Terms of Service

1. Business and Professional Use

Elite Orthodontic Supplies sells orthodontic and dental supply products primarily for dental offices, orthodontic offices, dental professionals, authorized office staff, dental groups, laboratories, and other qualified business purchasers.

By using our website or placing an order, you represent and warrant that:

• You are at least 18 years old.
• You have authority to place the order and bind the person, office, practice, business, or entity on whose behalf you are acting.
• All information you provide is accurate, complete, current, and not misleading.
• You will use purchased products only for lawful, professional, and appropriate purposes.
• You will comply with all applicable laws, rules, regulations, licenses, permits, professional standards, infection control requirements, sterilization requirements, manufacturer instructions, and workplace safety obligations.
• You will not purchase, use, resell, divert, export, relabel, repackage, modify, or distribute products in any unlawful, unsafe, misleading, unauthorized, or improper manner.

We may refuse, cancel, delay, hold, limit, or modify any order if we cannot verify the buyer, office, payment, shipping details, purchasing authority, product eligibility, or lawful intended use.

2. No Medical, Dental, Orthodontic, or Clinical Advice

Our website may include product descriptions, specifications, images, categories, instructions, recommendations, educational content, marketing content, videos, articles, or other information.

All such information is provided for general product and business reference only. Nothing on our website is medical, dental, orthodontic, clinical, regulatory, legal, or professional advice.

You are solely responsible for determining whether any product is appropriate for your office, staff, equipment, patients, procedures, jurisdiction, treatment philosophy, and intended use.

Product information on our website is not a substitute for professional training, clinical judgment, manufacturer instructions, patient specific diagnosis, patient specific treatment planning, or the applicable standard of care.

3. Product Use and Safety

You are solely responsible for inspecting all products before use.

You agree not to use any product that appears damaged, contaminated, expired, opened, defective, mislabeled, inconsistent with your order, unsafe, or unsuitable for its intended use.

Unless a product is expressly labeled as sterile, ready for use, single use, reusable, or patient ready, you must not assume that status. You are responsible for cleaning, disinfecting, sterilizing, storing, handling, and using products in accordance with applicable law, manufacturer instructions, professional standards, office protocols, and infection control requirements.

We are not responsible for clinical decisions, patient outcomes, treatment delays, bond failures, product misuse, improper sterilization, improper storage, improper handling, improper technique, equipment incompatibility, allergic reactions, staff error, patient misuse, or failure to follow applicable instructions.

4. Accounts and Security

You may be required to create an account to access certain features, order history, pricing, saved information, or checkout options.

You are responsible for maintaining the confidentiality of your username, password, account access, and purchasing authority. You are responsible for all activity that occurs under your account.

You agree to provide accurate and complete account information and to update it when necessary.

We are not responsible for losses caused by unauthorized account access unless required by law. You must notify us promptly if you believe your account has been accessed or used without authorization.

For account issues, email Eliteorthosupplies@gmail.com. Please include "Account Question" in the subject line.

5. Orders and Acceptance

All orders are offers to purchase products. We reserve the right to accept, reject, cancel, limit, delay, split, hold, or modify any order at any time for any lawful reason.

Reasons may include inventory shortages, supplier issues, pricing errors, product description errors, payment issues, fraud concerns, shipping restrictions, regulatory concerns, professional verification concerns, account issues, excessive quantities, suspected resale or diversion, or violation of these Terms.

An order confirmation, automated email, checkout confirmation, or payment authorization does not guarantee that an order has been accepted or will be fulfilled.

We may require additional verification before fulfilling an order.

6. Pricing, Promotions, and Availability

Prices, product availability, promotions, discounts, product descriptions, images, specifications, shipping rates, and offers may change at any time without notice.

We make reasonable efforts to provide accurate information, but errors may occur. If a price, promotion, image, description, shipping rate, availability status, quantity, or specification is inaccurate, we may cancel, correct, or adjust the order, even after checkout or payment authorization.

Promotions, discounts, coupon codes, credits, samples, bundles, gifts, and special offers are subject to the terms stated with the offer. We may modify, limit, suspend, or discontinue any promotion at any time. Promotions have no cash value and may not be combined unless we expressly allow it.

