Terms & Conditions
Welcome to MyLewie.com. These Terms of Service (“Terms”) govern your access to and use of the MyLewie website, mylewie.com, and any related services or content (collectively, the “Site” or “Service”). The Site is operated by MyLewie (“we”, “us”, or “our”). Throughout these Terms, the words “you” and “your” refer to any person or entity accessing or using the Site.
PLEASE READ THESE TERMS CAREFULLY. By visiting our Site and/or purchasing something from us, you are engaging in our Service and agree to be bound by these Terms, including any additional terms, conditions, or policies referenced herein or available by hyperlink (such as our Privacy Policy and other site policies). If you do not agree to all the terms and conditions, you should not access the website or use any services.
We are an e-commerce store based in the United States, and our Site is intended for users in the U.S. only. Our products include dental floss and teeth whitening items, among other personal care products. Some of these products relate to personal health or cosmetic outcomes; please see the Health & Safety Disclaimer section below for important information.
1. Overview and Acceptance of Terms
Agreement to Terms: By accessing any part of our Site or purchasing products from us, you agree to these Terms of Service. These Terms apply to all users of the Site, including without limitation browsers, customers, merchants, and contributors of content (if any). If you’re just browsing and not making a purchase, you are still bound by applicable sections of these Terms.
Age Eligibility: By using this Site, you represent that you are at least 18 years old or the age of majority in your state of residence. If you are under 18 but at least 13 years old, you may only use our Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Children under 13 are not permitted to use our Site (see our Privacy Policy for more details on children’s data). If you are a parent or guardian, you are responsible for monitoring and supervising your child’s use of the Site. You agree that any minor users will only use the Site with your consent and guidance.
Additional Policies: Please review our Privacy Policy, which describes how we collect and use your personal information. If you purchase products, our Refund/Return Policy (if published on the Site) will outline the terms for returns, refunds, or exchanges. These policies are incorporated into these Terms by reference. By agreeing to these Terms, you also agree to the terms of our Privacy Policy and other posted policies.
Changes to Terms: MyLewie reserves the right to update, change, or replace any part of these Terms of Service at any time. We may not always be able to provide individual notice of changes, so please check this page periodically. The latest version date will be indicated at the top. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. If you do not agree to the revised terms, you must stop using the Site and may cancel any accounts or subscriptions you have with us.
New Features and Future Services: Any new features, tools, products, or services which are added to our Site in the future (for example, if we introduce a subscription program, membership accounts, or a referral program) shall also be subject to these Terms. We may publish additional specific terms for those new features at that time, but unless stated otherwise, these general Terms will also apply.
Entire Agreement: These Terms (along with our Privacy Policy and other policies or terms expressly incorporated herein) constitute the entire agreement between you and MyLewie regarding your use of our Site and purchase of products. They replace any prior agreements or communications (oral or written) regarding the same subject matter. Any ambiguities in interpretation of these Terms shall not be construed against the drafting party (in this case, MyLewie).
2. Online Store Terms
Account Registration: You are not required to create an account to browse our products, but you may have the option to register for an account to save information for future purchases or access certain features. If you create an account, you agree to provide accurate, current, and complete information about yourself. Keep your login credentials confidential; you are responsible for all activities under your account. If you suspect any unauthorized use of your account, notify us immediately. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.
Accurate Information: Whether or not you have an account, when making a purchase or entering information on our Site, you agree to provide true, accurate, and complete information. This includes your payment details, billing and shipping addresses, email, and phone number. You agree to promptly update any account information or order details so that we can complete your transactions and contact you as needed.
Eligibility of Purchase: By placing an order on our Site, you represent and warrant that you have the legal right to use any credit card or payment method you provide, and that all billing information provided is truthful and accurate. We may reject or cancel an order if we believe any information is false, fraudulent, or if the order violates these Terms or any law.
License to Use Site: Subject to your compliance with these Terms, we grant you a limited, non-transferable, non-exclusive license to access and make personal, non-commercial use of our Site. This license does not include any rights to resell products (except with our explicit permission, e.g., if you become an authorized reseller), to scrape or data-mine our content, or to download or modify any part of the Site (except caching or as necessary to view content). We reserve all rights not expressly granted to you.
