ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS TERMS OF USE AGREEMENT OF THE COMPANY, PLEASE CONTACT Toothbrush Topperz® AT 954-744-0262

Or by email at info@toothbrushtopperz.com

 

TERMS OF USE AGREEMENT

 

PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE PLACING AN ORDER ONLINE OR OVER THE TELEPHONE, OR OTHERWISE USING THIS WEBSITE. The following terms of use (the "Terms of Use") contain the terms and conditions applicable to you and your access to and use of this website, www.toothbrushtopperz.com, including the mobile version (collectively, the "Website"), and our mobile application (the "App"), if applicable, in each case regardless of how accessed (collectively, the Website and the App are referred to as the "Company"). The Company’s are owned and operated by Impressions by Lisa, LLC a Florida Limited Liability Company, and/or its affiliates ("Toothbrush Topperz®”, “Zazoodle Topperz®”, " "we", "us", "our"). Your use of the Company’s (and any other feature, content or application offered by the Company’s) is at all times subject to these Terms of Use, as the same may be modified by us, and all applicable laws, rules and regulations. Please read these Terms of Use carefully. Your Use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, AND DO NOT USE A COMPANY PRODUCT.  If you are dissatisfied with these Terms of Use or the Company’s or any material on the Company’s, your sole and exclusive remedy is to discontinue using the Company’s.

 

1. Acceptance of Terms of Use.

 

BY ACCESSING AND USING THE COMPANY’S, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.  Notwithstanding the foregoing, to the extent Impressions by Lisa, LLC. (Toothbrush Topperz®”, “Zazoodle Topperz®”, " "we", "us", "our) believes you violated or may violate Impressions by Lisa, LLC. (Toothbrush Topperz®”, “Zazoodle Topperz®”, " "we", "us", "our) intellectual property rights, Impressions by Lisa, LLC. (Toothbrush Topperz®”, “Zazoodle Topperz®”, " "we", "us", "our) may seek injunctive or other appropriate relief in any state or federal court.  If you do not agree to be bound by these terms of use, you may not access or use the Company’s.  These Terms of Use may be changed, modified, or altered by us in our sole discretion at any time without prior notice. If we materially change the Terms of Use, we will notify you through a notice, updated Terms of Use on the Company’s or by email (sent to the email address specified in your account, if any), prior to or upon the change(s) becoming effective.  Accordingly, when you access or use the Company’s, you should check the date of the Terms of Use and be aware of any changes since the last version. Your continued use of the Company’s following the posting of any changes to these Terms of Use means that you accept such changes. Your access to and use of the Company’s will be governed by the Terms of Use in effect at the time of such access or use.

 

2. Use of the Company’s

 

The content and information posted by us on the Company’s may be used only for      informational, personal or other purposes authorized by us.  By accessing and using the Company’s, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Company’s does not violate any applicable law, rule or regulation. The Company’s are intended for use by residents of the United States ("U.S.") or non-residents that agree to use the Company’s in accordance with U.S. laws, these Terms of Use and the Privacy Policy. By using the Company’s, you further represent and warrant that you meet these residency requirements.  Use of and access to the Company’s is void where prohibited. You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not without our prior written consent:

 

1.copy, reproduce, rent, lease, loan or sell content retrieved from the Website;

2.modify, distribute, or re-post any content on the Website for any purpose; or

3.use the content of the Website for any commercial exploitation whatsoever.

