Modified: December 29, 2023
These Terms and Conditions (the "Terms") form the exclusive contractual foundation for all transactions involving the sale and purchase of dental devices, accessories, and related products ("Products") between Toothpillow Inc. ("Seller") and the acquiring entity ("Customer"). The acceptance of these Terms by the Customer, through the execution of a purchase order, signifies an unequivocal agreement that these Terms take precedence over any other document or communication, effectively nullifying any contradictory Customer conditions.
The Customer, upon creating an account or logging into the existing account with Toothpillow Inc., acknowledges that an order submission constitutes a binding contract, contingent on Seller's acceptance. An order number, allowed for reference purposes, shall not be misconstrued as a confirmation of the order. The irrevocability of submitted orders underscores the Customer's commitment, with Toothpillow Inc. retaining exclusive rights to rescind or decline an order for any reason, ensuring refund issuance where necessary.
All listed prices are stipulated to be exclusive of taxes and governmental levies for which the Customer bears full responsibility, excluding those imposed directly on the Seller's earnings or assets. Prompt payment on invoicing is mandated, with a range of acceptable payment avenues detailed, including but not limited to electronic and paper-based mediums. Late payments attract an interest penalty, with Seller empowered to halt further deliveries until settlement of arrears. The application of payments against the oldest outstanding invoice is mandatory, and the Customer is prohibited from withholding payment on the grounds of any dispute with Toothpillow Inc.
Toothpillow Inc.'s role is limited to the provision of Products as prescribed by authorized dental professionals, and the Company explicitly renounces liability pertaining to the application or misuse of Products. The Seller's warranties are expressly articulated within these Terms, negating all others. There is a distinct exclusion of implied warranties to the maximum scope allowed by applicable law.
Toothpillow Inc. avows that all Products will be manufactured in accordance with the precise specifications stipulated by the prescriber and will be devoid of material defects. The longevity of these warranties is product-specific and contingent upon the Customer's supply of current, accurate specifications. The Seller delineates the procedure for warranty claims, which must be executed through authorized channels.
Neither Toothpillow Inc. nor the Customer shall bear culpability for the inability to fulfill any aspect of these Terms due to extraordinary, unforeseen events outside the realm of reasonable control, including but not limited to acts of God, governmental actions, and natural catastrophes.
Toothpillow Inc. asserts a stringent no-refund policy for Products purchased. The exclusive remedy available to the Customer for any defective Product lies within the bounds of repair or replacement as defined by the warranty terms herein.
Disputes arising from or related to these Terms or the Products shall be interpreted under the laws of the State of Utah, USA. Both parties agree to submit to the exclusive jurisdiction and venue of Utah's courts.
Toothpillow Inc.'s cumulative liability for any claims related to these Terms or Products is expressly limited to the purchase amount paid by the Customer. Liability for consequential or other forms of damages is categorically disclaimed.
By these Terms, the Customer grants informed consent for the reception of teledentistry services provided by Toothpillow Inc., acknowledging the associated risks. This consent is recognized as revocable in writing under the defined conditions of these Terms.
We take your privacy seriously and will handle your personal and health information in compliance with our privacy policy and applicable law, including HIPAA where appropriate.
The Customer is thoroughly briefed on the potential side effects of oral appliance use and is mandated to partake in scheduled follow-ups for device adjustments and oral health evaluations. The necessity for strict adherence to the prescribed treatment regimen is emphasized, with the Customer's compliance being essential to the efficacy of the treatment. You agree to use any products sold by Toothpillow Inc. according to the prescribing dentist's instructions. You acknowledge that failure to follow these instructions may result in personal injury or lack of treatment efficacy.
All communications and notices made or given pursuant to these Terms & Conditions must be in the English language. In the event that a translated version of these Terms & Conditions is provided, the English language version will take precedence in the event of any discrepancies or conflicts.
Toothpillow Inc. may deliver notices to Users by: (i) posting on the Toothpillow Inc. website, or (ii) sending a message to the email address linked with the User’s account. Notices posted on the Toothpillow Inc. website are effective upon posting, and email notices are effective when sent. It is the User's obligation to maintain a current email address on file. Users must send notices to Toothpillow Inc. at support@toothpillow.com. Toothpillow Inc. reserves the right to modify the contact information for notices by updating the information on its website.
If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remainder of the Terms & Conditions will continue to be in full force and effect.
These Terms are solely for the benefit of Toothpillow Inc. and the User and confer no rights or remedies to any third party, whether expressed, implied, legal, or equitable.
Nothing within these Terms is intended to, or shall be deemed to, establish any partnership, joint venture, employer/employee, or agency relationship between Toothpillow Inc. and the Customer. Neither party has the right or authority to assume or create any obligation on behalf of or in the name of the other party or to bind the other party in any respect whatsoever.
Website Terms of Use In addition to the above terms, the following govern the use of the Toothpillow Inc. website:
a. Acceptance of Terms: By accessing and using the Toothpillow Inc. website, the user ("User") agrees to be bound by these Terms of Use, all applicable laws and regulations, and agrees that they are responsible for compliance with any applicable local laws.
b. Use License: Users may temporarily download one copy of the materials on Toothpillow Inc.'s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, Users may not modify or copy the materials, use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
c. Disclaimer: The materials on Toothpillow Inc.'s website are provided 'as is'. Toothpillow Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
d. Limitations: In no event shall Toothpillow Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Toothpillow Inc.'s website.
e. Accuracy of Materials: The materials appearing on Toothpillow Inc.'s website could include technical, typographical, or photographic errors. Toothpillow Inc. does not warrant that any of the materials on its website are accurate, complete, or current. Toothpillow Inc. may make changes to the materials contained on its website at any time without notice.
f. Links: Toothpillow Inc. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Toothpillow Inc. of the site. Use of any such linked website is at the User's own risk.
g. Modifications: Toothpillow Inc. may revise these Terms of Use for its website at any time without notice. By using this website, Users are agreeing to be bound by the then-current version of these Terms of Use.
h. Governing Law: Any dispute, controversy, difference, or claim arising out of or relating to these Terms & Conditions, or relating in any way to the User’s use of the Site or Toothpillow Inc. Services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding any contractual or non-contractual obligations arising out of or relating to these Terms & Conditions shall be commenced only in a court in the State of Delaware (federal or state), the User and Toothpillow each consent to the exclusive subject matter and personal jurisdiction of such Courts. Notwithstanding the foregoing, SPF and the User agree that SPF may bring suit in court to enjoin infringement or other misuse of Toothpillow’s intellectual property rights. The prevailing party in any court action shall be entitled to costs and reasonable attorneys’ fees. CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). CUSTOMER ACKNOWLEDGES THAT, BY AGREEING TO THESE TERMS, EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Contact InformationFor inquiries or complaints regarding Toothpillow’s Terms and Conditions, the Informed Consent and/or the website, or for more information about the site's use, please reach out to:
Toothpillow Inc support@toothpillow.com