Terms & Conditions
Agreement between User and gentle jaw company, inc.
Welcome to gentlejaw.com. The gentlejaw.com website (the "Site") is comprised of various web pages operated by gentle jaw company, inc. (the “Company"). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference.
The site is an E-Commerce Site. gentle jaw is a passive stretching device, which is designed to help reduce facial pain.
Section 1. General Disclaimer; No Medical Advice
The Site has been provided as a free public service for your general information only and should not be relied upon for specific medical advice. Any information contained in or provided by The Site is intended for general educational purposes only and should not be construed as a substitute for individualized professional advice from a dentist, physician or other health care provider, or as a recommendation of any particular treatment plan. Nothing contained in or transmitted from The Site constitutes the establishment of a physician-patient relationship between you and any individual providing information on the Site, or between you and gentle jaw company, inc.. No information provided by the Site is intended to diagnose, treat, or cure any patient, or to otherwise be used or considered as medical advice, a medical opinion, or the practice of medicine. Always consult your dentist and/or physician or other professional health care provider when seeking individualized treatment regarding your dental and/or medical diagnosis or condition, and never disregard dental and/or medical advice or delay seeking treatment because of something you may have read on this Site.
gentle jaw company, inc. assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you by or on the Site. We reserve the right to change or discontinue, at any time, any aspect or feature of the Site, including these Terms and Conditions of Use, and such modifications shall be effective immediately upon the posting of the modified aspect or feature of the Site or the modified Terms and Conditions of Use. You agree to review this agreement periodically to be aware of such modifications, and your continued access or use of the Site shall be legal evidence of your acceptance of the most recent version of the Terms and Conditions of Use as it appears at the time of your access or use. PLEASE REVIEW THE TERMS AND CONDITIONS OF USE EACH TIME YOU VISIT THE SITE.
Section 2. Use of Our Content; Copyright and Trademark
The contents (“Content”), of the Site including but not limited to text, graphics, images, and software licensed by the Site, are protected by both United States and foreign copyright laws. Title to our Content shall not pass to you or to any other user of the Site, and instead shall remain with the Site or with the authors of the materials posted on the Site.
We also own the names we use for those of the products and services mentioned in the Site, and these names are protected by both United States and foreign trademark laws. An ® following a name on the Site indicates that the trademark has been registered in the United States. A ™ following a name on the Site indicates that it is an unregistered trademark. All trademarks are the property of their respective owners.
By agreeing to these Terms and Conditions, you are authorized to view, e-mail, download, or print copies of the Content, but only for your personal, noncommercial use. Unauthorized use of our Content may violate copyright, trademark, and other laws. Whenever you e-mail, download, or print copies of our Content, you must also include all copyright and other notices that are included in our Content, including any copyright notices at the bottom of the page.
Our Content may not be reverse-engineered, disassembled, de-compiled, reproduced, transcribed, stored in a retrieval system, translated into any natural or computer language, re-transmitted in any form or by any means (electronic, mechanical, photographic, recorded, or otherwise), resold, or redistributed without the prior written consent of the Site. You may not sell or modify our Content or reproduce, display, publicly perform, distribute or otherwise use our Content in any way for any public or commercial purpose.
The use of our Content on any other Site or in any other networked computer environment for any purpose is expressly prohibited, although you may provide HTML hyperlinks from your website to our Site, subject to these Terms and Conditions of Use. By agreeing to these Terms and Conditions of Use, you are hereby granted a non-exclusive, limited, and revocable license to link to our Site. gentle jaw company, inc. reserves the right to revoke this license generally, or your right to use specific links, at any time. If gentle jaw company, inc. revokes this license, you agree to remove and disable any and all of our links to the Site immediately.
If you use the trademarks or other parts of our Content in a way that is not clearly allowed by these Terms and Conditions of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. If such is the case, we automatically revoke your permission to use our Site, and you must immediately destroy any copies you have made of any portion of our Content. All rights not expressly granted by these Terms and Conditions are reserved. Our Content is subject to change without notice at the editorial discretion of our Site.
Section 3. Disclaimers
GENTLE JAW COMPANY, INC. AND THE SITE MAKE NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING OR RELYING UPON OUR SITE OR THE CONTENT CONTAINED IN OR PROVIDED BY OUR SITE. THEREFORE, YOUR USE OF OUR SITE IS AT YOUR OWN RISK.
GENTLE JAW COMPANY, INC. PROVIDES OUR SITE AND THE CONTENT AND SERVICES THEREIN ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. GENTLE JAW COMPANY, INC. AND OUR SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY AND SPECIFICALLY DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. GENTLE JAW COMPANY, INC. AND THE SITE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CONTINUITY, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE. YOU AGREE THAT YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF COMPUTER VIRUSES OR ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES; THEREFORE, ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT NEITHER GENTLE JAW COMPANY, INCNOR ANY PERSON OR COMPANY ASSOCIATED WITH GENTLE JAW COMPANY, INCSHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YTHE USE OR INABILITY TO USE THE SITE OR ANY CONTENT, SERVICES, OR MATERIALS PROVIDED BY OR ON THE SITE (“THIS PROTECTION”). THIS PROTECTION INCLUDES ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GENTLE JAW COMPANY, INCIS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROTECTION COVERS ALL LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES; DAMAGES RESULTING FROM PERSONAL INJURY OR WRONGFUL DEATH; LOST PROFITS; AND DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
Section 4. Privacy
Section 5. Electronic Communications
Visiting the Site or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Section 6. Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account. The Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Section 7. Children Under Thirteen
The Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
Section 8. Links to Third Party Sites/Third Party Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Company and The Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
Section 9. No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
Section 10. International Users
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Section 11. Indemnification
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Section 12. Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Los Angeles, California. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Section 13. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis in Los Angeles, California; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Section 14. Severability
If any provision of these Terms and Conditions of Use is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Section 15. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GENTLE JAW COMPANY, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GENTLE JAW COMPANY, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GENTLE JAW COMPANY, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Section 16. Termination/Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Site. The Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Section 17. Product Returns
The Company offers a 30-day money-back guarantee from the date of receipt of your device. To be eligible for a return, all items included in the purchase must be returned in their original packaging. Refunds only include the cost paid for the kit. Refunds do not include the original cost for shipping, the cost of return shipping to us, or any additional fees including duties. Please provide a shipping tracking number so we can confirm receipt of your return once it is received. Please email firstname.lastname@example.org to request a return and if you have any concerns or questions about your device.
Section 18. Agree Not to Resell Other Than to Patients
You agree that you will not resell the gentle jaw kits you are about to purchase on any online website and/or marketplace including but not limited to Amazon.com, ebay.com, my own website, etc. Additionally, if I am a healthcare professional, I agree to only resell the gentle jaw kits to my patients.
Section 19. Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
Section 20. Complete Agreement
THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND OUR SITE WITH RESPECT TO THE USE OF OUR SITE AND ANY CONTENT CONTAINED THEREIN.
The Company welcomes your questions or comments regarding the Terms:
gentle jaw company, inc.
9615 Brighton Way Suite Suite 323
Beverly Hills, California 90210
Effective as of November 5, 2019