 

3. User-Generated Content

 

Users may be able to post content in certain areas on the Company’s or on other websites or platforms that we own or operate, including on social media platforms such as Facebook, Instagram, Twitter and Pinterest ("Other Platforms"). You are solely responsible for any content (including, without limitation, photos, artwork, videos, text, graphics, and other information) you upload, post, display or otherwise provide to us through the Company’s or Other Platforms ("User Content"). Any User Content you post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non-proprietary. By sharing User Content with us, you grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and services which incorporate such User Content.   You further agree that this means that any User Content may appear on sites other than the Property through which you submitted your User Content including but not limited to Other Platforms.  You represent and warrant that: (a) you own the User Content posted by you on the Company’s or otherwise have the right to grant the license set forth in this Section 10; (b) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; and (c) the posting of User Content on the Company’s does not result in a breach of any contract between you and a third party.   You agree that you will not use a false or misleading email address, impersonate another person or entity or otherwise mislead with respect to any User Content.  You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the Company’s.   We are under no obligation to screen or monitor User Content, but may review User Content from time to time at our sole discretion to review compliance with these Terms of Use. We may reject, refuse to post, edit or remove any User Content at any time without notice, for any or no reason.

 

4. Other Sources of Terms and Conditions; Promotions and Coupons

 

In order to participate in or use certain services, promotions, discounts or coupons that may be run from time to time with respect to the Company’s ("Offers"), you may be required to agree to additional or different terms and conditions ("Offer Terms"). If there is a conflict between these Terms of Use and any Offer Terms, the Offer Terms shall control and the non-conflicting provisions in these Terms of Use will continue to apply. For example, if you seek to redeem a coupon code on the Company’s, your redemption of the coupon code is subject to the specific Offer Terms applicable to that code and to the non-conflicting provisions of these Terms of Use. If an Offer does not contain Offer Terms, then only these Terms of Use apply. Under these Terms of Use, unless otherwise prohibited by law, any Offer: (a) is valid only at the Property identified in the Offer and at no other store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one Offer per person; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the later of one year from the date of issue or the date required by applicable law, and (i) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, shipping or any value added service. In addition, some Offers may be in the form of a voucher.  If you purchase a voucher with a promotional value beyond the amount paid, you may redeem the voucher for the promotional value until the expiration date, or for the amount paid after the end of the applicable promotional period. We reserve the right to limit, change, or cancel any Offer or associated order, without prior notice, even after you have attempted to redeem the Offer or placed your associated order. By using an Offer, you indicate your acceptance of all applicable terms and conditions, including these Terms of Use and the Offer Terms, if applicable. Some Offers also may be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer. However, at no time will third party codes, coupon codes be accepted unless issued on the Impressions by Lisa, LLC. (Toothbrush Topperz®”, “Zazoodle Topperz®”, " "we", "us", "our) website(s).

 

5.Unauthorized Use

 

You may not use the Company’s for any unauthorized use or for any illegal or unlawful purpose.  Any unauthorized use or violation of these Terms of Use may immediately and automatically terminate your right to use and access the Company’s and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Company’s. We may remove any unauthorized content, links, etc. without notice. Some examples of unauthorized, illegal or unlawful use of the Company’s include, but are not limited to:

 

Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images, video, and text), in whole or in part, from/on the Company’s without our prior written consent;

 

Collecting usernames and/or email addresses of users for sending unsolicited email;

 

Using a framing or similar technique without our prior written permission;

 

Creating or maintaining any link from another website to any page on the Company’s without our prior written permission;

 

Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

 

Covering or obscuring the banner advertisements on the Company’s, if any, via HTML/CSS or any other means;

 

Any automated use of any system, such as using scripts to alter content;

 

Interfering with, disrupting, or burdening the Company’s or the networks, systems or services connected to the Company’s;

 

Using any automated system or software to extract data from the Company’s for commercial purposes (including "screen scraping");

 

Attempting to impersonate another user or person at checkout or otherwise;

 

Using the account, username, or password of another user or disclosing your password, as applicable, to any third party or permitting any third party to access your account;

 

Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Company’s on behalf of that person, such as placing commercial content on the Company’s;

 

Using the Company’s for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes;

 

Using the Company’s in a manner inconsistent with any applicable law, rule or regulation.

 

6. Disclaimer of Warranties With Respect to Use of the Website

 

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

 

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

7. Purchasing Items from Us Product Representations

 

Company reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. Company takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that Company does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our return policy.  Company’s descriptions of, or references to, products not owned by Company do not imply endorsement of that product, or constitute a warranty by Company.

