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Terms of Service

Oral Genome

Terms of Use

Last Modified: 12/14/2020

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the OralGenome.com website (the "Website") operated by Oral Genome LLC, a California limited liability company (“Oral Genome,” “we,” “us,” or “our”). Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone who wishes to access or use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have our permission to access or use the Website.

Prohibited Uses. You agree that you will use this Website in accordance with all applicable laws, rules, regulations, and these Terms. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

  • Impersonating or attempting to impersonate Oral Genome or its employees, representatives, subsidiaries, or divisions.
  • Misrepresenting your identity or affiliation with any person or entity.
  • Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material.
  • Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability.
  • Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website.
  • Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website.
  • Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose.
  • Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials.
  • Attempting to gain unauthorized access to, interfering with, damaging, or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website.
  • Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempting to interfere with the proper working of the Website.
  • Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

Accounts. When you create an account with us or purchase our products, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You can terminate your account by emailing us and by visiting the website.

Purchases. To complete a purchase, you will be asked to supply your name, email address, credit card number, expiration date, CCV, billing address, and shipping address.

All payments shall be processed immediately through a third-party service. We are not responsible for the retention or safety of your billing information that is collected by the third-party service.

You hereby represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to, product or service availability, error(s) in your order, or for any other reason.

We have the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. If fraud or an unauthorized or illegal transaction is suspected, we have the right to contact law enforcement to report the above actions and to provide your information.

Availability, Errors and Inaccuracies. We assume no liability for availability, errors, or inaccuracies in the information provided on this Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Services may be incorrectly priced, described inaccurately, or unavailable on the Website, and we cannot guarantee the accuracy or completeness of any information found on the Website. We expressly reserve the right to correct any pricing errors on our Website.

We make no representations about the suitability of the information, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by us. We disclaim all warranties and conditions that this Website, its servers, or any email sent from us are free of viruses or other harmful components.

Links to Third-Party Sites. This Website may contain hyperlinks to websites operated by parties other than us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual Property. All contents of this Website are ©2020 Oral Genome LLC. All rights reserved. The Website, and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, " Content ") are the proprietary property of Oral Genome and are either registered trademarks or trademarks of Oral Genome in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us.

If you are aware of an infringement of our intellectual property, please let us know by contacting us at info@oralgenome.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@oralgenome.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”. Our copyright agent is Oral Genome Webmaster. The following is his/her contact information:

info@oralgenome.com
(442) 320-3434
7720 Rancho Santa Fe Rd. #225
Carlsbad, CA 92009

You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad faith claims on the infringement of any Content found on and/or through the Website on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. To report that your intellectual property rights have been infringed upon, please email us at info@oralgenome.com and include the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

Damages. IN NO EVENT SHALL ORAL GENOME BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, AND EVEN IF ORAL GENOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATION ABOVE, ORAL GENOME IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF ORAL GENOME WILL IN NO EVENT EXCEED THE FEES YOU PAID TO ORAL GENOME IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF ORAL GENOME.

Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Dispute Resolution. We expect to be able to resolve any disputes with you informally through our customer service. However, in the event of any disputes, claims, controversies, differences, demands, or causes of action between you and Oral Genome relating to or arising out of your use of the Website, excluding copyright infringement claims (“Disputes”), the parties shall use their best efforts to settle the Dispute, and shall consult and negotiate with each other in good faith to attempt to reach an equitable resolution satisfactory to each party. If the parties have been unable to resolve any Dispute in such manner within a period of thirty (30) days, the matter shall be heard and determined by binding arbitration with the American Arbitration Association in San Diego, California, in accordance with their Commercial Arbitration Rules. If the parties are not able to agree upon an arbitrator within ten (10) business days of notice of demand for arbitration by any party on the other party, the parties shall each appoint one arbitrator and the two arbitrators shall select a third arbitrator who shall hear and determine the Dispute. The decision of the arbitrator(s) shall be binding and conclusive. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. A party may seek compliance with this arbitration provision by petition to any California court of general jurisdiction in San Diego County, California. The prevailing party in any proceeding to enforce this arbitration provision is entitled to the court’s order for payment of attorneys’ fees and costs in connection with the proceeding.

Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a collective or class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any Disputes subject to arbitration under this agreement. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Notice. Oral Genome may give you notice by means of an email to your email address on record with us. You may give us notice by means of an email to info@oralgenome.com.

Entire Agreement.  The Terms of Use, the https://oralgenome.com/privacy-policy/ , and the https://oralgenome.com/oral-wellness-screening-agreement/ (if you make a purchase), contain the entire understanding of the parties with respect to your use of the Website and Oral Genome’s products and services, and supersedes all prior agreements, either oral or written, between the parties.

Governing Law. These Terms are to be construed under and governed by the laws of the State of California (even though you may have accessed the Website in another state) without regard to the choice or conflicts of law provisions of any jurisdiction.

Severability. The provisions of these Terms of Use are divisible; if any provision is determined to be invalid or unenforceable, that provision is deemed limited to the minimum extent necessary to render it valid and enforceable and the remaining provisions of this agreement continue in full force and effect without being impaired or invalidated in any way.

Changes. We reserve the right to amend these Terms at any time without any prior notice to you.

Questions. If you have any questions about our Terms of Use, please contact us at info@oralgenome.com.

 

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