TERMS AND CONDITIONS OF USE
Welcome to Liquidsmile.com If you visit or shop at Liquidsmile.com, you accept these conditions and are subject to these guidelines.
Copyright and Trademark Notice. This site is owned and operated by liquidsmile.com and Liquid Smile Holdings. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Liquid Smile Holdings, LLC. ALL RIGHTS RESERVED. All audio and video clips are the sole property of Liquidsmile.com or its respective content providers. All software used on the site is the sole property of liquidsmile.com or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without liquidsmile.com’s written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of liquidsmile.com, or Liquid Smile Holdings, LLC, or are used with permission. All other trademarks or service marks are property of their respective owners. The use of any Liquid Smile or liquidsmile.com trademark or service mark without their express written consent is strictly prohibited.
Disclaimer and Limitation of Liability as to Shipping Errors Although we work very hard to prevent errors when filling orders, mistakes may occur. When we do ship the wrong product to you or fail to ship a product in a package, our procedure and policy for resolving the problem is as follows. Liquidsmile.com will verify that an item has been left out of a package by repacking the original order and comparing what the weight should have been to the actual weight shipped. If we can clearly see that an item was left out of the box, we will ship the item to you at no charge using the same shipping method that was originally used on the original order. We will gladly upgrade your service to ensure that it makes it to you on a specific date if you are willing to pay the difference in shipping costs between the new shipping method and the original shipping method.
Disclaimer and Limitation of Liability as to Products Sold Except as expressly stated herein, liquidsmile.com makes no representations or warranties, either express or implied, of any kind with respect to products sold on the liquidsmile.com web site.. Except as expressly stated herein, liquidsmile.com expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to liquidsmile.com, arising from any product sold on the liquidsmile.com web site shall be the price of the product ordered. In no event shall liquidsmile.com, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.
Typographical Errors In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, liquidsmile.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Liquidsmile.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, liquidsmile.com. shall immediately issue a credit to your credit card account in the amount of the charge.
Other brands and Trademarks Throughout this web site product brands of products other than Liquid Smile® may appear. These product brands, names, titles and trademarks belong to their respective companies and are in no way affiliated with liquidsmile.com, Liquid Smile Holdings, LLC, or any of their affiliates.
Order Acceptance Policy Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Liquidsmile.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. Liquidsmile.com reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
All Sales Final All sales are final and all products sold by liquidsmile.com are sold in new condition to the buyer. Any damages due to transit/shipping must be reported to the shipping company. Any items that are rejected by customers and sent back to us will not be accepted, unless it is approved by liquidsmile.com beforehand. Prices may change without notice. Credit card cancellation transactions are subject to a $20 cancellation fee.
Acceptable Forms of Payment Following are the only acceptable payment methods for products purchased on liquidsmile.com: Visa, Master Card, Discover, and American Express only. Products will be shipped within 48 hours of credit card approval. Credit Cards will not be charged unless product is in inventory and is ready to be shipped within 48 hours.
Sales Taxes Liquidsmile.com shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the state of Washington. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
Service and Support All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
Jurisdiction and Venue You agree that any legal action brought against liquidsmile.com shall be governed by the laws of the State of Washington without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the liquidsmile.com shall be an appropriate federal or state court located in the state of Washington.
Privacy Policy Liquidsmile.com takes your privacy very seriously. We are dedicated to protecting all of your personal information and take precautions to secure your account information.Liquidsmile.com automatically collects anonymous information about usage of our websites. When you register with us, you voluntarily provide us with names, addresses, phone numbers, e-mail addresses, and other demographic information.Liquidsmile.com appreciates your trust and will not share or sell this information with companies not affiliated with ours. Liquidsmile.com will only share the information collected with its subsidiaries and affiliates, for the sole purpose of announcing products, sales, and events that we feel may interest you based on the information you have provided. You may at any time opt-out of receiving further communications via e-mail at any time. When you receive an e-mail from us, there is a link at the bottom of each one that reads, "Click here to change or remove your subscription." Simply click that link and you uncheck yourself from the lists presented to you. Note that you may be added again to our e-mail list if you subsequently participate in other promotions or submit further personal information on our website. From time to time, we may modify our Privacy Policy. Such modifications will be effective on the date that we post the modified policy on our website.
MAPP POLICY
LIQUID SMILE Minimum Advertised Pricing Policy (MAPP)
LIQUID SMILE Corporation actively supports the advertising and promotion of its products by its domestic dealers and distributors through materials provided by LIQUID SMILE at no or nominal cost. We at LIQUID SMILE have determined that we shall not support advertising, cooperative advertising or promotional materials that have the effect of diminishing or detracting from the perceived value of LIQUID SMILE products.
Effective October 1, 2003, a minimum advertised price (MAPP) on all LIQUID SMILE products has been in effect. This policy applies only to U.S. and Canadian dealers and distributors. We have implemented this MAPP policy to preserve our strong reputation for providing customers with high value products and good after sales support. We greatly value the efforts of all resellers to distribute our products and support their customers.
The MAPP policy shall work under the following guidelines:
1) The MAPP for all LIQUID SMILE products shall be the MSRP listed on website www.liquidsmile.com for dealers and distributors. MAPP pricing is established by LIQUID SMILE and may be adjusted by LIQUID SMILE at its sole discretion.
2) The MAPP policy applies to all advertisements of LIQUID SMILE products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email newsletters, email solicitations, internet or similar electronic media, television, radio, and public signage. The MAPP policy is not applicable to any in-office advertising that is displayed only in the office and not distributed to any customer(s).
3) The inclusion in advertising of free or discounted products (whether made by LIQUID SMILE or another manufacturer) with a product covered by the MAPP policy would be contrary to the policy if it has the effect of discounting the advertised price of the covered product below the MAPP.
4) If pricing is displayed, any strike-through or other alteration of the Minimum Advertised Price is prohibited.
5) MAPP applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the dealer’s retail location or over the telephone. LIQUID SMILE dealers and distributors remain free to sell these products at any prices they choose.
6) MAPP does not establish maximum advertised prices. All dealers and distributors may offer LIQUID SMILE products at any price in excess of the MAPP. Internet auctions may not display or have reserved bid or other acceptable prices below the MAPP price.
7) LIQUID SMILE’s MAPP policy does not in any way limit the ability of any dealer to advertise that “they have the lowest prices” or, they “will meet or beat any competitors price”, that consumers should “call for a price” or phrases of similar import as long as the price advertised or listed for the products is not less than MAPP.
8) From time to time LIQUID SMILE may discontinue flavors or engage in promotions with respect to certain products. In such events, LIQUID SMILE reserves the right to modify or suspend the MAPP with respect to the affected products by notifying all dealers of such change. LIQUID SMILE further reserves the right to adjust the MAPP with respect to all or certain products at its sole discretion. Such changes shall apply equally to all LIQUID SMILE dealers and distributors.
9) Intentional or repeated failure to abide by this policy will result in termination of dealership or distributorship. LIQUID SMILE does not intend to do business with dealers or distributors who degrade the image of LIQUID SMILE and its products. LIQUID SMILE will not provide prior notice or issue warnings before taking any action under this policy.