 

Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.

 

Order Placement and Acceptance. If you order a product, payment must be received by Company prior to Company’s acceptance of the order. Company may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.

 

our order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization and a form of payment has been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.

Impressions by Lisa, LLC. does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If Impressions by Lisa, LLC discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards,

Impressions by Lisa, LLC. reserves the right to report you to federal, state and/or local enforcements authorities.

 

Shipping and Risk of Loss. Impressions by Lisa, LLC. will add applicable shipping and handling fees to your order. Unless otherwise noted, Impressions by Lisa, LLC will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Impressions by Lisa, LLC may provide delivery or shipment timeframes or dates, you understand that those are Impressions by Lisa, LLC good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order). Impressions by Lisa, LLC will use reasonable good faith efforts to contact you. If Impressions by Lisa, LLC cannot contact you or you no longer wish to receive the item, Impressions by Lisa, LLC will cancel the order and promptly refund the amount tendered, and will do so within 7 business days if made using third-party credit card, such as a Visa or MasterCard. Company shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Impressions by Lisa, LLC may reject orders where the stated delivery address is outside the United States.

 

Products, Content and Specifications. The inclusion of any products or services on the Company does not imply or warrant that these products or services will be available at any particular time or that the listed attributes are accurate or complete. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged.  If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate.   Further, we do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Company’s by any third party, including but not limited to customers, manufacturers, distributors or suppliers of products and services sold through the Company.  In addition, we may make changes to information about price, availability or other product attributes without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. With respect to the shipment of products and services sold through the Company’s, risk of loss and title for items purchased from the Company’s pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Company’s. By placing an order, you represent that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law.

 

Sales Tax. In the United States, Impressions by Lisa, LLC is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Impressions by Lisa, LLC is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.

 

Payment Information. In ordering products through the Website, by telephone, or otherwise, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. Impressions by Lisa, LLC shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Company, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

 

International Orders. Impressions by Lisa, LLC does not directly sell certain Impressions by Lisa, LLC products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions. While Impressions by Lisa, LLC may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:

(a)You agree that the purchase of any Impressions by Lisa, LLC products by you, as a non-U.S. resident, shall be (i) ex works Impressions by Lisa, LLC facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner;

(c)You hereby expressly authorize and direct Company to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and

(d)You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Impressions by Lisa, LLC facilities in the United States to your foreign shipping address.

 

8.Electronic Communications, Signatures and Agreements

 

The information communicated on the Website constitutes an electronic communication. When you communicate with Impressions by Lisa, LLC through the Website or via other forms of electronic media, such as e-mail, Apps, or social media, you are communicating with Impressions by Lisa, LLC electronically. You agree that Impressions by Lisa, LLC may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Impressions by Lisa, LLC provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

 

You further acknowledge and agree that by clicking on the button labeled "SUBMIT”, “ORDER”, “ORDER NOW”,"DOWNLOAD", "I ACCEPT" or such similar links as may be designated by Impressions by Lisa, LLC, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY Impressions by Lisa, LLC. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

 

9.Communications

 

You acknowledge that telephone calls to or from Impressions by Lisa, LLC may be monitored and recorded and you agree to such monitoring and recording. You verify that any contact information provided to Impressions by Lisa, LLC, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Company. You acknowledge that by voluntarily providing your telephone numbers to Impressions by Lisa, LLC, you expressly agree to be contacted at the telephone numbers you provide.

 

You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of Impressions by Lisa, LLC relating to this Agreement, any purchase or transaction with Impressions by Lisa, LLC, matters related to your account (including debt collection), and promotions regarding Impressions by Lisa, LLC products. These communications may be made by or on behalf of Impressions by Lisa, LLC, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that Impressions by Lisa, LLC will not be responsible for these charges.

