Changes to Terms & Conditions
teethofwhite.com, a division of Restoration Media Inc., reserves the right, from time to time, with or without notice to you, to change these Terms & Conditions in our sole discretion. The most current version of these Terms & Conditions can be reviewed by clicking on the "Terms & Conditions" hyperlink located at the bottom of the pages of the teethofwhite.com Web site. The most current version of the Terms & Conditions will supercede all previous versions. Your use of the teethofwhite.com Web site after changes are made means that you agree to be bound by such changes.

Privacy
Any information submitted on the teethofwhite.com Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices by requesting them to by contacting us.

Membership and Billing

14 Day Free Trial
The 14 Day Free trials are only available to first time customers of the teethofwhite.com service and cannot be combined with any other offer. Only one 14 day free trial may be redeemed per household. Any duplicate orders will be subject to a $35 fee. You must have Internet access and a valid credit card, or debit card ("Payment Method") to redeem a 14 day free trial offer. The 14 Day Free Trial period begins on the date you register/order. Upon registering for your 14 day free trial, you will receive a free of charge one (1) Bottle of Appera™ teeth whitening system plus shipping and handling of $6.95, however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period.

Subscriber/Member
We will begin billing your Payment Method for the trimester (3 months) subscription fees for the three (3) Bottles of Appera™ teeth whitening system program (currently $89.97, applicable tax, shipping and handling are included) at the end of your trial period unless you cancel prior to the end of your free trial. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. We will continue to bill your Payment Method on a trimester basis for the three (3) Bottles of Appera™ teeth whitening system program until you cancel. The three (3) Bottles of Appera™ teeth whitening system program is a trimester-to-trimester subscription that allows subscribers to receive three (3) Bottles of Appera™ teeth whitening system. Such a subscription is cancelable at anytime. In the event the recurring charge fails on the 14th day from the date customer placed the order/registered, ApperaWhitening will rebill the tri-monthly recurring charge fourteen (14) additional days from the first re-bill (the 28th day). If the recurring charge fails again, for the second time, ApperaWhitening will cancel any and all future orders and shipments of the customer. For example, if a customer places the initial order/register on the 1st, the customer will automatically be rebilled on the 15th. If the recurring charge fails, then ApperaWhitening will attempt to rebill on the 29th. If the second rebill fails, ApperaWhitening will cancel and close the customer's membership.

Billing
As a subscriber to teethofwhite.com, you agree that we are permitted to charge or debit, as applicable, your Payment Method a trimester subscription fee, any applicable tax and any other charges you may incur in connection with your use of teethofwhite.com. As used in these Terms & Conditions "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each trimester renewal thereafter unless and until you cancel. We will automatically bill your Payment Method each trimester on the calendar day corresponding to the commencement of your membership. Please contact us to request the commencement date of your membership with teethofwhite.com. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a member on November 30th, your Payment Method would be billed on February 28th. All fees and charges are nonrefundable. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email and/or by posting the changes on the terms and conditions. In the event of a billing error on the part of teethofwhite.com, teethofwhite.com is not responsible for any bank or credit card fees. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you must contact teethofwhite.com to update such information.

Automatic Renewals
Your teethofwhite.com subscription will be automatically renewed on a trimester basis. For your convenience, we will bill the trimester subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your membership will automatically renew for successive trimester subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of subscription fees to your Payment Method.

Delivery and Returns
We use the U.S. Postal Service First Class Mail to deliver your first one (1) Bottle of Appera™ teeth whitening system (Free Trial). Actual delivery times may vary for you depending on (i) our inventory availability, (ii) your delivery address, (iii) when you place your order and (iv) circumstances impacting delivery by the U.S. Postal Service. In the unlikely event that you do not receive your Free Trial prior to your 14 day trial period, be aware that it is your responsibility to contact us via our toll free number to request that we resend you a one (1) time only reshipment of your “Free Trial” as well as to postpone your Membership. If we do not receive your request for reshipment of the “Free Trial” during that time frame we will assume that you have received your “Free Trial”. Memberships begin on the date of registration/ordering, not on the date of your product delivery. We will either use U.S. Postal Service Priority Mail with tracking or FedEx (or any other mailing service), to deliver your three (3) month supply of Appera™ teeth whitening system (3 bottles). Actual delivery times may vary for you depending on (i) our inventory availability, (ii) your delivery address, (iii) when you place your order and (iv) circumstances impacting delivery by the Postal Service. Merchandise purchased on the Site may be returned only for exchange at consumers own expense via confirmed delivery within 30 days of purchase after that date teethofwhite.com will not under any circumstance accept returns or exchange any purchase. All merchandise must have original package in order to request an exchange.

