Terms of Service
TERMS AND CONDITIONS OF USE
1.OWNERSHIP OF SUMITTED MATERIALS
Except as expressly prohibited by applicable law, all photographs, digital, images, documents, and materials submitted to Shiny&Health™ LLC(”Shiny&Health™”) for any purpose, including, but not limited to, Shiny&Health™ contests and events, are the sole property of Shiny&Health™ upon transmission by the person or entity submitting the image(s); and that person or entity expressly waives any and all objections to the use or replication by Shiny&Health™ of any such images for marketing purposes, promotional purposes, and/or display on any of its online platforms, physical catalogs and advertisements, or any other legal purpose.
2.ASUMPTION OF RISK OF USE
a. All Shiny&Health™ mouthpieces and other products (“Shiny&Health™ Products”) offered and sold through Shiny&Health™-owned and affiliated websites, catalogs, stores and showrooms (“Shiny&Health™ Platforms”) are not intended for medical use, have not been medically tested and are not subject to any government regulation or approval.
b. Shiny&Health™ makes no medical claims about the safety of or risks involved in the use of Shiny&Health™ Products.
c. As with any product intended for use in or about the facial area or fitness-related products, the improper use of Shiny&Health™ Products can result in harm, including physical injury, disability or death to the user. All purchasers and other users of Shiny&Health™ Products expressly assume all risk of personal injury of any kind arising out of their use. Shiny&Health™ cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through its websites, catalogs, or otherwise, including but not limited to its retail showroom.
d. Because Shiny&Health™ Products are intended for use in or about the mouth and facial area, all Shiny&Health™ Products should be safely stored in their custom cases or sealed containers away from infants, small children and pets.
3. SANITARY INFORMATION AND COVID-19 SAFETY PROTOCOLS.
a. All Shiny&Health™ Product users should practice CDC-recommended hand hygiene before and after using Shiny&Health™ mouthpieces or other Shiny&Health™ Products in or about the mouth. Hands should be washed with soap and water for at least 20 seconds (or scrubbed with 60% alcohol-based hand sanitizer)
before and after use.
b. Before and after each use, Shiny&Health™ Products should be hand-washed with warm water and organic, non-toxic soap and stored in sealed containers when not in use. Shiny&Health™ Products are not dishwasher safe. See additional cleaning instructions accompanying Shiny&Health™ Products.
c. To avoid transmission of COVID-19, germs and bacteria, mouthpieces and other Shiny&Health™ Products should not be shared between users.
d. Visit cdc.gov/COVID19 or https://wwwnc.cdc.gov/travel/notices/covid-4/coronavirus-canada for additional hygiene guidelines and transmission prevention practices.
4. LIMITED WARRANTY.
a. Shiny&Health™ warrants only to the original purchaser of all Shiny&Health™ mouthpieces and other Shiny&Health™ Products for a period of 30 days from the date of the original purchase that the product will be free from defects in material and workmanship which could cause damage or injury to the purchaser’s healthy, firmly implanted, natural teeth when properly fitted and used as recommended by the enclosed manufacturer’s instructions.
b. Except for the limited warranty set forth in the Terms and Conditions and as otherwise required by applicable law, there are no other warranties, express or implied, on any Shiny&Health™ Products, including, but not limited to, warranties of merchantability or warranty of fitness for a particular purpose; and Shiny&Health™ Product purchaser expressly waives all such other warranties.
c. The resale, transfer, alteration, or destruction of any Shiny&Health™ Product immediately, irrevocably and without notice void all warranties.
USE SHINY&HEALTH™ PRODUCTS AT YOUR OWN RISK
6. ASSUMPTION OF RISK; RECOMMENDED PRECAUTIONS.
ALL Shiny&Health™ USERS USE SHINY&HEALTH™ PRODUCTS AT THEIR OWN RISK.
a. Shiny&Health™ users must have attained the age of majority in their jurisdiction of residence or in the jurisdiction of use of Shiny&Health™ Products.
b. Shiny&Health™ Products are designed exclusively for the purpose of exercising facial muscles, and are not intended for any medical treatment, therapy, rehabilitation, or any other medical purpose whatsoever.
c. Shiny&Health™ makes no medical claims regarding (i) any medical, dental, or orthodontal treatment, (ii) the cure of any medical, dental or orthodontal condition, (iii) the safety of use of Shiny&Health™ Products, and (iv) damage to user’s mouth, gums or teeth. Shiny&Health™ are not to be used as night guards, retainers or for any other orthodontal purpose. Shiny&Health™ Products are not intended to be used for any medical purposes whatsoever.
d. Shiny&Health™ strongly recommends new and beginning users of Shiny&Health™ Products consult a physician before performing exercises or commencing an exercise program with Shiny&Health™ Products. It is the user’s sole responsibility to evaluate the user’s own medical and physical condition and independently determine whether to perform, use or adapt any of the representative exercise programs demonstrated on any Shiny&Health™ Platform.
e. Shiny&Health™ strongly recommends prospective users of Shiny&Health™ Products who have any prior or current neck problems, injuries or surgeries around the face, jaw and neck areas (including, for example, automobile injuries, sports injuries, facial surgeries, oral surgeries, orthodontal or dental surgeries) should obtain clearance from a physician before using Shiny&Health™ Products or beginning an exercise program with Shiny&Health™ Products.
f. CAUTION: If while using any Shiny&Health™ Product user experiences any symptoms of weakness, unsteadiness, light-headedness or dizziness, chest pain or pressure, nausea, or shortness of breath, user should immediately stop the exercise until it is safe to resume. Users should contact a physician if any symptoms linger for more than two or three days.
g. It is normal to experience varying degrees of muscle soreness after exercising, after beginning a new exercise, or after advancing to a higher level of resistance or new mouthpiece.
h. Any exercise program may result in injury if not properly performed or supervised.
i. By voluntarily undertaking any exercise you assume the risk of any resulting injury.
Shiny&Health™ does not recommend using Shiny&Health™ when driving or operating any kind of machinery.
USE SHINY&HEALTH™ PRODUCTS AT YOUR OWN RISK
Terms of Service
This website (sometimes referred to as the “Site”) is operated by Shiny&Health™.
Throughout the Site, the terms “we”, “us” and “our” refer to Shiny&Health™, and the term “User”, “purchaser” and “customer” refer to you, as the purchaser and intended user of one or more Shiny&Health™ Products.
Access to the Site, and all products, information, tools and services, offers and warranties on the Site, is offered to User expressly conditioned upon User’s acceptance of the Terms and Conditions of Use, and all other terms, conditions, policies and notices set forth in any of them.
By visiting the Site and/or purchasing Shiny&Health™ Products, User accepts our “Service” and agrees to be bound by the Terms and Conditions of Use, and all other terms, conditions, policies and notices set forth herein or included by reference and/or available by hyperlink (collectively, the “Terms of Service”, “Terms”). The Terms of Service apply to purchasers of Shiny&Health™ Products and all other users of the site and Products, including without limitation users who are browsers, vendors, customers, merchants or contributors of content.
Any new products, features or tools which are added to the retail pages of the Site (the “Site Store”) shall also be subject to the Terms of Service. User can review the most current version of the Terms of Service at any time on this page. Shiny&Health™ reserves the right to update, change or replace any part of the Terms of Service by posting updates and/or changes to the Site without prior notice. It is User’s responsibility to check this page periodically for changes to the Terms of Service. User’s continued use of or access to the Site following the posting of any changes constitutes User’s acceptance of all updates and changes.
User should read all Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, User agrees to be bound by the Terms of Service. If User does not agree to all the Terms of Service, then User will be deemed, for all purposes, to be an unauthorized user and, in the sole and absolute discretion of Shiny&Health™, may be denied access to the Site and/or prohibited from purchasing Shiny&Health™ Products or using any of the Site’s services.
As an authorized user, I confirm that I have read and understand the Terms of Service, and I accept the Terms of Service in its entirety, without exception.
1. SITE STORE TERMS
a. The Shiny&Health™ Site Store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform for Shiny&Health™ to sell our products and services to User and other customers. By agreeing to the Terms of Service, User also agrees to the terms, conditions and rules of WordPress.
b. By agreeing to the Terms of Service, User represents that (i) User has attained the age of majority in User’s state or province of residence, (ii) User expressly authorized any minor child over whom User has legal guardianship to use this site without restriction, and (iii) User assumes all responsibility and liability, if any, for the purchases and all other actions of such minor child on the Site.
c. User is strictly prohibited from using Shiny&Health™ Products, trademarks, or copyrighted materials or images without prior written authorization from Shiny&Health™; and the use of any of any of them for any unlawful purpose is absolutely prohibited.
d. In using the Service, User shall not violate any laws in the User’s jurisdiction or any Federal copyright, trademark and patent infringement laws.
e. User is strictly prohibited from transmitting to, across or upon the Site any worms, viruses, spam, any file or code of a destructive nature, or any messages deemed “hate speech” under Federal Law.
f. The willful violation of any of the Terms of Service may result in immediate
termination of User’s Services and a ban from the Shiny&Health™ Site and all related platforms, in the sole discretion of Shiny&Health™.
2. GENERAL CONDITIONS
a. Shiny&Health™ reserves the right to refuse access to the Site or Service to anyone, for any reason, at any time.
b. User understands that content (excluding credit card, ACH, and banking information, and other private information such as Social Security numbers) provided by User to Shiny&Health™ may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card, banking and financial information is always encrypted during transfer over networks.
c. User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or the Service, use of the Site or Service, access to the Site or Service, or any contact on the Site through which the Service is provided, without prior express written permission of Shiny&Health™.
d. All headings used in this agreement are included for convenience and facility of reference only, and will not limit or otherwise affect the Terms of Service.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
a. Shiny&Health™ is not responsible for the accuracy of information on the Site. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at User’s own risk. Nevertheless, upon reporting of any inaccurate, incomplete or obsolete information, Shiny&Health™ will use its best efforts to update or correct any such inaccurate, incomplete or obsolete information.
b. The Site may contain certain historical information. Historical information is not necessarily current and is provided for User’s reference only. Shiny&Health™ reserves the right to modify the contents of this Site at any time, but shall have no obligation to update any such information. User agrees that it is User’s responsibility to monitor any changes to the Site.
4. MODIFICATIONS TO THE SERVICE AND PRICES
a. Prices for Shiny&Health™ Products are subject to change without notice.
b. Shiny&Health™ reserves the right to, at any time and without notice, modify or discontinue the Service (or any part or content thereof).
c. Shiny&Health™ shall not be liable to User or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5. PRODUCTS OR SERVICES
a. Certain Shiny&Health™ Products or Services may be available exclusively online through the Site. Such products or services may be available in limited quantities only and are subject to return or exchange only pursuant to the Shiny&Health™ Return Policy.
b. Shiny&Health™ makes every effort to display as accurately as possible the colors and images of our products which appear in the Site Store. As computers and monitors vary in terms of picture quality, definition, tone, contrast, sharpness, warmth, refresh rate, and other factors, it may not be possible for User to view an accurate color representation of the Shiny&Health™ Products; and accordingly, Shiny&Health™ cannot guarantee that User will have an accurate representation of a product’s color before purchasing online based solely on the image displayed on User’s computer monitor.
c. Shiny&Health™: reserves the right, in its sole and absolute discretion, without prior notice, to: (i) limit the sale of Shiny&Health™ Products or Services to any person, geographic region or jurisdiction, and to make such determination on a case-by case basis; (ii) limit the quantities of any Shiny&Health™ Products or Services offered for sale to any or all customers and/or users; (iii) change the descriptions of any or all Shiny&Health™ Products at any time and from time to time; (iv) change the prices of any or all Shiny&Health™ Products at any time and from time to time; and (v) discontinue any Shiny&Health™ Product at any time. All Shiny&Health™ Products and Services are owned by Shiny&Health™; and any offer other than by Shiny&Health™ is void where prohibited.
