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TOOOTHBRUSHSUBSCRIPTIONS.COM – Terms of Use Agreement

This Terms of Use Agreement (this “Terms of Use Agreement”), by and between Oral Health Ventures, Inc., a Delaware Corporation (“We”, “Our”, “Us” and similar derivatives), and you (“You”, “Your” and similar derivatives), the user and/or viewer of Our website (“Our Website”).  By using Our Website, You agree to be bound by, and comply with, all of the terms and provisions contained in this Terms of Use Agreement. 

1.         Your Acknowledgment and Acceptance of Terms

We provide Our Website to You subject to Your compliance with all of the terms, conditions and notices contained or referenced in this Terms of Use Agreement, as well as any other written agreement between You and Us.  In addition, when using particular services or materials on Our Website, users of Our Website shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in this Terms of Use Agreement.  All such guidelines or rules are hereby incorporated by reference into this Terms of Use Agreement.

BY USING Our Website, YOU AGREE TO BE BOUND BY this Terms of Use Agreement.  IF YOU DO NOT WISH TO BE BOUND BY this Terms of Use Agreement, PLEASE EXIT Our Website NOW.  YOUR REMEDY FOR DISSATISFACTION WITH Our Website, OR ANY PRODUCTS, SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH Our Website, IS TO STOP USING Our Website AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.  YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH this Terms of Use Agreement BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF Our Website.

This Terms of Use Agreement is effective as of February 16, 2014.  We expressly reserve the right to change this Terms of Use Agreement from time to time without notice to You (any such changes, collectively, the “Modified Terms of Use”).  You acknowledge and agree that it is Your responsibility to review Our Website and this Terms of Use Agreement from time to time and to familiarize Yourself with any Modified Terms of Use.  Your continued use of Our Website after such modifications will constitute Your acknowledgement of the Modified Terms of Use and Your agreement to abide and be bound by the Modified Terms of Use.

As used in this Terms of Use Agreement, references to Our “Affiliates” include Our owners, subsidiaries, affiliated companies, officers, members, managers, suppliers, partners, sponsors and advertisers, and includes without limitation all parties involved in creating, producing and/or delivering Our Website and/or Our Website’s contents.

2.         Description of Services

We make various services available on Our Website (collectively, “Services”), including, but not limited to, information about Our products and services, and a store where licenses to Our products can be purchased and downloaded.  We may also provide updates and other news content or user forums relating to Our products and services, and We may permit users to comment or respond to such content.

We reserve the sole right to either modify or discontinue Our Website, including any of Our Website’s features or Services, at any time with or without notice to You.  We will not be liable to You or any third party should We exercise such right.  Any new features that augment or enhance the then-current Services shall also be subject to this Terms of Use Agreement.

3.         Eligibility

By registering for and/or using the Services through Our Website, through Your mobile phone and/or through any of Your other mobile devices, You represent and warrant that You are:

  1. At least thirteen (13) years old and that You have permission from Your parent and/or legal guardian to use Our Website; or
  2. At least eighteen (18) years old.

4.         General Terms

You will treat the content on Our Website as Our intellectual property and You shall refrain from using any of Our Website’s content in any manner whatsoever, except for non-commercial, personal, informational purposes, without Our express written consent.

You agree not to indulge in spamming techniques by sending unsolicited commercial and/or other emails to any other member of Our Website.

You agree not to use Our Website for chain letters, phishing, spoofing and/or sending any message and/or material that is (a) libelous, defamatory, obscene, pornographic, threatening, invasive of publicity rights, abusive or illegal; (b) violates the copyright, patent, trade secret or any other rights of a third party; or (c) otherwise gives rise to liability or violates any other applicable law.

You agree not to spread technological nuisances, including viruses, Trojans, worms or any other software programs intended to damage, destroy, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information on other computer systems.

We reserve the right to temporarily suspend and/or permanently terminate the Services to any user who is found to be in violation of any provision of this Terms of Use Agreement.

You agree not to, directly or indirectly, reverse engineer, decompile, disassemble and/or otherwise attempt to discover the source code, object code and/or underlying structure, ideas and/or algorithms found at or through Our Website and/or any software, documentation and/or data related to Our Website.

Other than Your own user generated content (subject to the terms and conditions of this Terms of Use Agreement and the Privacy Policy posted on Our Website (“Our Privacy Policy”), which is incorporated herein by reference), You agree not to modify, translate, and/or create derivative works based upon Our Website or any portion of Our Website’s content.

You agree not to copy, distribute, pledge, assign and/or otherwise transfer or encumber any rights that You may have to Our Website.

5.         Registration Data and Privacy

In order to access some of the Services, You will be required to use an account and password that can be obtained by completing Our online registration form, which requests certain information and data from You (collectively, “Registration Data”), and maintaining and updating Your Registration Data as required.  By registering, You agree that all information provided in the Registration Data is true and accurate and that You will maintain and update this Registration Data as required, in order to keep such Registration Data current, complete and accurate.