 

Impressions by Lisa, LLC may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide Impressions by Lisa, LLC notice within 30 days of any change to your contact information by writing to Impressions by Lisa, LLC.Customer Service, 7050 W. Palmetto Park Road #15-547 Boca Raton, Florida 33433 or by emailing Info@toothbrushtopperz.com or toothbrushtopperz@gmail.com Your consent to this communications provision is not required to make any purchase with Impressions by Lisa, LLC.

 

10.  Links to Third Party Sites; Advertisers.

 

The Company’s may provide you with links or other access to other websites, services, products or content of third parties, including the Other Platforms ("Third Party Sites"). We have no control over, and do not necessarily endorse, any Third-Party Site's services, products or content. You acknowledge and agree that you access such Third-Party Sites at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend that you read the terms of use and privacy policies of each Third-Party Site that you access.

Third Party Transactions. Through your use of the Company’s, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise 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 third party seller or purchaser of such merchandise and services and you, and that you will look solely to such third party to enforce any of your rights  In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party.  We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our Company’s.  ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE COMPANY’S FROM A THIRD PARTY IS PROVIDED SOLEY BY SUCH THIRD PARTY AND NOT BY US.

 

11. Privacy Policy.

You agree to our collection, use and sharing of your information, including personal information, as set forth in our Privacy Policy ("Privacy Policy"). All provisions of the Privacy Policy are incorporated by reference herein.

 

12. Property; Intellectual Property.

 

All content of the Company (including, without limitation, text, graphics, icons, images, clips and software) is protected by copyright, trademark, and other laws. Names, logos, taglines, icons and marks on the Company are the exclusive property of Impressions by Lisa, LLC. and/or one of its affiliates, all rights reserved, and may not be used by you without our prior written permission. Unless otherwise indicated, all other intellectual property appearing on the Company’s is the property of its respective owner. We reserve all rights not expressly granted in and to the Company’s' content and services.

 

13. Termination of Access and/or Account.

 

We may limit, suspend, or terminate your access to the Company’s or Other Platforms (including, without limitation, your account registration and your ability to post User Content), at any time, with or without notice, and with or without cause. We also may refer any information on alleged or actual illegal activities, including your identity, to the proper authorities.  We may also seek an injunction or take other legal action to enforce our rights under these Terms of Use or any applicable law.

 

14. Term.

 

These Terms of Use shall remain in full force and effect while you use or access the Company’s or have an account with the Company’s. See our Privacy Policy.

 

15. Indemnity.

 

You agree to defend, indemnify and hold us, our subsidiaries, affiliates, suppliers, and licensors and each of our respective officers, agents, partners and employees (Impressions by Lisa, LLC. (Toothbrush Topperz®”, “Zazoodle Topperz®”, " "we", "us", "our ") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, issued by any third party due to or arising out of (1) your use of the Company’s in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein) (2) any allegation that any content or other material you have submitted or transmitted to the Company’s infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other rights of any party; and / or (3) your activities or omissions in connection with the Company’s.

 

16. DISCLAIMER OF WARRANTIES.

 

YOUR USE OF THE COMPANY’S IS AT YOUR SOLE RISK.  YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE COMPANY’S.   EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THESE COMPANY’S ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.  WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE COMPANY’S, THEIR CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE COMPANY’S. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

 

17. LIMITATION ON LIABILITY.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES and or EVENTS WILL COMPANY, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.

 

18.Indemnification

 

You agree to indemnify and hold the Released Parties, together with their respective co-branders if applicable, and suppliers, harmless from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to Company that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.

 

19.Termination of Website

 

You agree that Impressions by Lisa, LLC. may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason that Impressions by Lisa, LLC, in its sole discretion, deems appropriate. You further agree that Impressions by Lisa, LLC will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on Impressions by Lisa, LLC’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.

 

20. Governing Law.

 

These Terms of Use and your use of the Company’s will be governed by federal and Florida law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the Company’s.


21.Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver

 

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.

