Webisite
We provide customer with access to communications tools, which may be accessed through any medium or device, including websites, software, and applications that deliver and receive information through internet. Unless explicitly stated otherwise, any new tools that alter or improve the current Website shall be included in the definition of “Website”
Our website provides information regarding, and the opportunity to purchase, a variety of products from odaysmile.com
Pricing
Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the site is 100% accurate. In the event that a product is listed at an incorrect price or a product description is inaccurate, we shall have the right, in our sole discretion, to reject any order or to cancel any orders placed for that product.
IPR
odaysmile.com and our associated Oday logos, names, and slogans are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on odaysmile.com associated with third party organizations, are the property of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.
Liability
To the extent allowed by law, we shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:
- Delaying, rejecting, or removing any or all content at any time for any or no reason whatsoever with or without notice to you;
- Modifying or discontinuing temporarily or permanently, the website (or any part thereof) with or without notice to you for any or no reason whatsoever;
- Immediately terminating your access to the website for any or no reason whatsoever and with or without notice to you;
- The accuracy, usefulness, or availability of any information posted to or through the website; or
- Any loss or damage of any sort incurred by you as a result of interactions you have with third-parties found on or through the website.
In no event shall we be liable to you for any incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, interruption, loss of business information or any other financial loss) in association with any claim, or any loss, damage, action, suit or other proceeding relating to or arising under or out of the terms.
You agree not to file any lawsuit or proceeding inconsistent with the foregoing liability limitations.
Indemnification
You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses).
You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
Termination
You agree that odaysmile.com may, without prior notice, immediately terminate, limit your access to, or suspend your account based on any of the following: (a) breach or violation of Terms of Services; (b) upon request by law enforcement; (c) unforeseeable technical or security issues; (d) extended periods of inactivity; or (e) fraudulent, deceptive, or illegal activity, or other activity which odaysmile.com believes is harmful to us.
You agree that termination, limitation of access and/or suspension shall be made in odaysmile.com ’s sole discretion and that we shall not be liable to you or any third party for the termination. Upon termination you will no longer have a right to access your account or your User Content and we will not be responsible for deleting your User Content.
You may terminate your account with us at any time by emailing us at service @ odaysmile.com
Disclaimer
You use our website at your sole risk. We provide the website “As is” and “As available”. We expressly disclaim to the full extent permitted by law all warranties of any kind related to the website and content or purchases obtained through the website. You will be solely responsible for any damage to your computer system or loss of data that results from your use of the website.
We make no warranty that (1) the website or purchases will meet your requirements; (2) the website will be uninterrupted, timely, secure, or error-free; (3) the website results will be accurate or reliable; (4) the quality of any content or purchases obtained by you through the website will meet your expectations; or (5) the website, our servers, or communications sent from us will be free of viruses or other harmful components.
No information or purchases obtained by you from us or through the website shall create any warranty not expressly stated in these terms.