Imprint and Artwork Terms:
The partner is solely responsible for the products and must ensure that the designs/text printed on the products do not violate any rights of third parties.
The partner is obligated to ensure that he is the owner of all the necessary rights for duplication and distribution before uploading graphics, pictures, or texts.
The partner guarantees to not violate applicable laws, especially the rights of origin, art origin, brands, patents, and design patents, other commercial protection rights, or the USA criminal law when uploading pictures or graphics or entering texts.
Furthermore, the partner agrees to abstain from making products/product designs which are of insulting, dishonorable, nationalist, socialist, or other subversive, racist or pornographic character.
The partner will not hold Toothguard Dental Instruments responsible against possible claims of third persons which are asserted for culpable infringement of the rights of a third party through the partner, or because of a culpable action or an action contrary to the contract by the partner.
This indemnity obligation also contains the obligation to completely free Toothguard Dental Instruments from any legal costs realeted to the product and artwork (i.e. Court and lawyer fees).
Further:
Terms and Conditions
Legal
Welcome to BrytonPick.com. Toothguard Dental Instruments LLC and their affiliates (collectively, "Toothguard Dental Instruments") provide their services to you subject to the following conditions, which are also known as our terms of use ("Terms of Use"). By accessing and browsing this web site as well as Toothguard Dental Instruments other web sites (collectively "Toothguard Dental Instruments "), you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access this web site.
Your Account:
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Toothguard Dental Instruments does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use BrytonPick.com only with involvement of a parent or guardian. Toothguard Dental Instruments reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Product Descriptions:
Toothguard Dental Instruments attempts to be as accurate as possible. However, Toothguard Dental Instruments does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by BrytonPick.com itself is not as described, your sole remedy is to return it in accordance with our Return Policy.
Placing Your Order
When you order something from this web site you agree to comply with our shopping process. By placing an order with us you warrant to us that you are resident in the U.S. that you are accessing this web site from the U.S. and that you are at least 18 years old and legally capable of entering into binding contracts.
All orders placed by you are subject to acceptance by Toothguard Dental Instruments and all items are subject to availability.
Prices and Payment:
The prices for any goods will be as quoted on our web site. Prices are subject to change. These prices do not include sales tax, where applicable. Delivery costs are not included.
Risk of Loss:
All items purchased from BrytonPick.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Copyright
All web site design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all software is Copyright (c) 2007 Toothguard Dental Instruments LLC., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on this web site is the exclusive property of Toothguard Dental Instruments and protected by U.S. and international copyright laws. All software used on this site is the property of Toothguard Dental Instruments or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of this web site for the sole purpose of placing an order with Toothguard Dental Instruments or using this web site as a shopping resource. Any other use of materials on this web site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Toothguard Dental Instruments is strictly prohibited.
All material and information presented by Toothguard Dental Instruments is intended to be used for educational or informational purposes only. Use of this web site is not meant to serve as a substitute for professional medical advice: this web site is solely an online store for specialty beauty products. Please consult with your own dental practitioner regarding the use of any goods, products or information received from this web site before using or relying on them. Toothguard Dental Instruments does not give or intend to give any answers to medical related questions and this web site does not replace any dental professional or medical resource. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
Third Party Content:
Toothguard Dental Instruments may provide content of third parties ("Third Party Content") as a service to those interested in this information. Toothguard Dental Instruments does not monitor, approve or have any control over any Third Party Content. Toothguard Dental Instruments does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content. Toothguard Dental Instruments is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk.
Trademarks:
BRYTON and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Toothguard Dental Instruments and may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits Toothguard Dental Instruments. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Site Policies, Modification, and Severability:
Please review our other policies, such as our privacy policy and return policy, posted on this site. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Disclaimer
TOOTHGUARD DENTAL INSTRUMENTS IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THIS SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TOOTHGUARD DENTAL INSTRUMENTS DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, TOOTHGUARD DENTAL INSTRUMENTS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
WITHOUT LIMITING YOUR RIGHTS UNDER TOOTHGUARD DENTAL INSTRUMENTS RETURN POLICY, TOOTHGUARD DENTAL INSTRUMENTS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS (COLLECTIVELY, THE "TOOTHGUARD DENTAL INSTRUMENTS PARTIES") WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. IN NO EVENT WILL THE TOOTHGUARD DENTAL INSTRUMENTS PARTIES' TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER, EXCEED THE TOTAL VALUE OF ANY REFUND (IF ANY) TO WHICH YOU MAY BE ARE ENTITLED TO UNDER TOOTHGUARD DENTAL INSTRUMENTS RETURN POLICY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law:
This site is created and controlled by Toothguard Dental Instruments in the State of Florida, U.S.A. As such, the laws of the State of Florida will govern these Terms of Use, without giving effect to any principles of conflicts of laws.
Disputes:
Any dispute relating in any way to your visit to BrytonPick.com or to products you purchase through Toothguard Dental Instruments shall be submitted to confidential arbitration in Palm Beach Gardens, Florida, except that, to the extent you have in any manner violated or threatened to violate Toothguard Dental Instruments intellectual property rights, Toothguard Dental Instruments may seek injunctive, monetary or other appropriate relief in any state or federal court in the state of Florida (and Toothguard Dental Instruments may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The arbitrator is authorized to grant Toothguard Dental Instruments it reasonable fees and costs (including reasonable attorney's fees) incurred by Toothguard Dental Instruments in any action to enforce these Terms of Use.
Our Address
Toothguard Dental Instruments, LLC
Attn: Legal Department
11780 US Highway 1, Suite 204N
Palm Beach Gardens, FL 33408
Product Information:
The products displayed on this web site can be ordered and delivered only within the U.S. Toothguard Dental Instruments products displayed on this web site may be available in select retail stores in the U.S. and certain foreign markets. All prices displayed on this web site are quoted in U.S. Dollars and are valid and effective only in the U.S. All of the products purchased from this web site should be used in accordance with the manufacturer's instructions, precautions and guidelines. If any minor uses any goods or product from Toothguard Dental Instruments it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Toothguard Dental Instruments.
Fraud Protection Program:
We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Comments, Feedback and Other Submissions:
Toothguard Dental Instruments welcomes your comments and feedback regarding this web site, and Toothguard Dental Instruments products and services. Any information, materials, suggestions, ideas or comments sent to BrytonPick.com will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Toothguard Dental Instruments an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Toothguard Dental Instruments will not use your name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent
