Thank you for visiting Whitekit.com, an online retail store and
information site. This site is designed to provide a convenient,
private and informative shopping experience for consumers to purchase
products accessible 24 hours a day, 7 days a week. Whitekits.com's
online store offers products, buying guides, and third party product
reviews to assist customers in making educated buying decisions.
Whitekits.com which is owned by Links Inks wants every customer
to have a pleasurable visit, so we have established the following
terms and conditions so that we (we and you) know what to expect
from each other. By using the Site you agree to be bound by the
terms set forth herein. We may make changes to the Site, these
Terms of Use, or the policies and conditions that govern the use
of the Site at any time. We encourage you to review the Site and
these terms periodically for any updates or changes. Your continued
access or use of the Site shall be deemed your acceptance of these
changes and the reasonableness of these standards for notice of
changes.
PRIVACY
Please review our Privacy Policy, which also governs your visit
to the Site, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from
us electronically. We will communicate with you by e-mail or by
posting notices on this site. You agree that all agreements, notices,
disclosures and other communications we provide to you electronically
satisfy any legal requirement that such communications be in writing.
TRADEMARKS
Whitekit.com® , Links Inks TM and the following are our trademarks
and service marks:
Give yourself a beautiful, whiter smile
whitekit.com
All other trademarks, product names, and company names and logos
appearing on the Site are the property of their respective owners.
YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Site, you agree to: (a) provide
true, accurate, current and complete information about yourself
as prompted by the checkout form for your account information (the
"Account Information") and (b) maintain and promptly update
the Account Information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current
or incomplete, or we have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, we
may suspend or terminate your account and refuse any and all current
and future use of the Site. Account Information and certain other
information about you is subject to our Privacy Policy. For more
information, please see our full privacy policy at http://www.whitekit.com/privacy.html
You will receive a password and account designation when you have
completed the Account Information. You are responsible for maintaining
the confidentiality of the password and account and are fully responsible
for all activities that occur under your password or account. You
agree to immediately notify us of any unauthorized use of your password
or account or any other breach of security.
YOUR CONDUCT
Any conduct by you that in our sole discretion restricts or inhibits
any other user from using or enjoying the Site will not be permitted.
You agree to use the Site only for lawful purposes. You are prohibited
from posting on or transmitting through the Site any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, sexually
explicit, profane, hateful, fraudulent, racially, ethnically, or
otherwise objectionable material of any kind, including but not
limited to any material that encourages conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise violate
any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Site, use of the
Site, or access to the Site.
You agree not to access the Site by any means other than through
the interface that is provided by us for use in accessing the Site.
SITE CONTENT
You acknowledge that the Site contains information, data, software,
photographs, graphics, videos, text, images, typefaces, sounds,
and other material (collectively "Content") that are protected
by copyrights, trademarks, or other proprietary rights, and that
these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted
as a collective work under the U.S. copyright laws, and we own a
copyright in the selection, coordination, arrangement, and enhancement
of such Content. You may not modify, remove, delete, augment, add
to, publish, transmit, participate in the transfer or sale of, create
derivative works from, or in any way exploit any of the Content,
in whole or in part. If no specific restrictions are displayed,
you may make copies of select portions of the Content, provided
that the copies are made only for your personal, information and
non-commercial use and that you do not alter or modify the Content
in any way, and maintain any notices contained in the Content, such
as all copyright notices, trademark legends, or other proprietary
rights notices. Except as provided in the preceding sentence or
as permitted by the fair use privilege under the U.S. copyright
laws (see e.g. 17 U.S.C. Section 107), you may not upload, post,
reproduce, or distribute in any way Content protected by copyright,
or other proprietary right, without obtaining permission of the
owner of the copyright or other proprietary right. In addition to
the foregoing, use of any software Content shall be governed by
the software license agreement accompanying such software, if any.
COLOR/PRODUCT DESCRIPTION
We have made every effort to display as accurately as possible the
colors of our products that appear at the Site. However, as the
actual colors you see will depend on your monitor, we cannot guarantee
that your monitor's display of any color will be accurate. We have
attempted to be as accurate as possible. However, we do not warrant
that the product descriptions are accurate, complete, reliable,
current, or error-free. If a product offered by the Site is not
as described, your sole remedy is to return it in unused condition.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS,
GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM
(i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENETERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE
THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND
SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us, and our subsidiaries, affiliates,
officers, directors, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post to or transmit through the Site, your use
of the Site, your connection to the Site, your violation of the
Terms of Use, or your violation of any rights of another.