You also grant Us the right to disclose to third parties certain Registration Data about You.  The information that We obtain through Your use of Our Website, including, but not limited to, Your Registration Data, is subject to Our Privacy Policy.

6.      Information Collection and Privacy

In order to purchase any products and/or Services on Our Website, You will be required to submit certain contact information, including, but not limited to, Your name, email, phone number, shipping and billing addresses and payment information to Our third party payment processor.  Please see Our Privacy Policy for additional details.

7.      Conduct on Our Website

Your use of Our Website is subject to all applicable laws and regulations, and You are solely responsible for the substance of Your communications through Our Website.  By posting information in or otherwise using any communications service, comments service, chat room, message board, newsgroup, software library or other interactive service that may be available to You on or through Our Website, You agree that You will not upload, share, post or otherwise distribute or facilitate distribution of any content, including, but not limited to, text, communications, software, images, sounds, data and/or other information, that:

a.         Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise violates Our rules or policies;

b.         Victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

c.         Infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party, which includes, but is not limited to, posting text or photographs that You did not write or take without the consent of the person or company who owns the copyrights in such text or photographs;

d.         Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as spamming), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

e.         Contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

f.          Impersonates any person or entity, including, but not limited to, any of Our owners, subsidiaries, affiliated companies, officers, members, managers, suppliers, partners, sponsors or advertisers.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of Our Website.  We generally do not pre-screen, monitor or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries or other interactive services that may be available on or through Our Website.  However, We and Our agents have the right, at Our sole discretion, to remove any content that, in Our sole judgment, does not comply with this Terms of Use Agreement or any other rule of user conduct for Our Website, or that is otherwise harmful, objectionable or inaccurate.  We are not responsible for any failure or delay in removing such content.  You hereby consent to such content removal and waive any claim against Us arising out of such content removal.  See Section 10 below for a description of the procedures to be followed in the event that any party believes that content posted on Our Website infringes upon any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party.

In addition, You may not use Your account to breach security of another user’s account or attempt to gain unauthorized access to another network or server.  Not all areas of Our Website may be available to You or other authorized users of Our Website.  You shall not interfere with any third party’s use and enjoyment of Our Website.  Users who violate systems or network security may also incur criminal or civil liability.

You agree that We may, at any time, and at Our sole discretion, terminate Your membership, account and/or other affiliation with Our Website without prior notice to You for violating any of the provisions of this Terms of Use Agreement.  In addition, You acknowledge that We will cooperate fully with investigations of violations of systems or network security of other websites, including by cooperating with law enforcement authorities in investigating suspected criminal violations.

8.         Third Party Websites and Information

Our Website may link You to other websites or otherwise include references to information, documents, software, materials and/or services provided by third parties.  These websites may contain information and/or material that some people may find inappropriate or offensive.  These other websites and third parties are not under Our control, and You acknowledge and agree that We are not responsible for the accuracy, copyright compliance, legality, decency and/or any other aspect of the content of such websites, nor are We responsible for errors or omissions in any references to third parties or their products and/or services.  The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, Our Website or by Us, OR ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

9.         Intellectual Property Information

For purposes of this Terms of Use Agreement, “content” is defined as any information, data, communications, software, photos, videos, graphics, music, sounds and any other materials or services that can be viewed by users on Our Website, which also includes message boards, chat rooms and all other original content.

By accepting this Terms of Use Agreement, You acknowledge and agree that all content presented to You on Our Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and that You will treat all such content as proprietary to Us and/or Our Affiliates.  You are only permitted to use the content as expressly authorized by the specific content provider or Us.  Except for a single copy made for personal use only, You may not copy, reproduce, modify, republish, upload, post, transmit or distribute any documents or information from Our Website in any form or by any means without prior written permission from the specific content provider or Us, and You are solely responsible for obtaining permission before reusing any copyrighted material that is available on Our Website.  Any unauthorized use of the materials appearing on Our Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties to You.

Neither We nor Our Affiliates warrant or represent that Your use of materials displayed on, or obtained through, Our Website will not infringe the rights of any third parties.  See Section 10 below for a description of the procedures to be followed in the event that any party believes that any content posted on Our Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