d. Shiny&Health™ does not warrant that the quality of any Shiny&Health™ Products, Services, information or other material purchased or obtained by User will meet User’s expectations, or that any errors in the Service will be corrected; and the Limited Warranty set forth in Section 4 of the Terms and Conditions of Use attached hereto and incorporated herein by this reference is the sole warranty on all such products and services.
e. User shall be responsible for the payment of all taxes, fees, duties, shipping and delivery of all Shiny&Health™ Products purchased through the Site Store or from any other online vendor of Shiny&Health™ Products. The goods will be imported on behalf of the consignee/ebuyer. The consignee authorizes the (name of eTailer/supplier) to import the goods on his behalf. Further, the consignee/buyer agrees that (name of the eTailer/supplier) may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes; duties in addition with the purchase price of the goods.
6. ACCURACY OF BILLING AND ACCOUNT INFORMATION
a. Shiny&Health™ reserves the right to refuse any order User may place with us. Shiny&Health™ may, exercising sole and absolute discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders which use the same billing and/or shipping address. Should any order be changed or cancelled, Shiny&Health™ may attempt to notify User by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Shiny&Health™ reserves the right to limit or prohibit orders which, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors.
b. User agrees to provide current, complete and accurate purchase and account information for all purchases made on the Site Store. User agrees to promptly update User’s account and other information, including User’s email address and credit card numbers and expiration dates, so that we can complete User’s transactions and contact User as needed.
c. For more detail, please review the Shiny&Health™ Returns Policy.
7. OPTIONAL TOOLS
a. Shiny&Health™ may provide User with access to third-party tools which Shiny&Health™ does not monitor, over which it has no control and into which it has no input.
b. User acknowledges and agrees that Shiny&Health™ provide access to such tools ”as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. Shiny&Health™ shall have no liability whatsoever arising from or relating to User’s use of optional third-party tools.
c. Any use by User of optional tools offered through the Site is entirely at User’s own risk and discretion, and User should ensure that User is familiar with and approves of the terms on which tools are provided by one or more unrelated third party providers.
d. Shiny&Health™ may also, in the future, offer new services and/or features through the Site, including the release of new tools and resources. Such new features and/or services shall also be subject to the Terms of Service.
8. THIRD-PARTY LINKS
a. Certain content, products and services available through the Site and as part of the Service may include materials from third parties.
b. Third-party links on the Site may direct User to third-party websites which are un affiliated with Shiny&Health™. Shiny&Health™ is not responsible for examining or evaluating the content or accuracy, and does not warrant and shall have no liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties, even if available through a website reached through a link from the Site.
c. Shiny&Health™ is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. User should review carefully all third parties’ policies and practices and make sure User understand them before User engages in any transaction with that party or on that website. Complaints, claims, concerns, or questions regarding third-party products should be directed to that party.
9. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
a. If, upon request by Shiny&Health™, User sends certain specific submissions (e.g., contest entries) or without a request from us User sends creative ideas, suggestions, feedback, endorsements, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), User agrees that Shiny&Health™ may, at any time, without restriction, obligation or remuneration to User, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments forwarded by User to Shiny&Health™. Shiny&Health™ is, and shall be, under no obligation to: (1) maintain any Comments in confidence; (2) pay User or any author compensation for any Comments; or (3) respond to any Comments.
b. Shiny&Health™ shall have the absolute right, but no obligation, to monitor, edit and remove content it determines in its sole and absolute discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, violative of any party’s intellectual property or the Terms of Service.
c. User agrees not to make any Comments which would tend to violate the rights of any right of Shiny&Health™ or any third-party, including, but not limited to, copyright, trademark, patent, privacy, personality or any other personal or proprietary rights. User further agrees that no such Comments will contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or the Service, or any related website. User shall not use a false e-mail address, appropriate the identity of another user, pretend to be anyone other than User, or otherwise mislead Shiny&Health™ or third-parties as to the origin of any Comments. User is solely responsible for all Comments User makes and their accuracy, effect and consequences. Shiny&Health™ takes no responsibility and assumes no liability for any Comments posted by User or any third-party.
10. PERSONAL INFORMATION
11. ERRORS, INACCURACIES AND OMISSIONS
a. Occasionally, information on the Site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. At any time (including after User has submitted an order) and without prior notice, Shiny&Health™ shall have the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site, in the Service or on any related website is inaccurate.
b. Except as may be otherwise required by law, Shiny&Health™ undertakes no obligation to update, amend or clarify information on the Site, in the Service or on any related website, including without limitation, pricing information. No specified update or refresh date applied on the Site, in the Service or on any related website, should be taken to indicate that all information on any of them has been modified or updated.
12. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, User is prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or Service or any related website, other websites, or on the Internet. We reserve the right to terminate User’s use of the Site and/or Service or any related website for violating any of the prohibited uses.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
a. Results vary from person to person. Shiny&Health™ does not guarantee, represent or warrant that User’s use of the Site or Service will be uninterrupted, timely, secure or error-free.
b. Shiny&Health™ does not warrant that the results which may be obtained from the use of the Site or Service will be accurate or reliable.
c. User agrees that from time to time Shiny&Health™ may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to User.
d. User expressly agree that User’s use of, or inability to use, the Service is at User’s sole risk. The Service and all Shiny&Health™ Products and Services delivered to User through the Service are (except as expressly provided to the contrary) sold and delivered to User “as is” and “as available”, and subject only to the limited warranty set forth in Section 4 of the Terms and Conditions of Use attached hereto and incorporated herein by this reference.
e. In no case shall Shiny&Health™, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from User’s use or misuse of any of the Site, the Service or any Shiny&Health™ Products procured using the Service, or for any other claim related in any way to User’s use of the Service or any Shiny&Health™ Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Shiny&Health™ arising out of any of the above shall be limited to the maximum extent permitted by applicable law.
User agrees to indemnify, defend and hold Shiny&Health™ and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of User’s breach of the Terms of Service, the Terms and Conditions of Use, any other documents incorporated herein by reference, or User’s violation of any law or the rights of a third-party.
In the event that any provision of the Terms of Service or the Terms and Conditions of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
a. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
b. The Terms of Service are effective unless and until terminated by either User or Shiny&Health™. User may terminate the Terms of Service at any time by notifying Shiny&Health™ that User no longer wish to use the Services, or when User cease using the Site.
c. If in the sole judgment of User fails, or is Shiny&Health™ reasonably believes that User has failed, to comply with any term or provision of the Terms of Service, Shiny&Health™ also may terminate this agreement at any time without notice, and User will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny User access to the Services (or any part thereof).
17. ENFORCEMENT; MERGER; CONSTRUCTION
a. The failure of Shiny&Health™ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
b. The Terms and Conditions of Use attached hereto are expressly incorporated into these Terms of Service by this reference. The Terms of Service and all other documents incorporated herein by reference, and any policies or operating rules posted by Shiny&Health™ on the Site or with respect to the Service, constitutes the entire agreement and understanding between User and Shiny&Health™ and govern User’s use of the Service, superseding any and all prior versions of the Terms of Service, all prior or contemporaneous agreements, communications and proposals, whether oral or written, between User and Shiny&Health™.
c. To the extent permitted by applicable law, ambiguities in the interpretation of the Terms of Service shall not be construed against the drafting party.
19. CHANGES TO TERMS OF SERVICE
a. The most current version of the Terms of Service are available for review and download by any user at any time on this page https://storesnh.com/company-terms/.
b. Shiny&Health™ reserves the right, at its sole and absolute discretion, to update, change or replace any part of the Terms of Service by posting updates and changes to the Site. It is User’s responsibility to check the Site periodically for changes. User’s continued use of or access to the Site or the Service following the posting of any changes to the Terms of Service constitutes User’s acceptance of those changes.
20. CONTACT INFORMATION; NOTICES
Questions about the Terms of Service should be sent to us at email@example.com.
As an authorized User, I confirm that I have read and understand the Terms of Service, and I accept the Terms of Service in its entirety, without exception.