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TERMS AND CONDITIONS OF USE
(Last Modified: July 18, 2019)
Welcome to PerioSciences.com. Perio Sciences, LLC (“PerioSciences” or “we” or “us” or “our”) provide website features and other products and services to you when you visit or shop at PerioSciences.com, or use PerioSciences products or services (collectively, “PerioSciences Services”). PerioSciences provides the PerioSciences Services subject to the following terms and conditions.
By using PerioSciences Services, you agree to these Terms and Conditions of Use (these “Terms”). Please read them carefully.
Please review our Privacy Notice, which also governs your use of PerioSciences Services, to understand our practices.
PerioSciences.com does not knowingly market to or solicit users from countries other than the United States. We do not knowingly collect or store data from users outside of the United States. We do not ship to International addresses or accept International billing addresses. Those PerioSciences.com users residing in other countries are discouraged from submitting data of any kind, including email addresses and if they do so, they agree that PerioSciences.com and PerioSciences are not liable for their data collection or storage.
When you use any PerioSciences 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 or by posting notices on this site or through the other PerioSciences Services. 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.
All content included in or made available through any PerioSciences Service, including on this site, or on any PerioSciences product, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of PerioSciences or its content suppliers and is protected by the United States and international copyright laws. The compilation of all content included in or made available through any PerioSciences Service is the exclusive property of PerioSciences and protected by the U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any PerioSciences Service are trademarks or trade dress of PerioSciences in the U.S. and other countries. PerioSciences’s trademarks and trade dress may not be used in connection with any product or service that is not PerioScience’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PerioSciences. All other trademarks not owned by PerioSciences that appear in any PerioSciences Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PerioSciences.
License and Access
Subject to your compliance with these Terms and your payment of any applicable fees, PerioSciences or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the PerioSciences Services. This license does not include any resale or commercial use of any PerioSciences Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any PerioSciences Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms or our Terms and Conditions of Sale (the “Terms of Sale”) are reserved and retained by PerioSciences or its licensors, suppliers, publishers, rightsholders, or other content providers. No PerioSciences Service, nor any part of any PerioSciences Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PerioSciences. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PerioSciences without express written consent of PerioSciences. You may not use any meta tags or any other “hidden text” utilizing PerioSciences’s name or trademarks without the express written consent of PerioSciences. You may not misuse the PerioSciences Services. You may use the PerioSciences Services only as permitted by law. The licenses granted by PerioSciences terminate if you do not comply with these Terms and/or the Terms of Sale.
If you use any PerioSciences Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PerioSciences does sell products to or for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the PerioSciences Services only with the involvement of a parent or guardian. PerioSciences reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PerioSciences reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant PerioSciences a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You
grant PerioSciences and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PerioSciences for all claims resulting from content you supply. PerioSciences has the right but not the obligation to monitor and edit or remove any activity or content. PerioSciences takes no responsibility and assumes no liability for any content posted by you or any third party.
We do not ship to International addresses or accept International billing addresses.
We will only ship PerioSciences.com orders to or accept billing addresses in the 50 United States. For orders to be shipped to any APO/FPO mailing address, please contact us at email@example.com for more information.
PerioSciences respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
Title and Risk of Loss for Purchased Products
All items purchased from PerioSciences are subject to PerioSciences’ Terms of Sale, which are hereby incorporated into these Terms. Under the Terms of Sale, the risk of loss and title for such items passes to you upon our delivery to the carrier.
Returns, Refunds, and Title
All returns of items purchased from PerioSciences are subject to our Return Policy. PerioSciences does not take title to returned items until the item arrives at our fulfillment center. At our sole discretion, a refund may be issued without requiring a return. In this situation, PerioSciences does not take title to the refunded item. For more information about product returns and refunds, please see our Return Policy.
PerioSciences attempts to be as accurate as possible. However, PerioSciences does not warrant that product descriptions or other content of any PerioSciences Service is accurate, complete, reliable, current, or error-free. If a product offered by PerioSciences itself is not as described, your sole remedy is to return it in unused condition.
Unless noted otherwise, the price displayed on our site for products represents the full retail price listed for the product. All prices, discounts, and promotions posted on our site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out, together with the terms of any discounts or promotions, in your order confirmation email from us. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, occasionally we may make typographical or other errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any
time and to cancel any orders arising from such matters. Where an item is offered for sale by one of our merchants, the price may be provided by the merchant.
For more information about the terms and conditions applicable to any purchase of our products, please see the Terms of Sale.
Products not for Resale
You represent and warrant that you are using the PerioSciences Services, including buying products from the site for your own personal or household use only, and not for resale or export. Unless otherwise specifically authorized by PerioSciences, no purchaser of PerioSciences’s products shall resell or make available for sale any product purchased from PerioSciences, including, without limitation, through any third-party distributor, the Internet, or any online retailer.
Disclaimer of Warranties and Limitation of Liability
THE PERIOSCIENCES SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PERIOSCIENCES SERVICES ARE PROVIDED BY PERIOSCIENCES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PERIOSCIENCES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PERIOSCIENCES SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PERIOSCIENCES SERVICES UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PERIOSCIENCES SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PERIOSCIENCES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PERIOSCIENCES DOES NOT WARRANT THAT THE PERIOSCIENCES SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PERIOSCIENCES SERVICES, PERIOSCIENCES SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PERIOSCIENCES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PERIOSCIENCES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PERIOSCIENCES SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PERIOSCIENCES SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By using any PerioSciences Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of choice or conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and PerioSciences.
Any dispute or claim relating in any way to your use of any PerioSciences Service, or to any products or services sold or distributed by PerioSciences or through PerioSciences.com will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at PerioSciences, LLC,11700 Preston Road #660 Dallas, Texas 75230. The arbitration will be conducted by an independent third party. Likewise, PerioSciences will not seek attorney's fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Site Policies, Modifications, and Severability
Please review our other policies posted on this site, including our Privacy Notice, and included in the Terms of Sale. These Terms, policies, including our Privacy Notice, and the Terms of Sale constitute the sole and entire agreement between you and PerioSciences regarding your use of the PerioSciences Services and supersede all prior and contemporaneous agreements, representations, and warranties, whether written or oral, regarding the PerioSciences Services and govern your use of PerioSciences Services. We reserve the right to make changes to our site, policies, Privacy Notice, Terms of Sale, and these Terms at any time and at our sole discretion. All changes are effective immediately when we post them. Your continued use of the PerioSciences Services following the posting of changed Terms means that you accept and agree to the changes. If any of the terms or conditions in these Terms shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
No waiver by PerioSciences of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PerioSciences to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
You agree to defend, indemnify, and hold harmless PerioSciences, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the site, or your use of any information obtained from the site (including, without limitation, those arising out of an indemnified person’s negligence).
11700 Preston Road #660Dallas, Texas 75230https://periosciences.com