Terms & Conditions

This Agreement contains the complete terms and conditions that apply to you in joining, buying, bidding, selling and all other activities you will make on our website: www.whitensmilemore.com (Site). By using or shopping from the Site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between Whiten LLC (Company) and you (Customer), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you. Agreement posted on the Site reflects the latest agreement, and by using the Site, you are agreeing to the terms.

Use of the Site and Prohibitions
The Site allows you to shop online. However, you are prohibited from the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an item in an inappropriate category or areas on our sites and services; (c) collecting information about a user’s personal information; (d) manoeuvring the price of any item or interfere with other users’ listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system.
For you to complete the sign-up process on the Site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older, and you are responsible for keeping your password secure and for all activities and contents that are uploaded under your account. Customer must not transmit any worms or viruses, or any code of a destructive nature.

Payments and Processing of Invoices
Company has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Company prior to the acceptance of an order. Unless credit terms have been agreed upon, payment for the products shall be made by credit card, PayPal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. Company has all the discretion to cancel or deny orders. Company is not responsible for pricing, typographical, or other errors in any offer on the Site and reserves the right to cancel any orders arising from such errors. For all but consumer purchases, Company reserves the right to charge you a late penalty charge of 1% per month applied against undisputed, overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.

Refund Policy
We will refund your order if you have participated in the “Whiten Challenge” and have postmarked the return within 30 days from proof of delivery of the product. Customer agrees to follow the recommended treatment plan and if you do not have a whiter smile by your 5th treatment, send the product back in its original package, with all of the original contents and a copy of the proof of delivery. The product must be in good working order, refunds will not be granted if the Whiten Luminator is damaged and not working due to misuse.

To qualify for the $100 rebate, you agree to enroll in the monthly gel refill program for a minimum of six months. You will be billed $19.95 plus $5 shipping and handling each month. You may cancel at any time after the six months. If you cancel during the first six months after your purchase, you will forfeit the rebate and you authorize Whiten LLC to charge your credit card $100 at the time of cancellation.

Discounts offered Company and/or the Site are valid only at the time of purchase, and may not be applied to past purchases. Any discount offered may change at any time without notice from Company and/or the Site and will then no longer be valid.

You will receive periodic emails from the Company about product updates and promotions. You may cancel at any time by clicking the unsubscribe link at the bottom of the email.

Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Pricing and Descriptions
The List Price displayed for products on the Site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which mean the aggregate of the manufacturers estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mis-priced items in our catalogs in which the item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current or error-free. If a product offered on the Site is not as described, your sole remedy is to return it in unused condition.

Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. Your continued participation in our program, or visiting and shopping on the Site following the posting of a change notice or new agreement will constitute binding acceptance of the change.

Acknowledgement of Rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the Site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

FRAUDULENT ACTIVITIES are highly monitored on the Site, and if fraud is detected Company shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

Warranty Disclaimer and Limitations Of Liability
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD 1,000 or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered on the Site (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You -understand and agree that your use of the Site is at your own risk.

You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Company. Such customer information is confidential and may not be disclosed. Affiliates and Customers agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

Failure of Company or the Site to insist upon strict adherence to any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

This Agreement shall be governed by and construed in accordance with the substantive laws of Michigan, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Michigan, to the exclusion of any other courts without giving effect to its conflict of law’s provisions or your actual state or country of residence.

The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of this Agreement is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of this Agreement shall remain valid and enforceable according to its terms.

Last updated on August 18, 2013.