10.       Unauthorized Use of Materials

Subject to Our Privacy Policy, any communication or material (including any information, data, communications, software, photos, videos, graphics, music, sounds or any other materials that can be viewed on a website) that You transmit to Our Website or to Us, whether by email, post or other means, for any reason, will be treated as non?confidential and non-proprietary.  While You retain any and all rights that You have in such communications or materials, You grant Us and Our agents and Affiliates a non?exclusive, fully-paid, perpetual and worldwide license and right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use such communications or materials (including any such communications or materials submitted prior to the effective date of this Terms of Use Agreement) for any commercial or non?commercial purpose regardless of the form or medium (now known, not currently known or not yet devised) in which such communications or material are used.  BY SUBMITTING SUCH COMMUNICATIONS OR MATERIALS AFTER THE EFFECTIVE DATE OF THIS Terms of Use Agreement, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO GRANT THE ABOVE DESCRIBED RIGHTS TO US AND ARE NOT INFRINGING UPON ANY THIRD PARTY’S COPYRIGHT, TRADEMARK OR OTHER PROPERTY RIGHTS TO SUCH COMMUNICATIONS OR MATERIALS.  IN REGARDS TO THE COMMUNICATIONS AND MATERIALS SUBMITTED BEFORE THE EFFECTIVE DATE OF THIS Terms of Use Agreement, BY CONTINUING TO USE Our Website, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO GRANT THE ABOVE DESCRIBED RIGHTS TO US AND ARE NOT INFRINGING UPON ANY THIRD PARTY’S COPYRIGHT, TRADEMARK OR OTHER PROPERTY RIGHTS TO SUCH COMMUNICATIONS OR MATERIALS.

Please do not submit confidential and/or proprietary information to Us, unless We have mutually agreed in writing otherwise.  We are also unable to accept Your unsolicited ideas or proposals, so please do not submit them to Us in any circumstance.

We respect the intellectual property of others and We ask You to do the same.  If You or any user of Our Website believes that its copyright, trademark or other property rights have been infringed upon by a posting on Our Website, You or the user should immediately send notification to Our Designated Agent (as identified in Section 10.h).  To be effective, such notification must:

a.         Identify in sufficient detail the copyrighted work that You believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed;

b.         Identify the material that You claim is infringing upon the copyrighted work listed in item Section 10.a;

c.         Provide information reasonably sufficient to permit Us to contact You (email address is preferred);

d.         Provide information, if possible, sufficient to permit Us to notify the owner and/or administrator of the allegedly infringing webpage or other content (email address is preferred);

e.         Include the following statement:  “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, the copyright owner’s agent or the law.”

f.          Include the following statement:  “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

g.         Sign the notification.

h.         Send the written notification to the following address:

Contact:          Complaints Handler, Oral Health Ventures, Inc., “Designated Agent”
Address:          340 S. Lemon Ave. #8116, Walnut, CA 91789
Phone:             866-447-2824
Email:              complaints@toothbrushsubscriptions.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our Website without liability to You or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

11.       Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON Our Website ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES AND/OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR MATERIALS WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES AND/OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM Our Website, US AND/OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

Our Website COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES AND/OR TYPOGRAPHICAL ERRORS.  WE MAY MAKE CHANGES TO THE MATERIALS AND/OR SERVICES AVAILABLE ON Our Website, INCLUDING, BUT NOT LIMITED TO, THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED, AT ANY TIME WITHOUT NOTICE.  THE MATERIALS AND/OR SERVICES AVAILABLE ON Our Website MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS AND/OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH Our Website IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through Your use of Our Website, You may have the opportunities to engage in commercial transactions with other users and vendors.  You acknowledge that all transactions relating to any merchandise and/or services offered by any third party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and You.  WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH Our Website, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.  ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH Our Website FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OF OUR AFFILIATES.

Content available through Our Website may represent the opinions and judgments of an information provider, website user or other person or entity not connected with Us.  We do not endorse, nor are We responsible for the accuracy and/or reliability of, any opinion, advice or statement made by anyone other than an authorized spokesperson of Ours speaking in such authorized spokesperson’s official capacity.  Please refer to the specific editorial policies posted on various sections of Our Website for further information, which policies are incorporated by reference into this Terms of Use Agreement.

You understand and agree that temporary interruptions of the Services may occur as normal events.  You further understand and agree that We have no control over third party networks that You may access in the course of Your use of Our Website, and therefore, delays and disruption of other network transmissions are completely beyond Our control.

You understand and agree that the Services are provided “AS IS” and that We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12.       Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF Our Website OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM Our Website.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND/OR SERVICES OFFERED THROUGH Our Website OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH Our Website, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13.       Indemnification

Upon a request by Us, You agree to defend, indemnify and hold Us and Our Affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, that arise from Your use or misuse of Our Website.  We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You agree to cooperate with Us in asserting any available defenses.

14.       Security and Password

You are solely responsible for maintaining the confidentiality of Your password and account and for any and all statements made and acts or omissions that occur through the use of Your password and/or account.  Therefore, You must take steps to ensure that others do not gain access to Your password and/or account.  Our personnel will never ask You for Your password.  You may not transfer or share Your account with anyone, and We reserve the right to immediately terminate Your account if You do transfer or share Your account.