7. Payment

You agree to pay all charges associated with your order, including product price, taxes, shipping, handling, insurance, customs charges, and any other applicable fees.

Payments may be processed by third party payment providers. By submitting payment information, you represent that you are authorized to use the payment method.

We may cancel, delay, or hold an order if payment is declined, reversed, disputed, flagged, suspected to be fraudulent, or otherwise not completed.

You agree not to initiate an improper chargeback or payment dispute. If you believe there is a billing issue, you must first contact us so we can review and attempt to resolve the issue.

For billing issues, email Eliteorthosupplies@gmail.com. Please include "Billing Dispute" or "Order Issue" in the subject line.

8. Taxes

You are responsible for all applicable taxes, duties, customs charges, assessments, and government fees related to your purchase, except taxes based solely on our income.

If you claim tax exempt status, you must provide valid documentation before or during the order process. We may reject or revoke tax exempt treatment if documentation is incomplete, invalid, expired, or not applicable.

9. Shipping and Delivery

Shipping dates, delivery dates, and transit times are estimates only. We are not responsible for delays caused by carriers, suppliers, inventory shortages, weather, customs, address errors, payment issues, force majeure events, or other circumstances outside our reasonable control.

You are responsible for providing accurate shipping information and ensuring that the delivery location can receive packages safely.

Additional charges may apply for returned packages, incorrect addresses, address corrections, reshipments, refused deliveries, failed delivery attempts, or special handling.

Risk of loss passes to you when the order is delivered to the carrier, except where applicable law requires otherwise. Title passes to you when full payment is received and the product is transferred to the carrier or delivered, as applicable.

You must inspect shipments promptly. Claims for missing items, damaged items, incorrect items, or delivery issues must be submitted within 5 business days after delivery, unless a longer period is required by law.

For shipping issues, email Eliteorthosupplies@gmail.com. Please include "Shipping Issue" or "Order Issue" in the subject line.

10. Returns, Refunds, and Exchanges

Returns, refunds, exchanges, credits, replacements, and cancellations are governed by our posted Return Policy, Shipping Policy, product specific terms, and any written instructions we provide.

We may refuse returns for opened, used, damaged, altered, expired, custom, special order, discontinued, clearance, hygiene sensitive, sterile, infection control sensitive, or nonresalable products, except where required by law or expressly approved by us in writing.

Refunds may be issued to the original payment method, store credit, replacement, or another method selected by us, unless law requires otherwise.

Shipping, handling, insurance, expedited shipping, and other service charges may be non refundable unless we state otherwise.

For return requests, email Eliteorthosupplies@gmail.com. Please include "Return Request" and your order number in the subject line.

11. Product Descriptions, Images, and Specifications

We try to display products accurately, but product images, colors, packaging, dimensions, quantities, labels, and details may vary due to manufacturer changes, supplier changes, screen settings, photography, inventory updates, or listing errors.

You are responsible for reviewing the product name, quantity, size, prescription, slot size, position, material, compatibility, and intended use before ordering.

We do not guarantee that product descriptions, images, specifications, availability, or other content are complete, current, accurate, or error free.

12. Product Compatibility

You are solely responsible for confirming that products are compatible with your systems, instruments, supplies, bonding protocols, sterilization systems, inventory, technique, procedures, staff training, and intended use.

We are not responsible for compatibility issues, technique issues, treatment outcomes, chair time, delays, product selection errors, improper handling, improper storage, improper sterilization, improper use, or failure to follow applicable instructions.

13. Recalls and Product Notices

If we become aware of a product recall, correction, safety notice, or important product update affecting products purchased from us, we may attempt to notify affected customers using available contact information.

You are responsible for monitoring manufacturer notices, regulatory alerts, product expiration dates, product labeling, professional guidance, and your own inventory.

You agree to cooperate with reasonable recall, correction, or safety related instructions.

14. Resale, Diversion, Relabeling, and Export

Products may not be resold, exported, diverted, relabeled, repackaged, modified, transferred, or distributed in violation of law, manufacturer restrictions, product labeling, intellectual property rights, or these Terms.

You are responsible for compliance with all export control laws, import laws, customs laws, sanctions rules, destination restrictions, and professional regulations.

We may refuse, cancel, or restrict orders that appear to involve prohibited resale, diversion, export, relabeling, repackaging, unauthorized distribution, or unlawful use.

