Terms & Conditions

Welcome to “FireflyToothbrush.com” (the “Site”).  Dr. Fresh, LLC and its affiliates (collectively, the “Company”), the creator of the Firefly® toothbrush and operator of the Site, provides this Site for your convenience and wants to ensure you have the best experience when visiting the Site; however, when you use this Site, the Company wants you to be are fully aware of your and our respective legal rights and obligations.  For that reason, the Company has created these Terms and Conditions of Use (“Terms of Use”) as legally binding terms to govern your use of this Site.  Please carefully read these Terms of Use before using the Site.

 

Your Acceptance of Terms

 

By accessing or using this Site, you agree to these Terms of Use and all applicable laws.  If you do not agree to these Terms of Use, please do not access and use the Site.  The Company may amend these Terms of Use at any time without specific notice to you.  The most recent form of these Terms of Use will be posted at all times on the Site, and you should review these Terms of Use each time you visit or use the Site.  You agree that each time you enter or use the Site, you accept, and agree to be bound by, these Terms of Use, as they may be modified from time to time.  In addition, please be aware that other areas of the Site may contain additional and/or different terms and conditions of use.

 

Your Use of the Site

 

Unless otherwise specified, the Site is for your personal and noncommercial use. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, and print hard copy portions of the material from the Site solely for your own personal and noncommercial use, or to place an order with the Company or to purchase the Company’s products, subject to your keeping intact all copyright and other proprietary notices.

 

Subject to the above, you agree not to: (a) violate any applicable international, federal, state, or local law or regulation; (b) upload, post, email, or otherwise transmit any infringing, obscene, threatening, libelous, defamatory, misleading, or otherwise unlawful or tortious material (including material that is harmful to children or violates third party privacy rights); (c) upload, post, email, or otherwise transmit viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs; (d) sell or otherwise distribute any data obtained from any Company database; (e) use any automated means (including, but not limited to, electronic spiders, robots, or crawlers) to download data from any of the Company’s databases; (f) interfere with or disrupt the integrity or performance of the Site; (g) attempt to gain unauthorized access to the Site or its related systems or networks, or (h) modify, display, perform, license, copy, reproduce, republish, transmit, create derivative works from, transfer, sell any information, software, products or services, or distribute any of the content, products, drawings, illustrations, logos, photographs, or images from the Site for any commercial use or purpose.

 

Any other use of materials on this Site without the Company’s prior written consent is strictly prohibited as described below.

 

User Representations

 

You represent and warrant that (a) your use of the Site is legal in, and does not violate any laws, rules or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Site; (b) all information (if any) provided by you to the Company is correct; (c) you possess the legal right and ability to enter into these Terms of Use and to use the Site in accordance with these Terms of Use; and (d) your use of the Site shall be in accordance with these Terms of Use and all applicable laws, rules or regulations.

 

Your Submissions

 

Except for any personally identifiable information we may collect from you under the guidelines in our Privacy Policy, any material, information, or other communication you transmit, upload, or post to this Site (“Submissions”) will be considered non-confidential and non-proprietary.  The Company will have no obligations with respect to the Submissions and you hereby waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with any Submissions.  The Company and its representatives will be free to copy, disclose, distribute, and otherwise use any Submissions for any commercial or noncommercial purposes.

 

You acknowledge that transmissions to and from the Site are not confidential and your Submissions may be read or intercepted by others.

 

Disclaimer

 

The Company makes no representation or warranty of any kind with respect to the Site or the content contained on or accessible through the Site.  The images, statements, documents, and graphics contained in this Site may include inaccuracies or typographical errors.  The Company assumes no responsibility for errors or omissions in the content of the Site, and makes no commitment to update such content.

 

Your sole and exclusive remedy for issues relating to the use of, or the content on or accessible through the Site shall be to discontinue accessing the Site and using the content so obtained.  You and the Company agree that the Company shall not be liable for any damages relating to your use of, or reliance upon, the Site or any of its content.

 

The Company does not filter advertisements or other content that children may view through our Site or links to other web sites, and they could receive content and materials from the Internet and/or advertisements that are inappropriate for children.

 

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SITE OR ANY SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SITE.

 

Links to Other Sites

 

While on the Site, you may be referred to web sites other than the Company’s Site. A link from the Site to such a third party web site does not imply endorsement of that web site nor any ability to control that web site’s privacy practices.  These linked sites are only for your convenience and therefore you access them at your own risk.  The Company has not reviewed, and does not endorse, any third party web site, and you hereby acknowledge and agree that the Company shall not be responsible for the content, products, or services offered on or through such web sites.  Be aware that third party web sites may collect data and personal information and operate according to their own privacy practices.  You are responsible for compliance with all laws regarding material obtained from any third party web sites.

 

Limitation of Liability

THE COMPANY DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR THE MATERIALS, INFORMATION, PRODUCTS, OR SERVICES AVAILABLE ON THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Trademarks and Copyrights

 

This Site and all materials incorporated by the Company on this Site are protected by copyrights, patents, trade secrets, or other proprietary rights.  Some of the characters, logos, or other images incorporated by the Company on this Site are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by us or others.  By making the Company’s copyrighted and trademarked materials available on the Site, the Company is not granting you a license to use them in any fashion, and you may not use any of these trademarks, copyrights, or service marks without the prior written consent of the Company.

 

Indemnification

 

You will indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees) (collectively, “Losses”) that constitute, or arise out of or in connection with your (a) failure to comply with any of these Terms of Use or (b) use of the Site. These indemnification obligations will survive these Terms of Use and your use of the Site.  The Company has no obligation whatsoever to indemnify, defend, or hold you harmless from any Losses resulting from, relating to, or arising out of, these Terms of Use or the Site.

 

Governing Law

 

These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the state of California, without regard to conflicts of law principles.   The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.

 

The Company makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited.

 

Dispute Resolution

 

Any cause of action by you with respect to the Site, including, but not limited, to these Terms of Use, shall be resolved by binding arbitration before a single arbitrator under the International Rules of Arbitration of the American Arbitration Association in accordance with the substantive law of the State of California, and will be conducted in Orange County, California.  Any arbitration award may be entered into and enforced by any court having jurisdiction and shall be final and binding upon the parties.

 

 

Severability

 

If any part of these Terms of Use is declared unlawful, void, or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms.

 

Claims of Infringement

 

If you believe that any content appearing on this Site infringes your copyright rights, the Company wants to hear from you. Please forward the following information in writing to                      the address listed below:

  • your name, address, telephone number, and e-mail address;
  • a description of the copyrighted work that you claim has been infringed;
  • the exact URL or a description of each place where alleged infringing material is located  (NOTE: You must provide the exact URL of the content at issue.  Failure to do so may result in your request being delayed or rejected);
  • a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
  • your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
  • a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Dr. Fresh, LLC

Attn: Legal

6645 Caballero Blvd.

Buena Park, CA 90620

legal@drfresh.com

 

Copyright © 2013 Dr. Fresh, LLC.  All rights reserved.

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