Agreement to Terms of Use

Agreement to Terms of Use
Thank you for visiting the (the ‘Website’). By using this website and the services contained herein, you agree to be bound by the conditions of the Terms of Use Agreement (the ‘Agreement’). If you do not agree with the terms of this Agreement, please exit the Website immediately and disregard the information presented here.
  • Soothing Dental may change, modify, add or remove portions of these Terms of Use at any time and without notice. You should periodically check these Terms of Use for changes and to ensure that you understand the terms upon which you are permitted access.
Your Use of the Website
All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (the ‘Content’), including but not limited to the selection, coordination, arrangement and enhancement of such Content contained herein is owned, controlled or licensed by or to Soothing Dental, and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws.
  • Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Soothing Dental’s express prior written consent.
  • You may not modify, remove, delete, add to, augment, 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, and maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.
Health-related Content
Any health-related Content residing on the Website describes general principles of health care that should not be construed as specific instructions for individual patients. It is not intended as a substitute for a consultation with your physician and should not be used to diagnose or treat a health problem without consulting your physician. It is for reference only and should not be used to determine treatment for specific medical conditions.
  • You should not use the content of the Website for diagnosing, treating, curing or preventing a health problem or prescribing a product. You should carefully read all information provided by the manufacturers of the product or in the product packaging before using any of the product. Always consult your own physician and/or health care professional for advice and treatment.
  • You understand and agree that in no event will Soothing Dental be liable for any decision made or action taken in reliance on the information contained on, or accessible through, the Website. Reliance on any information provided by, or otherwise appearing on the Website is at your own risk.
  • Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new diet, fitness or supplement regimen. If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.
Information You Provide
The collection and/or use of any information you provide while using or visiting the Website is governed by the Privacy Policy and this Agreement. By using the Website you grant Soothing Dental the rights contained therein. In using the Website you may not upload, distribute, or otherwise publish on the Website any information which may be viewed as obscene, defamatory, libelous, threatening, abusive, illegal, an invasion of privacy rights, or otherwise objectionable.
Your Conduct
You must be at least 18 years of age to use the Website. You agree not to interrupt or attempt to interrupt the Website’s operation or any other person’s use of the Website in any way. Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy this Website will not be permitted, including by means of hacking or defacing any portion of this Website, or by engaging in password mining, spamming, flooding or other disruptive activities.
  • You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Soothing Dental or others.
  • You may not in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
  • Soothing Dental reserves the right to suspend or terminate your account if you violate this Agreement. If your violation causes harm to others, you agree to indemnify and hold Soothing Dental harmless from and against any and all loss, damage, or expense. If any dispute arises between us regarding this Agreement or your use of the Website, it shall be resolved through good faith negotiations between the parties.
Accounts, Passwords and Security
Certain information or services offered on or through this Website may require you to create an account (including setting up a User ID and password). You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access this Website using your account or User ID. Soothing Dental cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
  • For your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of this Website.
  • Because any termination of your access to the Website may be effected without prior notice, you 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 this Website. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or this Website.
  • By using the Website, you also acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
  • Your account Information and certain other information about you is subject to our Privacy Policy.
I certify that I entered my own information and give permission to be contacted at the email address and/or phone number provided by autodialed calls/text messages and/or pre-recorded messages, by Soothing Dental, about healthcare and consumer products/services, regardless my status on any State or Federal Do Not Call list. I understand consent is not a condition of purchase. Messaging and data rates may apply from your mobile carrier.
Prescription Transfers and Requests
By finishing the online signup process and adding your payment method, you give Soothing Dental consent to transfer your prescriptions from your existing pharmacy(s) and/or reach out to your prescriber(s) for new prescriptions.
Soothing Dental does not promise that the Website or any Content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and its Content are delivered on an ‘as-is’ and ‘as-available’ basis, without representations or warranties of any kind. Soothing Dental cannot ensure that any files or other data you download from the Website will be free of viruses or contamination or destructive features.
  • Soothing Dental disclaims all express or implied representations and warranties regarding the information, services, products, materials and any other resources available on or accessible through this Website, including any warranties of accuracy, title, non-infringement, merchantability and fitness for a particular purpose.
  • Soothing Dental disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website and/or any Soothing Dental services. You assume total responsibility for your use of the Website and any linked sites. Your sole remedy against Soothing Dental for dissatisfaction with the Website or any Content is to stop using the Website or any such Content. This limitation of relief is a part of the bargain between the parties.
  • The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of or use, whether for breach of contract, tort, negligence or any other cause of action.
  • Soothing Dental reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (ii) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (iii) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction or other changes.
Limitations of Liability
In no event will Soothing Dental be liable for any indirect, punitive, incidental, exemplary or consequential damages, including for loss of profits, good will, use, data or other intangible losses that result from (i) the use of or inability to use the website, (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 entered into through or from the Website; (iii) unauthorized access to or alteration of your transmissions or data on the Website; (iv) statements or conduct of any third party on the Website; or (v) any other matter relating to the Website, whether in contract, negligence or other tortious action, even if Soothing Dental has been advised of or should have known of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of liability for incidental or consequential damages, such limitation shall not be applicable to you.
  • If, notwithstanding the other provisions of these Terms of Use, Soothing Dental is found to be liable to you, any liability on the part of Soothing Dental will not exceed the fees paid by the user for the particular information or service provided. Soothing Dental is not liable for the unauthorized use of our Content by any other website.
You agree to indemnify and hold Soothing Dental, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Soothing Dental by any third party due to or arising out of or in connection to your violation of these Terms of Use, or with your use of this Website.
Governing Law
If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms of Use, all of which remain in full force and effect. You agree that all matters, including all disputes, relating to your access to or use of Soothing Dental information or services or of the Website, including its Contents, will be governed by the laws of South Dakota without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for South Dakota . and waive any objection to such jurisdiction or venue.
  • Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Soothing Dental and you arising out of or in connection with your access to or use of Soothing Dental information or services or of the Website, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Feedback and Information
Soothing Dental welcomes your feedback. Any feedback you provide at the Website will be deemed to be non-confidential. Soothing Dental will be free to use such information on an unrestricted basis.
Copyright Infringement Complaints
Soothing Dental respects 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 Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
  • 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
  • identification of the URL or other specific location on the Website where the material that you claim is infringing is located
  • your address, telephone number and e-mail address
  • 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
  • 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.
Our agent for notice of claims of copyright infringement on the Website can be reached by mail as follows:
  • Soothing Dental
  • 450 Sutter St, Suite 2500
  • San Francisco, CA, 94108, USA
General Information
Soothing Dental may elect to monitor areas of the Website by electronic or other means and may disclose any Content, records, submissions 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 Website; 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 to request the removal of such Content from the Website.
  • Soothing Dental’s failure to insist upon strict performance of any provision of these Terms of Use and policies will not be construed as an implicit waiver of any provision or right. These Terms of Use and policies constitute the entire agreement between you and Soothing Dental governing your use of this Website. As stated above, your use of this site is also subject to our Privacy Policy.
  • Soothing Dental has multiple facilities as part of its pharmacy. Soothing Dental reserves the right to process or fill the medication order at any site in compliance with pharmacy regulations. The dispensing pharmacy will always be identified on the prescription label.