limited warranty attaches.

 

Alteration or Misuse

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Our products are safe when used as directed for their intended purpose. The alteration and/or misuse of our products, including for an unintended purpose, can present an increased risk of injury or other damages. The alteration and/or misuse of products sold by Ortho-Tain/HealthyStart may involve serious risks of injury or other damages, including injury, disability and death. Users of our products who choose to alter or misuse our products do so at their own risk.

 

Assumption of Risk

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By buying, using, or allowing the use of Ortho-Tain/HealthyStart’s products, you understand and agree that this product can be associated with a risk of injury, as set forth above, and to the extent permitted by law, you expressly and voluntarily assume the risk of such injury or damage, whether or not caused by the negligence or other fault of Ortho-Tain/HealthyStart. Additionally, you agree to indemnify, defend, and hold Ortho-Tain/HealthyStart harmless from any third party claims arising from or related to such alteration or misuse of our products.

 

Inspect Before Each Use

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This product must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately return the product to Ortho-Tain/HealthyStart for a replacement.

 

Entire Obligation

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The entire contents of this Disclaimer should be read in conjunction with our Terms of Use and our Privacy Policy. Collectively, they state the entire obligations of Ortho-Tain/HealthyStart with respect to their products and services. If any part of this Disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.

 

Applicable Law and Consent to Exercise of Jurisdiction and Venue

Your order from Ortho-Tain/HealthyStart and this disclaimer statement are governed by the laws of the state of Illinois, United States. You hereby consent to the exclusive jurisdiction and venue of those courts, federal or state, that are situated in Cook County, Illinois, for the resolution of all disputes arising out of or relating to the purchase and/or use of Ortho-Tain/HealthyStart’s product or service. The use of our products are unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation to this paragraph.

 

Modification of Terms and Conditions

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Ortho-Tain/HealthyStart reserves the right to change the terms, conditions, and notices under which its products are offered at any time.

 

If you do not understand any of the contents of this Disclaimer, or if you have any questions or comments, we invite you to contact us via contact@thehealthystart.com.

 

This Disclaimer was last updated January 19, 2021.