Terms

Terms and Conditions of How the Offer Works, Returns and Refund Policy, Privacy Policy and Contact Information:

You must be 18 years or older to participate in this Web-only Offer. You are required to use your own credit card or debit card – you cannot use the credit card of another person or entity that is not solely owned by you. By paying the total listed, you will receive a (10) day trial of Best Brite Smile™ Teeth Whitening Kit including Pens and LED Light and/or Best Brite Smile Teeth Whitening Gel and Mouth Tray.

Company will also enter you into Stay Brite Smile Club. With the Stay Brite Smile Club you’ll get a Stay Brite Smile Teeth Whitening kit and or whitening pens so you can maintain your whiter teeth. (14) days from the date of order processing, and unless you decide to take an action to cancel (by calling customer service center at 866-452-2133 or Company will conveniently bill your credit card $96.26 for the full 30 day Best Brite Smile System. Best Brite Smile will be billing the credit card you have authorized to do so on the 14th day although offer is a 14 day trial Company would like you to have the benefit of having product shipped to you and having the full 14 days to utilize it plus an additional 3 days so you can experience the full terms of offer. The cancellation and return policy is described in detail below. Plus, you’ll also get a package of Best Brite Smile Teeth Whitening Syringes in an estimated shipping date of about every 30 days for the same monthly in-home price you paid for the original Best Brite Smile System plus $8.95 shipping, all conveniently billed to your credit card. Company have provided you ample options to read the above and

All charges associated with this transaction will appear on your bill under the name: “BestBrtSml866452-2133”

You can also cancel any time after you receive your special offer shipment or any subsequent shipments by calling customer service at 1-866-452-2133 or by via written correspondence to:

Best Brite Smile

14405 W Colfax #282

Lakewood, CO 80401

If you cancel during the Web-Only Offer introduction offer, you will be given 15 days after the 14 day trial period, to return the unused portion of the Best Brite Smile System in order to ensure you will not be billed, remember Company strive to make you a happy customer. (For details refer to no-hassle product return policy below for details) for the complete treatment. Return Shipping fees on returned Web-Only Trial package will be reimbursed on request and with documentation of shipping price after the package has been received up to a maximum of $6.95

By clicking on the box or button at the time of order and accepting the How The Offer Works Conditions (or agreeing to the terms during the course of a customer service call), you are providing an electronic and or verbal authorization for Best Brite Smile to charge to your credit or debit card pursuant to the Electronic Funds Transfer act. (See a copy of the act below)

Best Brite Smile reserves the right to package the product being shipped to the end consumer with any of its privately labeled brands. Due to production there will arise instances where you will receive the same quality product with different labeling. Company assures you that all of various privately labeled whitening products are of the same quality and Company aim to give you the best experience possible. Please keep in mind that Best Brite Smile is not responsible for any third parties that may market, distribute and or label products. Sole distribution is based from website and Company has a shipping company which assumes responsibility for the timely delivery of your product.

Best Brite Smile®’s No-Hassle Product Return Policy

You can cancel in these easy ways; call customer service center at 1-866-452-2133 or via written correspondence to:

Best Brite Smile

14405 W Colfax #282

Lakewood, CO 80401

Customer service line will take messages 24 Hours / 7 Days a Week and a customer service representative will get back to you within one business day.

For subsequent shipments in the Stay Brite Smile Club, you may only return the most recent complete shipment for credit. Company does not charge a restocking fee. You must take affirmative action to avoid further billing. As long as the product is unopened with its seal intact and in good, marketable condition without package blemishes, you will be refunded the complete amount you were charged for the product. If the product needs to be either destroyed (seal or packaging was broken or torn) or repackaged (it is returned in a non-marketable condition), then a $19.60 destruction/repackaging fee will be charged to your credit card.

To receive a refund for a returned product from an ongoing product shipment (not a Web-Only Trial shipment), you must request an RMA (Returned Merchandise Authorization Number) within 30 days of the last shipment and this RMA number must be written on the package in order for a credit to be issued. All shipping charges on non-trial shipments are the responsibility of the customer. Although you can return product from an ongoing Best Brite Smile Club shipment, you cannot return product from the Web-Only Trial once the Web-Only Trial has elapsed and you have been billed for the product.

Customers who cancel during the trial period and return the product are eligible to receive a refund on the Initial Trial fee, as well as initial shipping costs.

Customers taking advantage of the Best Brite Smile offer through an incentive web site (qualifying for, as an example, a Free IPAD® through a third party advertiser) and initiating a cancel before the initial product shipment has been received by the customer, will result in disqualification for your free gift.

If you have any questions about policy, please email at CustomerService@BestBriteSmile.com. Company will get back to you within one business day.

Terms and Conditions for Using the Information on This Site

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Terms of Using This Site

This web site is owned and operated by Best Brite Smile and contains material which is derived in whole or in part by Best Brite Smile and its partners and manufacturers. The following are terms of a legal agreement between you, the user of the website, and Best Brite Smile.

