Terms and Conditions
Introduction
The following terms and conditions (“Terms”) govern your use of, access to, and purchase of products or services from our online and mobile websites, platforms, and applications owned and operated by OraTicx (“we,” “us,” or “our”), including without limitation, www.oraticxusa.com, www.oraticx.us (collectively, our “Website”). By using our Website, you acknowledge and agree to these Terms of Use as well as our Privacy Policy which is incorporated herein by reference for all purpose. By accessing and /or using this website, you accept without restriction these Terms of Use as well as our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, you may not access or use the Website.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE.
Right to Change/Modify
We reserves the right to change or modify these Terms or any policy or guideline incorporated herein at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Service. Your continued use of the Service following the posting of such changed or modified Terms will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and any applicable policies from time to time to understand the terms and conditions that apply to your use of the Service. If you do not wish to be bound by these Terms, do not access our Website and do not purchase our products.
Right of Refusal
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Resources with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Use of Website
You affirm that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are able and competent to enter into the terms and conditions set forth in these Terms. You must be at least thirteen (13) years of age to use this website. If you are under 13 years of age, then please do not use this website.
Responsible Use and Conduct
By visiting our Website and accessing and using the information, resources, and tools we provide for you, and purchasing our products or services, either directly or indirectly (our “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
You further understand that: When you register for an account you must (a) provide accurate and complete information, and (b) update such information from time to time as necessary to keep your registration information current and accurate.
By establishing an account, you represent and warrant that you have the right to, and are authorized to, provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password will be your responsibility. In using the Service, you agree not to engage in any of the following activities: (a) any resale or commercial (non-personal) use of the Service or the Materials therein; (b) the distribution, public performance or public display of any of the Materials; (c) any modification or derivative use of the Service or the Materials, or any portion thereof; (d) any use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service; (e) the download (other than page caching) of any portion of the Service, the Materials, or any information contained therein, except as expressly permitted; (f) any attempt to gain unauthorized access to OraTicx's servers or computer systems or to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, any part of the Service; (g) the collection or harvesting of any personally identifiable information, including, but not limited to, company names, domain names or account names, from the Service, or the use of communication systems provided by the Service for any commercial solicitation purposes; (h) the use of any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages; or (i) any use of the Service or the Materials other than for their intended purpose.
You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
We do not assume any liability for any content posted by you or any other 3rd party users of our Website. However, any content posted by you using any open communication tools on our Website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of OraTicx, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of any registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
We may provide various open communication tools on our Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. (“Your Submissions”). You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner.
By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
a. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
b. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
c. Contains any type of unauthorized or unsolicited advertising; or
d. Impersonates any person or entity, including any Seed employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with these Terms, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
When you provide Your Submissions on our Website, you grant to OraTicx a non-exclusive, royalty-free, fully paid, perpetual, worldwide, irrevocable and fully sub-licensable and transferable (in whole or in part) license under all copyrights, trademarks, privacy and publicity rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you.
We are not a Healthcare Advisor
Our Website is not intended to provide medical advice, diagnosis or treatment. The Resources, including our products and services, provided on and through our Website, including information that may be provided on our Website directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options.
You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product; before starting any diet or exercise program; or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and our products. Any comments made by OraTicx employees, consultants and agents that are not endorsed specifically by OraTicx are strictly their own personal views made in their personally capacity. These comments are not claims made by OraTicx nor do they represent the view or position of OraTicx.
Privacy
Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, use, share, secure, and store your private information. Our Privacy Policy is included under the scope of these Terms. To read our privacy policy in its entirety, click here.
Limitation of Warranties
By using our Website, you understand and agree that all Resources we provide are “as is” and “as available.” OraTicx makes no representations, guarantees, or warranties about the suitability, completeness, timeliness, reliability, legality, or accuracy of our Resources available on this website for any purpose, and expressly disclaims (to the fullest extent of the law) all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement.
This means that we do not represent or warrant to you that the:
Use of our Resources will meet your needs or requirements.
Use of our Resources will be uninterrupted, timely, secure or free from errors.
Information obtained by using our Resources will be accurate or reliable, and
Defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that: Any content downloaded or otherwise obtained using our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
No information or advice, whether expressed, implied, oral or written, obtained by you from us or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.
Limitation of Liability
To the full extent allowed by applicable law and in conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the lesser of the amount you paid, if any, for the use or purchase of our products. OraTicx will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using or purchasing our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime, whether foreseeable or not, and even if we had been advised of the possibility of such damages.
Your sole and exclusive remedy for any claims or disputes involving us that are not waived by these Terms will be to discontinue your use of our Website and to seek a refund of the money you paid to us, capped in accordance with the prior paragraph.
Indemnification
You agree to indemnify and hold harmless OraTicx and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account; or (ii) your use of our Resources, including our products or services. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us. You may not settle any claim covered by this indemnification provision or admit any liability on the part of us without the company’s prior written approval.
Copyrights/Trademarks
All content and materials available on our Website, including but not limited to text, graphics, site name, code, images and logos are the intellectual property of OraTicx and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on our Website is strictly prohibited, unless specifically authorized by us.
Governing Law
Our Website is controlled by OraTicx from our offices located in the State of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our Website, you agree that the statutes and laws of California.
Guarantee
UNLESS OTHERWISE EXPRESSED, ORATICX EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Entire Agreement; Severability; No Waiver
These Terms, together with our Privacy Policy and any policies that we post on our Website, constitute the entire agreement between you and OraTicx with respect to the subject matter of these Terms and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and OraTicx with respect to such subject matter.
If any provision of these Terms is deemed unlawful, void or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of you and OraTicx. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.
Products for Personal Use
The products we make available on this Website, including samples, are for your personal, non-commercial use only. You may not sell or resell any products you purchase or otherwise receive from us. OraTicx reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you, as determined by
OraTicx in its sole discretion. You will only be charged for quantities actually shipped. You may only order products if you are domiciled in the United States and you are 18 years old or older. Unless otherwise indicated, all prices on the Website are in U.S. Dollars. You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to OraTicx. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase on this Website may be subject to additional Terms of Use presented to you at the time of such purchase.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your credit card or other approved method of payment will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped.
Shipping and Handling; International Orders
All orders are processed within 1 to 2 business days (excluding weekends and holidays) after receiving your order confirmation email and/or SMS. You will receive another notification when your order has shipped.
You are solely responsible for providing us with accurate shipping information and a valid phone number or email address. In the event that any Product is returned to us as a result of your failure to provide us with accurate shipping information, you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the Product to us or in re-sending the Product to you.
Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that cannot be delivered due to an address error. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. At this time, International shipment are not available.
Pricing or Typographical Errors
We work hard to provide accurate Product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, OraTicx shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Return Policy
We have a 30-day return policy, which means you have 30 days after receiving your item to request a return. To be eligible for a return, your item must be in the same condition that you received it, unopened, and in its original packaging. You’ll also need proof of purchase.
To start a return, you can contact us at smile@oraticxusa.com. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package.
Items sent back to us without first requesting a return will not be accepted. You can always contact us for any return question at smile@oraticxusa.com.
How to Contact Us
If you have any questions or comments about these Terms as outlined above, you can contact us via:
Email: smile@oraticxusa.com
Mailing Address: OraTicx | 3972 Barranca Pkwy, Ste J485. Irvine, CA 90606 United States of America
Last Update: January 25, 2023