 

YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

 

Generally, Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, Company, and/or any involved third party relating to your account, Your Use, your relationship with Company, or these Terms of Use and Conditions of Purchase. This includes any and all claims that relate in any way to your use of the products, your attempted use of the products, and any act or omission by Company or any third party related to your use or attempted use of the products. You, Company, or any involved third party may pursue a Claim. Company agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against Company. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Exceptions to Binding Arbitration. As an exception to binding arbitration, you and Company both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. Company will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Company, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to Impressions by Lisa, LLC., 7050 W. Palmetto Park Road #15-547 Boca Raton, Florida 33434, Attention: Compliance Department. You agree to negotiate with Company in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Company’s receipt of your written dispute, you agree to the dispute resolution provisions below.

Commencement of Arbitration. You and Company agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.

Arbitration Location. The parties agree that arbitration will be conducted in the Southern District of Florida. It may be held by telephone or through written submissions if both you and Company agree.

Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.

The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms of Use and Conditions of Purchase and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Company.

 

Arbitration Fees. Each party shall pay for their respective filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Although Company may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, Company agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.

Enforceability. This provision survives termination of your account or relationship with Company, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and Company and shall not be modified except in writing by Company.

Amendments. Company reserves the right to amend this arbitration provision at any time. Your continued use of the Company Website, purchase of a Company product, or use or attempted use of a Company product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Company will provide you notice and an opportunity to opt-out. Your continued use of any Company Website, purchase of a Company product, or use or attempted use of a Company product, is affirmation of your consent to such material changes.

 

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A COMPANY PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO THE IMPRESSIONS BY LISA, LLC, 7050 W. Palmetto Park Road #15-547 Boca Raton, Florida 33433; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF COMPANY PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.

 

22.Exclusive Venue for Other Controversies

 

You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Southern District of Florida, Palm Beach County, Florida, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

 

23.Remedies for Company

 

In order to avoid irreparable injury to Company, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Company from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

 

24.Modifications to the Agreement

 

Company may make changes to these Terms of Use and Conditions of Purchase, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms of Use and Conditions of Purchase constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.

 

25.Trademark Notices

 

Toothbrush Topperz® and Zazoodle Topperz are trademarks of Impressions by Lisa, LLC. All other trademarks and service marks displayed on the Website are the property of Impressions by Lisa, LLC or their respective owners. You may not use or display any trademarks or service marks owned by Impressions by Lisa, LLC without prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.

 

26.Copyright Policy, Digital Millennium Copyright Act

 

It is Company’s policy to respect the copyright and intellectual property rights of others. Company may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Company may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Company complies with the Digital Millennium Copyright Act.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Company with the following information:

 

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.

3. A description of where the material that you claim is infringing is located on the Website.

4.Your address, telephone number, and e-mail 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 (e.g., notarized affidavit), 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 as follows: “I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”

Please direct inquiries regarding infringement issues with subject “Copyright” by email to: info@toothbrushtopperz.com

 

27.Company Code of Conduct

 

Company aspires to protect its brands and bring quality products and exceptional consumer experience to its customers. One way we seek to accomplish such continuous improvement is to ensure fair and ethical workplace standards in all facets.

 

28.Other Important Terms

 

Company may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Company. No delay by Company in exercising any right or remedy under these Terms of Use and Conditions of Purchase shall operate as a waiver of that right or remedy or shall affect Company’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Company in writing. These Terms of Use and Conditions of Purchase supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

 

29. Miscellaneous.

 

We may give you notice of certain events from time to time. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Company’s or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use and your account on the Company’s are personal to you and may not be transferred or assigned. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company’s or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is deemed to be illegal, invalid, void or for any reason unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable.  These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including the Privacy Policy and/or additional terms applicable to various parts of the Company’s), constitute the entire understanding between you and us. For the avoidance of doubt, these Terms of Use apply solely to the extent permitted by law.

 

30. Contact Information.

 

Impressions by Lisa, LLC. 7050 W Palmetto Pk Rd Suite 15-547 Boca Raton, Florida 33433

 

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