Terms and Conditions of Use
Last updated: October 23, 2012
Welcome to TheraBreath.com. Dr. Harold Katz, LLC and/or its affiliates ("TheraBreath") provide website features and other products and services to you when you visit or shop at TheraBreath.com, or use TheraBreath products or services. TheraBreath provides the TheraBreath Services subject to the following conditions.
By using TheraBreath Services, you agree to these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your use of TheraBreath Services, to understand our practices.
When you use any TheraBreath Service, 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 or through the other TheraBreath Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any TheraBreath Service, or on any TheraBreath product, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of TheraBreath or its content suppliers and is protected by United States and international copyright laws. The compilation of all content included in or made available through any TheraBreath Service is the exclusive property of TheraBreath and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any TheraBreath Service are trademarks or trade dress of TheraBreath in the U.S. and other countries. TheraBreath’s trademarks and trade dress may not be used in connection with any product or service that is not TheraBreath's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TheraBreath. All other trademarks not owned by TheraBreath that appear in any TheraBreath Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TheraBreath.
License and Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, TheraBreath or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the TheraBreath Services. This license does not include any resale or commercial use of any TheraBreath Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any TheraBreath Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by TheraBreath or its licensors, suppliers, publishers, rightsholders, or other content providers. No TheraBreath Service, nor any part of any TheraBreath Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TheraBreath. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TheraBreath without express written consent. You may not use any meta tags or any other "hidden text" utilizing TheraBreath's name or trademarks without the express written consent of TheraBreath. You may not misuse the TheraBreath Services. You may use the TheraBreath Services only as permitted by law. The licenses granted by TheraBreath terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any TheraBreath Service, 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. TheraBreath does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the TheraBreath Services only with involvement of a parent or guardian. TheraBreath reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. TheraBreath reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant TheraBreath a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TheraBreath and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TheraBreath for all claims resulting from content you supply. TheraBreath has the right but not the obligation to monitor and edit or remove any activity or content. TheraBreath takes no responsibility and assumes no liability for any content posted by you or any third party.
TheraBreath respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org
Risk of Loss
All items purchased from TheraBreath 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.
Returns, Refunds and Title
TheraBreath does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, TheraBreath does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.
TheraBreath attempts to be as accurate as possible. However, TheraBreath does not warrant that product descriptions or other content of any TheraBreath Service is accurate, complete, reliable, current, or error-free. If a product offered by TheraBreath itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any TheraBreath Service 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 or Suggested 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 or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's 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 or Suggested Price may be provided by the merchant.
With respect to items sold by TheraBreath, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by TheraBreath 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 generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
Disclaimer of Warranties and Limitation of Liability
THE THERABREATH SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THERABREATH SERVICES ARE PROVIDED BY THERABREATH ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THERABREATH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE THERABREATH SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THERABREATH SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE THERABREATH SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THERABREATH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERABREATH DOES NOT WARRANT THAT THE THERABREATH SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THERABREATH SERVICES, THERABREATH'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THERABREATH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THERABREATH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY THERABREATH SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY THERABREATH SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
Any dispute or claim relating in any way to your use of any TheraBreath Service, or to any products or services sold or distributed by TheraBreath or through TheraBreath.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at Dr. Harold Katz, LLC, 750 N. Highland Ave. Los Angeles, CA 90038. The arbitration will be conducted by an independent third party. Likewise, TheraBreath will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any TheraBreath Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and TheraBreath.
Site Policies, Modifications, and Severability
Please review our other policies, posted on this site. These policies also govern your use of TheraBreath Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions 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.
Dr. Harold Katz, LLC
750 N. Highland Ave.
Los Angeles, CA 90038