15. Intellectual Property

Our website and content, including text, images, graphics, logos, icons, videos, product presentation, layout, design, code, trademarks, trade names, product organization, and other materials, are owned by us or our licensors and are protected by intellectual property laws.

You may use our website only for lawful purchasing and business evaluation purposes.

You may not copy, reproduce, modify, distribute, scrape, publish, mirror, sell, exploit, or use our website content for commercial purposes without our prior written consent.

You may not use our name, logo, branding, product images, website content, or trademarks in a way that suggests sponsorship, endorsement, affiliation, resale authorization, partnership, or approval without written permission.

16. Reviews, Feedback, and Submissions

If you submit reviews, comments, photos, messages, suggestions, feedback, questions, or other content, you grant us a worldwide, royalty free, transferable, sublicensable, perpetual license to use, reproduce, publish, display, edit, distribute, and create derivative works from that content for business, marketing, customer service, product improvement, and legal purposes.

You represent that your submitted content is accurate, lawful, not misleading, does not violate third party rights, and does not contain patient health information unless properly authorized and legally permitted.

We may remove, edit, reject, or disable any submitted content at any time.

17. Prohibited Conduct

You agree not to:

• Use our website or products for unlawful, fraudulent, abusive, misleading, unsafe, or harmful purposes.
• Misrepresent your identity, office, professional status, purchasing authority, payment information, billing information, or shipping information.
• Interfere with website security, website performance, checkout, payment processing, inventory systems, account systems, or fraud prevention tools.
• Use bots, crawlers, scrapers, automated tools, or data extraction methods without written permission.
• Copy product listings, website content, images, pricing, descriptions, or catalog organization for competitive or commercial purposes without written permission.
• Use our website content to train artificial intelligence systems, build competing databases, create product catalogs, or develop competing services without written permission.
• Attempt to bypass pricing controls, access controls, account restrictions, order limits, fraud screening, or geographic restrictions.
• Upload malware, harmful code, spam, false information, or content that violates law or third party rights.
• Purchase, use, resell, divert, export, relabel, repackage, or distribute products in violation of law, professional standards, manufacturer instructions, or these Terms.

18. Third Party Services

Our website may rely on third party services for ecommerce hosting, checkout, payments, fraud screening, shipping, analytics, advertising, email, customer support, reviews, financing, and other functions.

We are not responsible for third party websites, services, policies, practices, acts, omissions, errors, downtime, breaches, fees, or disputes.

Your use of third party services may be subject to their own terms and policies.

19. Privacy

Your use of our website is also governed by our Privacy Policy. By using our website, you acknowledge that we collect, use, disclose, retain, and protect information as described in that policy.

20. Disclaimers

To the fullest extent permitted by law, our website, services, content, products, product information, product images, and related materials are provided "as is" and "as available," without warranties of any kind except warranties that cannot be excluded by law or warranties expressly provided in writing by us or the applicable manufacturer.

We disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non infringement, accuracy, availability, compatibility, uninterrupted operation, and error free operation.

We do not warrant that our website will be secure, uninterrupted, current, accurate, complete, free of harmful code, or available at any particular time.

We do not warrant any clinical, orthodontic, dental, financial, operational, or business outcome from use of any product.

21. Limitation of Liability

To the fullest extent permitted by law, Elite Orthodontic Supplies, Ortho Smile Supply Inc., and their owners, officers, directors, employees, contractors, suppliers, service providers, affiliates, successors, and assigns will not be liable for indirect, incidental, consequential, special, exemplary, punitive, enhanced, or similar damages, including lost profits, lost revenue, loss of goodwill, business interruption, substitute goods, clinical delays, patient claims, loss of data, chargebacks, or reputational harm, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for any claim related to our website, products, services, order, communications, or these Terms will not exceed the amount you paid to us for the specific product or order giving rise to the claim.

Some jurisdictions do not allow certain limitations, so some limitations may not apply to you. In that case, liability is limited to the maximum extent permitted by law.