3. Prohibited Uses and User Conduct
You agree to use the Site only for lawful purposes and in accordance with these Terms. You are prohibited from (must not do) the following:
· Illegal Activities: Using the Site or Service for any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
· Violation of Laws or Regulations: Violating any international, federal, state, or local regulations, rules, or laws applicable to your use of the Site (including, but not limited to, intellectual property laws and consumer protection laws).
· Infringement of Rights: Infringing upon or violating our intellectual property rights or the intellectual property rights of others. This means you must not upload, post, or transmit any content that you do not have the right to use (e.g., images, text or logos owned by someone else).
· Harmful or Harassing Behavior: Harassing, abusing, insulting, harming, defaming, libeling, slandering, or intimidating others, including our employees, customers, or other users. Hate speech, discrimination, or any form of abusive content toward any group or individual is strictly prohibited.
· False Information: Submitting false or misleading information, whether in your account, in an order, or in any communications with us (e.g., impersonating someone else or misrepresenting your identity).
· Malicious Code: Uploading or transmitting any virus, worm, malware, or any other destructive code or technology that could affect the functionality or security of the Site, other websites, or the Internet. You must not attempt to gain unauthorized access to our servers or systems or engage in any activity that disrupts or interferes with the performance of the Site.
· Spamming and Scraping: Using the Site to spam, phish, pharm, pretext, spider, crawl, or scrape. In particular, automated means (bots, scripts, crawlers) to access or collect data from the Site without our permission is prohibited.
· Commercial Exploitation: Using the Site or any content on the Site for any commercial purpose without our express written consent. This includes the systematic retrieval of data or content to create a collection, compilation, database, or directory.
· Unauthorized Access: Attempting to circumvent any security measures or authentication measures on the Site, or attempting to probe, scan or test the vulnerability of any of our systems.
· Any Other Harmful Interference: Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm MyLewie or users of the Site, or expose them to liability.
Consequences of Violations: Any violation of the above prohibitions is grounds for termination of your right to use or access the Site (see Termination below). We reserve the right to refuse service, cancel accounts or orders, or take legal action (including civil claims and/or reporting to law enforcement) for any violations of these Terms.
4. Products and Orders
Product Information and Availability
We strive to display our products as accurately as possible. This includes descriptions, pricing, and images:
· Product Descriptions: We attempt to ensure that product descriptions and specifications (such as size, ingredients, materials, etc.) are accurate and complete. However, we do not warrant that all content is error-free or up-to-date. For example, packaging might change, or there may be typos. If a product you receive is significantly not as described, you may be eligible for a return or exchange (see Returns and Refunds below).
· Product Images: Product colors and images on the Site are for illustrative purposes. We cannot guarantee that your computer or device’s display of colors will be accurate. The actual product may vary slightly (especially in color) from images due to photography or screen differences.
· Availability: All products listed on our Site are subject to availability. We reserve the right to limit the quantities of any products or services that we offer. We may also discontinue any product at any time. If a product you ordered is out of stock or discontinued after your order, we will notify you and may offer an alternative or a refund.
Pricing and Modifications
· Pricing: Prices for our products are listed in U.S. dollars (USD) and are subject to change without notice. We might occasionally have sales or promotions; the price applicable is the one at the time you place your order (plus any applicable taxes and shipping).
· Errors in Pricing or Information: We are not responsible if information made available on this Site is not accurate, complete, or current. In the case of a pricing error or an error in product details, we reserve the right to cancel or refuse any orders placed for the product affected by the error, whether or not the order has been confirmed and your payment processed. If your payment has already been processed and we cancel the order, we will issue a refund for the amount paid.
· Modifications to Service: We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice. This includes changing or removing features, products, or services offered. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Placing Orders
When you place an order through our Site:
· Order Process: After adding products to your cart and providing required information at checkout, you will have an opportunity to review and confirm your order (including shipping, payment, and product details). Please check all details carefully.
· Order Confirmation: Once you submit your order, you should receive an order confirmation number and a summary of your order via email. This confirms that we received your order request. However, acceptance of your order occurs only when we have processed payment and shipped the product.
· Right to Refuse or Cancel: We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. For example, if we suspect an order is abnormal or fraudulent (multiple large orders of the same item from a single customer), we might limit that order. If we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing phone number provided at the time of order.
· Multiple Orders and Restrictions: These restrictions on orders can include orders placed by the same account, the same credit card, and/or orders that use the same billing or shipping address. We also reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers or resellers without authorization. If you’re interested in wholesale or large quantities for resale, please contact us separately for possible arrangements.