By accessing, browsing and/or using this site, you acknowledge that you have read, understood, and agree to be bound by these terms and the terms of the Privacy Policy and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright law, State of Colorado Law, and international treaties.

Copyright

All Web site design, text, graphics, the selection and arrangement thereof, and all software Copyright © 2016 Best Brite Smile. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with Best Brite Smile, using this Web site as a shopping vehicle, and for purposes of consulting with a healthcare practitioner. Any other use of materials on this Web site-including reproduction for purposes other than noted above, modification, distribution, or replication-without the prior written permission of Best Brite Smile is strictly prohibited.

Trademark

Best Brite Smile web pages, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Best Brite Smile. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Arbitration and Waiver of Class Action

If you purchase or participate in a trial for Best Brite Smile in the United States (including its possessions and territories) or any other location, you and Best Brite Smile agree that any dispute, claim or controversy arising out of or relating in any way to the Best Brite Smile products or services, these Terms and Conditions of How the Offer Works, Returns and Refund Policy, Privacy Policy, Contact Information Terms and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU AGREE THAT, BY AGREEING TO THESE TERMS OF USE, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND BEST BRITE SMILE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If this arbitration clause is determined to be unenforceable, you agree that all claims will be handled and brought in small claims court. This arbitration provision shall survive termination of this Agreement and the termination of your Best Brite Smile membership.

If you elect to seek arbitration or file a small claim court action, you must first send to Best Brite Smile, by certified mail, a written Notice of your claim (“Notice”). The Notice to Best Brite Smile must be addressed to: General Counsel, Best Brite Smile, 14405 W Colfax Avenue #282, Lakewood CO 80401 (“Notice Address”). If Best Brite Smile initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Best Brite Smile, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Best Brite Smile and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Best Brite Smile may commence an arbitration proceeding or file a claim in small claims court.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online atwww.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Best Brite Smile receives notice at the Notice Address that you have commenced arbitration, Best Brite Smile will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event the parties will be equally responsible for filing fees.

The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement.

Unless Best Brite Smile and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.

If your claim is for US$10,000 or less, Company agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Best Brite Smile’s last written settlement offer made before an arbitrator was selected (or if Best Brite Smile did not make a settlement offer before an arbitrator was selected), then Best Brite Smile will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

The arbitrator will be selected pursuant to the AAA Rules.

YOU AND BEST BRITE SMILE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR, OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Best Brite Smile agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award either party punitive damages. Unless prohibited by the AAA Rules, the arbitrator shall award the prevailing party its reasonable attorney’s fees and costs.

Disclaimer

BEST BRITE SMILE IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. BEST BRITE SMILE DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BEST BRITE SMILE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Warranties

Best Brite Smile does not provide any warranties on products. Some states do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you.

Limitation of Liability: Purchase and Use of Products

Best Brite Smile shall have no liability to you as a publisher of information, or reseller of any products or vendor services, including, without limitation, any liability for any defective products. BEST BRITE SMILE MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Warning-

Company will try to place the proper warnings and product interactions throughout this web site, but inevitably Company will fail to cover all subject matter. That is why it is imperative that you speak with your dental and primary health care practitioner before buying or using products sold by Best Brite Smile or any other company. Each person is different, and the way each person reacts to a particular product may be significantly different from each another. YOU SHOULD ALWAYS SEEK THE ADVICE OF A PROFESSIONAL BEFORE USING ANY COSMETIC PRODUCT AND YOU SHOULD ALWAYS INFORM YOUR PHARMACY AND PHYSICIAN OF ITS USE.

Use of this Site

Except as specifically stated on this site, neither Best Brite Smile nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of damage to property and claims of third parties.

Company does not warrant and shall have no liability regarding information provided in this site regarding recommendations for any and all dental health purposes.

SMS, Wireless and Other Mobile Offerings

Some of the services that Company provides will result in sending an SMS, wireless or other mobile offering to your cell phone. These should be obvious in the context of the offering at the time you sign up. By signing up, you are agreeing to receive these mobile offerings. You understand that your wireless carrier’s standard rates apply to these messages. To unsubscribe or discontinue SMS messages, send “STOP”, “END”, “QUIT” to the SMS text message you have received. This process impacts only the future delivery of the particular SMS message offering, so you must send that message for each offering. This will not affect offerings sent on behalf of third parties.

Other

This agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to choice of law rules. If any provision of this agreement shall be unlawful, void, of for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Contacting the Web Site

If you have any questions about the practices of this site or your dealings with this Web site, you can contact CustomerService@BestBriteSmile.com. Or call Toll Free at 1-866-452-2133 or via written correspondence to

Best Brite Smile

14405 W Colfax #282

Lakewood, CO 80401