22. Indemnification

You agree to defend, indemnify, and hold harmless Elite Orthodontic Supplies, Ortho Smile Supply Inc., and their owners, officers, directors, employees, contractors, suppliers, service providers, affiliates, successors, and assigns from and against any claims, demands, damages, losses, liabilities, costs, expenses, fines, penalties, and attorney fees arising out of or related to:

• Your use or misuse of our website or products.
• Your violation of these Terms.
• Your violation of law, regulation, professional standard, manufacturer instruction, or third party right.
• Your clinical decisions, treatment, patient care, sterilization, infection control, storage, handling, product selection, product modification, or product application.
• Your unauthorized resale, diversion, export, relabeling, repackaging, or distribution.
• Your account activity, payment disputes, chargebacks, fraud, or unauthorized use.
• Any content or information you submit to us.

23. Informal Dispute Resolution

Before filing any claim, you agree to contact us and attempt to resolve the matter informally.

Email Eliteorthosupplies@gmail.com. Please include "Legal Notice," "Order Issue," "Product Concern," or "Billing Dispute" in the subject line, depending on the issue.

Your notice must describe the issue, requested relief, order number if applicable, and your contact information. We will make a reasonable effort to resolve the dispute.

If the dispute is not resolved within 30 days, either party may proceed as described below.

24. Binding Arbitration and Class Action Waiver

To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to our website, products, services, orders, communications, or these Terms will be resolved by binding individual arbitration, not in court, except that either party may bring an individual claim in small claims court if eligible.

The arbitration will be conducted by the American Arbitration Association under the rules applicable to the nature of the dispute. For business customer disputes, the Commercial Arbitration Rules may apply.

The arbitration will take place in Los Angeles County, California, unless the parties agree otherwise or the arbitrator permits remote proceedings.

You and we waive the right to a jury trial.

You and we agree that claims may be brought only on an individual basis and not as a class action, collective action, mass action, private attorney general action, or representative action, except where such waiver is prohibited by law.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that individual claim.

25. Governing Law and Venue

These Terms and any dispute are governed by the laws of the State of California, without regard to conflict of law principles, and by the Federal Arbitration Act where applicable.

If any claim is permitted to proceed in court rather than arbitration, the claim must be brought in the state or federal courts located in Los Angeles County, California, unless applicable law requires otherwise.

26. Time Limit for Claims

To the fullest extent permitted by law, any claim related to our website, products, services, orders, communications, or these Terms must be brought within one year after the claim arises. Claims filed after that period are permanently barred.

27. Force Majeure

We are not liable for delay, failure, interruption, or nonperformance caused by events outside our reasonable control, including acts of God, weather, fire, flood, epidemic, pandemic, labor disruption, carrier delay, supplier delay, product shortage, cyberattack, power failure, internet failure, government action, customs delay, war, terrorism, civil unrest, equipment failure, or other events beyond our control.

28. Changes to Website, Products, and Terms

We may update, modify, suspend, or discontinue our website, products, prices, promotions, features, policies, or these Terms at any time.

The updated Terms will be posted on our website with a revised effective date. Your continued use of our website after updated Terms are posted means you accept the updated Terms.

29. Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent.

We may assign or transfer our rights and obligations at any time, including in connection with a merger, acquisition, sale of assets, financing, restructuring, corporate transaction, or transfer of business operations.

30. Severability

If any part of these Terms is found invalid, unlawful, or unenforceable, the remaining provisions will remain in effect.

The invalid provision will be modified or limited to the minimum extent necessary to make it enforceable, unless prohibited by law.

31. No Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce that provision later.

A waiver must be in writing and signed by an authorized representative of Ortho Smile Supply Inc.

32. Entire Agreement

These Terms, together with our Privacy Policy, Return Policy, Shipping Policy, product specific terms, checkout terms, and any written terms accepted by us, make up the entire agreement between you and us regarding our website, products, services, orders, and communications.

33. Contact Us

Questions about these Terms, orders, returns, disputes, account issues, product concerns, billing issues, or legal notices should be sent to:

Ortho Smile Supply Inc. DBA Elite Orthodontic Supplies Attn: Legal Department Email: Eliteorthosupplies@gmail.com

Please include the relevant topic in the subject line, such as "Terms of Service Question," "Order Issue," "Return Request," "Product Concern," "Billing Dispute," or "Legal Notice," so we can route and respond to your message properly.

Mail: Use the business mailing address listed on our Contact page, invoice, or order receipt.