Cancellation
As noted above, you may cancel your subscription to teethofwhite.com at anytime. To cancel, click the "How may we assist you?" link and then click the "Membership issues" link; enter the required information as indicated on the page. Please be aware that you must provide the unique alpha-numeric approval code which appears on your invoice, without this approval code teethofwhite.com will not be able to process your cancellation. We do not provide refunds or credits for any partial trimester subscription periods. You must cancel your membership before 1:00 PM PST on the day before your automatic renewal. For example if a membership is due to renew on the 15th and the member does not cancel on the 14th before 1:00 PM PST or cancels on/or after the 14th at 1:00 PM PST, the cancellation will take effect in the next renewal period. Cancellations are not retroactive and should be made in the appropriate periods. teethofwhite.com does not allow refunds of membership, supplies, nor does it refund shipping and handling on any product or merchandise. Cancellations will not be processed on a non-business day (i.e. weekends and holidays). Therefore, if the customer's membership is due for renewal on a non-business day, customer must cancel within business hours (9:00AM-4:00 PM PST ) on a working business day prior to the non-business day. Emails sent on non-business days will be processed on the next working business day, and will not apply as a cancellation for the day the email was sent. For example, if customer cancels the membership on a Friday at 6:00 PM PST, the cancellation request will take effect in the next renewal period.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN REGARD TO THE SITE AND ALL CONTENT THEREON, teethofwhite.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRNTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH teethofwhite.com. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE. THE CONTENT ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. teethofwhite.com DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE AVAILABILITY OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, PRICE AVAILABILITY, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. teethofwhite.com DOES NOT MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS IN THE SITE, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SOME ITEMS MAY COME WITH A MANUFACTURER¹S WARRANTY, WHICH WILL VARY FROM PRODUCT TO PRODUCT.

Limitation of Liability
IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL teethofwhite.com, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE TO ANY ENTITY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISE OUT OF OR OTHERWISE ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR THE SITE OR ANY LINKED WEBSITE, THE STATEMENTS OF ANY THIRD PARTY ON THE SITE, OR UNAUTHORIZED ACCESS TO THE SITE, YOUR TRANSMISSIONS, YOUR ACCOUNT OR YOUR PASSWORD, EVEN IF teethofwhite.com IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification
You agree to indemnify and hold harmless teethofwhite.com, its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action or damage, including reasonable attorney's fees, made or incurred by any third party arising out of or related to your use of the Site, any Content you transmit via the Site, or your violation of the Terms.

Copyright
All content included on the teethofwhite.com Web site, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of teethofwhite.com or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Restoration Media Inc. and protected by U.S. and international copyright laws. They should not be reproduced or used without express written permission from Restoration Media Inc.

Trademarks
Appera™ is a registered trademark of Dentovations Inc. and has granted teethofwhite.com the non-exclusive temporary license to use its Trademark. teethofwhite.com is a registered trademark of Restoration Media Inc. All teethofwhite.com graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Restoration Media Inc. teethofwhite.com's trademarks and trade dress may not be used in connection with any product or service that is not teethofwhite.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits teethofwhite.com. All other trademarks not owned by teethofwhite.com that appear on the teethofwhite.com Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by teethofwhite.com. Any images of persons or personalities contained on the teethofwhite.com Web site shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

Patents
The U.S. Patent & Trademark Office issued to Dentovations Inc. U.S. Pat. No. 6517350 that covers Appera™ teeth whitening system.
Use of Information Submitted
Restoration Media Inc. is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to teethofwhite.com, including, without limitation, responses to questionnaires or through postings to the teethofwhite.com Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the teethofwhite.com Web site or other Web sites. Furthermore, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.

Your Conduct on the teethofwhite.com Web Site
By accessing the teethofwhite.com Web site, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the teethofwhite.com Web site. You also agree not to interfere with the servers or networks connected to the teethofwhite.com Web site or to violate any of the procedures, policies or regulations of networks connected to the teethofwhite.com Web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the teethofwhite.com Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the teethofwhite.com Web site for any unlawful purpose.

Limitations on Use
You must be 18 years of age or older to use the teethofwhite.com service. Unless otherwise specified, the content on the teethofwhite.com Web site is for your personal and non-commercial use and we grant you a limited license to access the teethofwhite.com Web site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the teethofwhite.com Web site without our express written consent. Any unauthorized use of the teethofwhite.com Web site or its contents will terminate the limited license granted by us.

Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links
Some of the hyperlinks on the teethofwhite.com Web site may lead to other Web sites that are not controlled by, or affiliated with, Restoration Media Inc. In addition, other Web sites may link to the teethofwhite.com Web site. teethofwhite.com has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.

No Reselling of Services on the Site
You agree not to sell, resell, reproduce, duplicate, copy or use for any unauthorized purposes any portion of the Site, or use of or access to the Site.

International Users
This Site is controlled, operated and administered by teethofwhite.com from its offices within the United States of America. teethofwhite.com makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Choice of Law and Forum
The laws of the State of California shall govern the Terms, without giving effect to its conflict of laws provisions. Any claim or controversy arising in any way out of or relating to the Terms shall be filed in a court of competent jurisdiction sitting in Orange County, City of Newport Beach, California. Both parties consent to exclusive jurisdiction in that county.

Language
It is the express wish of the parties that the Terms and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

General
Except as explicitly stated otherwise, notice to teethofwhite.com shall be given by postal certified mail to teethofwhite.com, Attn: Legal Department, P.O. Box 10847, Newport Beach CA 92660 and notice to you shall be given by an e-mail sent to the address you provided during the checkout process or through a general notice posted on teethofwhite.com’s homepage. In addition, teethofwhite.com may give you notice by certified mail to the postal address provided during the checkout process. Postal notice shall be deemed given 3 days after the date of mailing. E-mail notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid

Attorney’s Fees and Costs
You agree to pay reasonable attorney’s fees and costs incurred by Restoration Media Inc. in any action or proceeding brought against teethofwhite.com or its parent (Restoration Media Inc.) by you, (the consumer, member, user or customer), in the event that teethofwhite.com or Restoration Media Inc. prevails in such claim or action.

The Terms constitutes the entire agreement between teethofwhite.com and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within three (3) months after the claim or cause of action arises, notwithstanding any statutes of limitations to the contrary. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. Any failure by teethofwhite.com to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision.
The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.