OTIS Dental, LLC Terms of Service
Effective Date: May 12, 2017
Please read the following terms of service carefully, by accessing or using the OTIS Dental website and any service provided by us, you agree to be bound by these terms of service. If you do not agree to all of these terms of service, you may not access or use the services provided by us.
The Terms of Service (the “Terms”) apply when you view or use OTIS Dental, LLC’s (“OTIS Dental”, “we”, “our” or “us”) website located at www.HelloOtis.com (the “Website”). The Website, any product offered on the Website, and any feature, content, tool and service accessible through the Website are collectively referred to as the “Service.”
About the Service
The Service allows the users to order a variety of dental products (the “Products”).
Subject to the terms, conditions and limitations set forth in these Terms, OTIS Dental hereby grants you a non-exclusive, non-transferable and revocable license to access and use the Service for your personal, non-commercial use only, except as otherwise specifically permitted under a written agreement entered into with OTIS Dental. Use, reproduction, modification, distribution or storage of any of the Website’s content, including without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services for purposes other than using the Services is expressly prohibited without prior written permission from us. You may not remove, alter or obscure any copyright, trademark or other proprietary rights notice on the Website. Any attempt to do so is a violation of our rights. If you breach any of the foregoing restrictions your right to use the Services will immediately cease, you will have violated our rights and may be subject to prosecution and damages.
User Obligations & Limitations
Using the Services you may be asked to provide personal information, such as name, address, and contact information, so that we can communicate with you and ship any products you purchased to you. In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted during the sign-up, login or checkout process of the Service ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to OTIS Dental, to keep it accurate, current and complete; and (c) accept all risks of unauthorized access to the Registration Data and any other information you provide to OTIS Dental.
You may not use the Service if you are less than 18 years of age.
OTIS Dental is under no obligation to retain a record of your Registration Data or any data or information that you may have stored by means of the account or your use of the Services. You are under no obligation to use or continue to use the Services and may cease use of the Services without notice to OTIS Dental.
Product Descriptions, Returns, Refunds
The content on the website including the description of the Products is intended for educational purposes only. Such content is not intended to, and does not, constitute legal, professional, medical or health care advice or diagnosis, and may not be used for such purposes.
OTIS Dental makes no guarantee as to the availability of any products or items described on the Website and some products may not be available due to space limitations, unavailability of supply or for other reasons. All prices are shown in US dollars, before any applicable tax. OTIS Dental reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request.
All products will be delivered to the address that you indicate during the order process and the risk of loss and title for all products you order passes to you upon our delivery to the carrier (for example FedEx, UPS, or USPS). Any times quoted for delivery are approximate only and OTIS Dental makes no guarantee regarding the quoted delivery times.
Specifications on the Site of the products to be supplied by OTIS Dental are intended only to give a general description of the products. OTIS Dental does not warrant the accuracy of any specifications, pricing, warranty or other product information contained on this Site. OTIS Dental reserves the right to change, at any time, the specifications, pricing or any other product information contained in this Site. Without limiting the generality of any other terms and conditions on this Site, OTIS Dental does not accept liability for any errors or omissions which may be found on this Site or for the unavailability of any product or for delay in delivery of any products howsoever caused.
If you have reason to believe that a Product you purchased through the Service is defective or does not meet the claims advertised within the Service your sole remedy is to contact us immediately and in any case no later than two weeks after receipt of the Product. We will make a determination as to the merits of your claim in our sole discretion. We may in our sole discretion send a replacement item, grant store credit or refund the purchase price of the Product or a portion thereof.
Order Processing & Shipping
OTIS Dental will make reasonable efforts to ship any Products you ordered to you as soon as possible. Actual shipping times vary depending on where the Products are shipped to. OTIS Dental does ship internationally with a few exceptions. You are responsible for any VAT, tariff, duty, taxes, handling fees, customs clearance charges, etc. required by your country for importing consumer goods. For shipments to locations outside the United States, we may not collect such amounts or provide an estimate thereof at the time of your order, but may need to charge such amounts at a later time.
Payment for Products
In connection with your payment for Products on the Website, you acknowledge that: (a) OTIS Dental is using a third party payment service, (b) applicable sales tax for the Products is separately displayed and added during the checkout process; and (c) sales tax may be owed by you in accordance with applicable laws, even if it is not displayed or charged during the checkout process.
When you make a purchase within the Service you are representing to us that: (i) any credit card information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you, including any applicable taxes, and (iv) that you agree to any additional terms of the third party payment service.
Third Party Content
OTIS Dental may display, include or make available content, data, information, applications or materials from third parties (collectively the "Third Party Content"). OTIS Dental does not control, warrant, endorse or adopt any Third Party Content and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Content, or web sites, or for any other materials, products, or services of third parties. You acknowledge and agree that OTIS Dental is not responsible or liable in any manner for any Third Party Content and is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Users use such Third Party Content contained therein at their own risk.
You understand that by using any of the Services or Third Party Content, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at Your sole risk and that OTIS Dental shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Compatibility with Devices
OTIS Dental does not warrant that the Services will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your device.
When you use the Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Electronic communications from us, including emails, may include marketing and promotional content.
OTIS Dental, the OTIS Dental logos and any other product or service name or slogan contained on the Website are trademarks of OTIS Dental and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of OTIS Dental or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "OTIS Dental" or any other name, trademark or product or service name of OTIS Dental without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is intellectual property of OTIS Dental and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
The service and all information, content, materials, and products are provided to you by OTIS Dental on an “as is” and “as available” basis, unless otherwise specified in writing. To the full extent permissible by applicable law, OTIS Dental disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. You expressly agree that your use of the service is at your sole risk.
OTIS Dental does not warrant that the series made available to you or electronic communications sent from OTIS Dental are free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you and you may have additional rights.
Limitation of Liability
To the extent not prohibited by law, in no event shall Otis Dental be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruptions of any other commercial damages of losses, arising out of (I) the uses of inability to use the service, (II) an transaction conducted through or facilitated by the service; (III) any claim attributable to errors, omissions, or other inaccuracies in the service, (IV) unauthorized access to or alteration of your transmissions or data, or (V) any other matter relating to the service, however caused, regardless of the theory of liability (contract, tort of otherwise) and even if OTIS Dental has been advised of the possibilities of such damages. Some jurisdictions do not allow the limitations of liability for personal injury, or of incidental or consequential damages, so this limitations may not apply to you and may have additional rights.
In no event shall OTIS Dental’s total liability to you for all damages (other than as man be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy failed of its essential purpose.
Subject to applicable law, we may terminate your further access to service of change the service in any way, at any time and for any reason or no reason without liability.
You agree, at your sole expense, to defend, indemnify and hold OTIS Dental, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to your conduct, your violation of the Terms, or your violation of the rights of any third-party.
The Terms are effective until terminated by you or OTIS Dental. Your rights under these Terms will terminate automatically without notice from OTIS Dental if you fail to comply with any of the terms herein. Upon termination of the license, you shall cease all use of the Services.
Governing Law & Venue
The laws of the State of California, excluding its conflicts of law rules, govern these Terms and your use of the Services. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in San Francisco County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
We make no representation that content on the site is appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local, state, national, or international laws.
If any provision of these Terms shall be deemed 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.
With questions about these Terms you may contact OTIS Dental at the following address:
OTIS Dental, LLC
250 Irving Street #1
SF CA, 94122