EXPORT
The U.S. export control laws regulate the export and re-export of
technology originating in the United States. This includes the electronic
transmission of information and software to foreign countries and
to certain foreign nationals. You agree to abide by these laws and
their regulations - including but not limited to the Export Administration
Act and the Arms Export Control Act and not to transfer, by electronic
transmission or otherwise, any Content derived from the Site to
either a foreign national or a foreign destination in violation
of such laws
RISK OF LOSS
InkSell.com is responsible for all products until such time that
they leave the warehouse and are handed to a third-party carrier
for final delivery, at which time all risk of loss passes to the
customer.
OUR RIGHTS
We may elect to electronically monitor areas of the Site and may
disclose any Content, records, or electronic communication of any
kind (i) to satisfy any law, regulation, or government request;
(ii) if such disclosure is necessary or appropriate to operate the
Site; or (iii) to protect our rights or property or the rights of
the users, Sponsors, Providers, Licensors, or Merchants. We are
not responsible for screening, policing, editing, or monitoring
such Content. If notified of allegedly infringing, defamatory, damaging,
illegal, or offensive Content, we may investigate the allegation
and determine in our sole discretion whether to remove or request
the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or
part of the Site, without notice, for any conduct that we, in our
sole discretion, believe is in violation of any applicable law or
is harmful to the interests of another user, a third-party Provider,
Merchant, Sponsor, Licensor, service provider, or us.
Because customer service is paramount to our business, we reserve
the right to refuse to sell products to you if it reasonably appears
to us that you intend to resell the products. In addition, we reserve
the right to limit quantities of items purchased by each customer.
LINKS TO THIRD PARTY SITES
Occasionally, we may make available a link to a third party's web
site. These links will let you leave the Site. The linked sites
are not under our control and we are not responsible for the contents
of any linked site or any link contained in a linked site, or any
changes or updates to such sites. We are not responsible for webcasting
or any other form of transmission received from any linked site.
We provide the links to you only as a convenience. We do not endorse
the site or its use or contents.
APPLICABLE LAW
We control the Site from our offices within the United States of
America. We make no representation that the Content in the Site
is appropriate or available for use in other locations, and access
to them from territories where their content is illegal is prohibited.
Those who choose to access the Site from other locations do so on
their own initiative and are responsible for compliance with applicable
local laws. You may not use or export the Content in violation of
U.S. export laws and regulations. Any claim relating to the Site,
the services provided through the Site or the Content shall be governed
by the internal laws of the state of Washington, without reference
to its choice of law provisions. You hereby irrevocably consent
to the exclusive jurisdiction and venue of courts in Cranston, Rhode
Island, U.S.A.
TERMINATION
These terms are effective until terminated by either party. If you
no longer agree to be bound by the Terms of Use, you must cease
your use of the Site. Subject to applicable law, we reserve the
right to suspend or deny, in our sole discretion, your access to
all or any portion of the Site with or without notice. You agree
that any termination of your access to the Site may be effected
without prior notice, and acknowledge and agree that we may immediately
deactivate or delete your account and all related information and
files in your account and bar any further access to such files or
the Site. Further, you agree that we shall not be liable to you
or any third-party for any termination of your access to the Site.
SHIPPING ADDRESS
To make purchases on the Site, you must have a shipping address
in the United States or use an APO/FPO U.S. military address.
GENERAL INFORMATION
These Terms of Use constitute the entire agreement between us (you
and us) and govern the use of the Site. You also may be subject
to additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. Our failure
to exercise or enforce any right or provision of the Terms of Use
shall not constitute a waiver of such right or provision. If any
provision of the Terms of Use is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the Terms of Use remain
in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use of the Site or the Terms of Use must be filed
within one year after such claim or cause of action arose or be
forever barred.
The section titles in the Terms of Use are for convenience only
and have no legal or contractual effect.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied and
is accessible on the Site in a way that constitutes copyright infringement,
you may notify us and we will try our best to immediately resolve
the situation.
1. an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
2. 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;
3. identification of the URL or other specific location on the
Site where the material that you claim is infringing is located;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
Crest Whitestrips, Colgate Simply White Night, and Crest Professional
Whitestrips are registered trademarks of their respective companies. Information
on Whitekit.com is for informational purposes and is not meant to substitute
for the advice provided by your own dentist. You should not use the information
contained herein for diagnosing or treating a health problem. You should read
carefully all product packaging. Customer reviews are provided for informational
purposes only and are from third party websites. Customer reviews reflect
the individual reviewer's results and experiences only and are not verified
or endorsed by Whitekit.com.