15.       Participation in Promotions

From time to time, Our Website may include advertisements offered by third parties.  You may enter into correspondence with or participate in promotions of the advertisers showing their products on Our Website.  Any such correspondence or promotions, including the delivery of and the payment for goods and/or services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and the advertiser.  We assume no liability, obligation and/or responsibility for any part of any such correspondence or promotion.

16.       Email, Messaging, Blogging, Comments and Chat Services

We may make email, messaging, blogging and/or chat services (collectively, “Communications”) available to users of Our Website, either directly or through a third?party provider.  We may make available separate supplemental agreements characterizing the relationship between You and Us that, except where expressly noted or contradictory, includes this Terms of Use Agreement.

We will not inspect or disclose the contents of private Communications, except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as otherwise required by law or by court or governmental order.  Further information is available in Our Privacy Policy.

We may employ automated monitoring devices and/or techniques to protect Our users from mass unsolicited communications (also known as spam) and/or other types of electronic communications that We deem to be inconsistent with Our business purposes.  However, such devices and/or techniques are not perfect and We will not be responsible for any legitimate communication that is blocked or for any unsolicited communication that is not blocked.

Mailboxes may have a limited storage capacity.  If You exceed the maximum permitted storage space, We may employ automated devices that delete or block email messages that exceed such limit.  We will not be responsible for such deleted or blocked messages.

17.       International Use

Although Our Website may be accessible worldwide, We make no representation that materials on Our Website are appropriate and/or available for use in locations outside the United States, and accessing them from territories where such materials’ contents are illegal is prohibited.  Those who choose to access Our Website from other locations do so on their own initiative and are responsible for compliance with local laws.  Any offer for any product, service and/or information made in connection with Our Website is void where prohibited.

18.       Termination of Use

You agree that We may, in Our sole discretion, with or without notice to You, terminate or suspend Your access to all or part of Our Website for any reason, including, without limitation, breach of this Terms of Use Agreement.  Any suspected fraudulent, abusive and/or illegal activity may be grounds for terminating Your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, Your right to use the Services immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files and/or Our Website.  We shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Us in connection with such termination or suspension.

19.       Governing Law

Our Website (excluding any linked websites) is controlled by Us from Our offices within the Commonwealth of Virginia, United States of America.  Our Website can be accessed from all fifty (50) states, as well as from other jurisdictions and countries around the world.  As each of these places has laws that may differ from those of Virginia, by accessing Our Website both parties agree that the statutes and laws of the Commonwealth of Virginia, without regard to Virginia’s conflicts of laws principles, and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of Our Website and the purchase of products and/or services available through Our Website.  The parties agree and hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the Commonwealth of Virginia with respect to such matters.

20.       Entire Agreement

This Terms of Use Agreement constitute the entire agreement and understanding between the parties concerning the subject matter of this Terms of Use Agreement and supersedes any and all prior agreements and/or understandings of the parties with respect to the subject matter of this Terms of Use Agreement.  This Terms of Use Agreement may not be altered, supplemented or amended by the use of any other document.  Any attempt to alter, supplement and/or amend this Terms of Use Agreement or to enter an order for products and/or services that are subject to additional and/or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by You and Us.  To the extent that anything in or associated with Our Website is in conflict or inconsistent with this Terms of Use Agreement, this Terms of Use Agreement shall take precedence.

21.       Miscellaneous

In any action to enforce this Terms of Use Agreement, the prevailing party will be entitled to costs and attorneys’ fees.  Any cause of action brought by You against Us or Our Affiliates must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.

You may not assign Your rights and/or obligations under this Terms of Use Agreement to any party, and any purported attempt to do so will be null and void.  We may freely assign Our rights and/or obligations under this Terms of Use Agreement.

You agree not to sell, resell, reproduce, duplicate, copy and/or use for any commercial purposes any portion of Our Website, or use of or access to Our Website.

In addition to any excuse provided by applicable law, We shall be excused from liability for non-delivery or delay in delivery of products and/or services available through Our Website arising from any event that is beyond Our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Our reasonable control, whether or not similar to those that are enumerated above.

If any part of this Terms of Use Agreement is held to be invalid or unenforceable, such portion of this Terms of Use Agreement shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions of this Terms of Use Agreement shall remain in full force and effect.

Any failure by Us to enforce or exercise any provision of this Terms of Use Agreement or related rights shall not constitute a waiver of that right or provision.

ANY RIGHTS NOT EXPRESSLY GRANTED IN this Terms of Use Agreement ARE RESERVED BY US.

22.       Contact Information

Except as explicitly noted on Our Website, the Services are offered by Oral Health Ventures, Inc., 340 S. Lemon Ave. #8116, Walnut, CA 91789.  Our telephone number is 866-447-2824. If You notice that any user of Our Website is violating this Terms of Use Agreement, please contact Us complaints@toothbrushsubscriptions.com.