Terms of Use

Please read the following statements carefully as they address the rules of engagement between us. The entire content of these Terms should be read in conjunction with our Privacy Policy and our Disclaimer.

 

This website is operated by HealthyStart®, a division of Ortho-Tain, Inc. (“the Company"). Throughout the site, the terms "we", "us" and "our" refer to HealthyStart®, a division of Ortho-Tain, Inc. These terms and conditions govern your use of this site. HealthyStart® provision of information, and the tools and services available from this website, to you, the user, are conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

 

By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use", ''Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the sites, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Use carefully before accessing or using our websites. By accessing or using any part of the sites, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the websites or use any services. If these Terms of Use are considered an offer, then acceptance is expressly limited to these Terms of Use.

 

Any new features or tools which are added to the website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the websites following the posting of any changes constitutes acceptance of those changes.

 

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. 

 

A breach or violation of any of the Terms will result in an immediate termination of your Services. 

 

GENERAL CONDITIONS 

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We reserve the right to refuse service to anyone for any reason at any time. 

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the websites through which the service is provided, without express written permission by us. 

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

 

MEDICAL DISCLAIMER

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All information contained on this website, including information relating to orthodontic, dental, medical and health conditions, and products and treatments, is for informational purposes only. This information should not be considered complete and is not intended to be used in place of a patient visit, call, consultation or advice of an orthodontist, dentist or medical professional, or any information contained on or in any product packaging or labels. Information obtained by using the website is not exhaustive and does not cover all orthodontic or dental procedures or treatments. The information on this website and any link to other sites is for informational purposes only and is not intended to provide medical advice for any specific medical condition you may have. This website does not create a doctor/patient relationship.

 

USE OF THE WEBSITE’S CONTENT

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By visiting and using the website, you represent to us that you are at least 13 years old. Further, by visiting and using the website, you represent to us that, if you are under the age of majority in your state (i.e., if you are a minor), you have consent from a parent or legal guardian to do so, and that your parent or legal guardian has read and agreed to these Terms of Use. IF YOU ARE UNDER THE AGE OF 13, DO NOT USE THE WEBSITE. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR STATE (I.E., IF YOU ARE A MINOR), DO NOT USE THE WEBSITE WITHOUT CONSENT OF A PARENT OR LEGAL GUARDIAN.

 

Subject to these Terms of Use, we grant to you a limited, personal, revocable, non-exclusive, non-transferable license to use the website for your personal use and not for resale or further distribution. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes use of the website, access to the website or any of the content accessible through the website. You agree not to copy or post on any networked computer, broadcast in any media, or to use, modify, distribute, publish, transmit or create derivative works of any material found on our website for any public or commercial purposes. You are not permitted to modify any materials from this website in any way.

 

Except as expressly provided above, nothing contained in this website will be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of HealthyStart® or any third party.

 

USER CONDUCT

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You agree to not use the website to: post or transmit any material that is unrelated to the subject matter of the website; violate or solicit the violation of any applicable local, state, national or international law or regulation; violate the rights of any third party, including but not limited to intellectual property rights, contractual rights, and privacy or publicity rights; interfere with or disrupt the website, computer servers or boards accessible through the website; intentionally seek information on, obtain copies of or modify files or other data or passwords belonging to other users without permission; or harvest usernames, e-mail addresses or other personal information for any purpose; impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity; defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous; and/or engage in or facilitate the transmission of unsolicited mass mailing or spamming. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are not, and shall not be, under any obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

HealthyStart® may, at its sole discretion, terminate your ability to use the website and seek all legal remedies and relief available at law or equity for the violation(s) of these Terms of Use.

 

PROHIBITED USES 

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In addition to other prohibitions as set forth herein, you are prohibited from using the sites or content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international. federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult. harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext. spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

 

INTELLECTUAL PROPERTY 

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You acknowledge and agree that all content and materials available on the sites are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. 

Except as expressly authorized by the Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt. edit, or create derivative works from such materials or content. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the sites is strictly prohibited without the express written permission of the Company. For information on requesting such permission, please contact us. Any content generated as part of any discussions on any of the Company's properties, will remain property of the Company. By commenting and taking part in any of the discussions, you acknowledge this fact and release ownership.

 

FEEDBACK AND CONTENT SUBMISSION

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Any comments, feedback, information, suggestions, submissions or materials you submit through or related to this website (a "Submission") will be considered non-confidential by HealthyStart®. You acknowledge that you are responsible for the Submissions that you provide, and that you, not HealthyStart, have full responsibility for the Submissions, including their legality. By making a Submission, you agree you have the right to do so free of any claims from any third party, and agree to bear sole responsibility and liability for any claims related to such Submission. 

 

A user shall not make a Submission unless he/she (and his/her parent or legal guardian) agrees to grant to HealthyStart® a worldwide, exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid right and license: (a) to make, have made, use, copy, reproduce, modify and to create derivative works of any Submission, and a non-exclusive right to use the name and likeness of any person mentioned or included in such Submission in connection with any use of the Submission and in connection with any derivative works that may be created from the Submission in any media, software or technology of any kind now existing or developed in the future, including the advertising thereof; (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell, and sell, rent, lease or lend copies of the Submission and derivative works thereof; and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, all without expectation of compensation, other than the right to access and use the website pursuant to these Terms of Use.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

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We are not responsible if information made available on these sites is not accurate, complete or current. The material on these sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on these sites is at your own risk. These sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of these sites at any time, but we have no obligation to update any information on our sites. You agree that it is your responsibility to monitor changes to our sites. 

 

MODIFICATIONS TO THE SERVICE AND PRICES 

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Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

 

PRODUCTS OR SERVICES 

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Certain products or services may be available exclusively online through the websites. These products or services may have limited quantities. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or services, or product or service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on these sites is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

 

REFUNDS AND CANCELLATION POLICY 

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Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy. Some products and services are digitally delivered instantly so we do not offer refunds if you change your mind about using our services. This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way we have provided the services to you. 

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account. the same credit card. and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made from us., including through our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

OPTIONAL TOOLS 

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We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the websites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use. 

 

THIRD-PARTY LINKS 

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Certain content. products and services available via our Service may include materials from third-parties. Third-party links on these sites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

 

PERSONAL INFORMATION 

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Your submission of personal information is governed by our Privacy Policy. 

 

ERRORS, INACCURACIES AND OMISSIONS

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Occasionally there may be information on our sites or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

 

INDEMNIFICATION

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You agree to indemnify, defend and hold harmless Ortho-Tain, Inc. and HealthyStart® and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

 

SEVERABILITY

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In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions. 

 

TERMINATION

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The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our sites. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our goods or services (or any part thereof). 

 

ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to the goods or services sold by us constitute the entire agreement and understanding between you and us and govern your use of the website service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use.) Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. 

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GOVERNING LAW 

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These Terms of Use and any separate agreements whereby we provide you goods or services shall be governed by and construed in accordance with the laws of Illinois. You hereby consent to the federal and/or courts located in Cook County, Illinois (USA) for personal jurisdiction and venue purposes for any the resolution of any and all disputes for any matter arising out of or related to these Terms of Use.

 

CHANGES TO TERMS OF SERVICE

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You can review the most current version of the Terms of Use at any time at this page. We reserve the right. at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our websites. It is your responsibility to check our websites periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms of Use constitutes acceptance of those changes. 

 

CONTACT INFORMATION 

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If you do not understand the content of the Terms, or if you have any questions or comments, we invite you to contact us via email at contact@thehealthystart.com.

 

These Terms of Use were last updated January 19, 2021.