· Changes to Orders: If you need to change or cancel an order after it’s placed, please contact us immediately. We’ll do our best to accommodate, but if the order is already processed or shipped, changes may not be possible.
Payment Terms
· Payment Methods: We accept various payment methods (e.g., major credit cards like Visa, MasterCard, American Express, Discover, and possibly PayPal, Apple Pay, etc. as indicated at checkout). By providing payment information, you represent that the information is accurate and that you are authorized to use the payment method.
· Charges: You agree to pay the full price for your purchases, including any applicable taxes, shipping fees, or surcharges. Taxes (such as sales tax) will be calculated based on your shipping address and shown at checkout if applicable.
· Billing Information: You must provide current, complete, and accurate billing information. If we cannot process payment with the information provided (e.g., card details are incorrect or funds are insufficient), we may cancel your order. It’s your responsibility to ensure the billing info and contact info you provide is correct so we can process your order and reach you if needed.
· Title and Risk: Ownership of products transfers to you when we ship the item. Risk of loss or damage to the products also passes to you upon handing over to the carrier (for example, once USPS or UPS has possession of the package). We are not responsible for lost or stolen packages after delivery confirmation, but we will try to assist with carrier claims if possible. (Insurance may be included or offered at checkout for certain shipping options.)
· Electronic Receipts: By providing your email during purchase, you consent to receive your receipt and order communications electronically.
Shipping and Delivery
· Shipping Times: We will pack and ship your order in a timely manner. Any estimated delivery dates provided are estimates only, not guarantees. Actual delivery times may vary due to carrier delays, weather, or other factors beyond our control.
· Shipping Address: Please provide a correct and safe delivery address. We are not responsible for packages delivered to an incorrect address provided by you. If a package is returned to us due to an incorrect address or unclaimed, we may contact you for an updated address (additional shipping fees may apply for re-shipment).
· International Shipping: Currently, we operate exclusively in the United States. We do not ship internationally. All orders must be for U.S. addresses.
· Tracking: We generally provide tracking information via email once an order ships. It’s your responsibility to track and secure the package upon delivery. If a package is marked as delivered but you did not receive it, please check with others in your household or neighbors, and contact the carrier. If theft is suspected, let us know – while we cannot take responsibility for stolen packages, we may guide you on possible next steps or replacements at our discretion.
5. Returns and Refunds
Return/Refund Policy: We want you to be satisfied with your purchase. Our policies for returns, exchanges, and refunds are described in our Refund & Return Policy, which is available on our Site (typically linked in the footer or at checkout). That policy is incorporated here by reference and will govern in the event you want to return a product. Key points include (these are examples; please see the actual policy on our Site for details):
· Eligibility criteria for returns (e.g., items must be unused, in original packaging, and returned within a certain number of days from purchase).
· Any non-returnable items (for hygiene reasons, some personal care products like opened teeth whitening gel may not be returnable).
· The process to initiate a return (e.g., contacting customer service for an RMA or using a return portal).
· Who covers return shipping costs (this may depend on the reason for return).
· Refund method and timing once a return is received and processed.
· Exchange or store credit options if applicable.
· If we have a satisfaction guarantee or not on certain products.
Because our Refund & Return Policy may update separately from these Terms, always refer to the latest version of that policy when you need to use it. If a conflict were to arise between these Terms and the specific Refund Policy, the terms of the Refund Policy will likely govern for issues of returns and refunds.
Refused or Lost Packages: If an order is returned to us because it was refused or not picked up, we will treat it according to our return policy (which may mean issuing a refund minus shipping costs, if the product is in sellable condition, etc.). If a package is lost in transit (and tracking never shows delivered), please contact us; we will work with the carrier to locate it or send a replacement/refund per our policy and carrier rules.
6. Intellectual Property and Content
All content on the Site, including but not limited to text, descriptions, graphics, logos, images, product photos, videos, audio clips, downloads, data compilations, and software, is the property of MyLewie or our content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
MyLewie Trademarks: The trademarks, logos, and service marks displayed on our Site (including “MyLewie” and any related graphics, logos, or taglines) are trademarks of MyLewie. You are not permitted to use these trademarks (such as in meta tags or in advertising) without our prior written permission. All other trademarks and logos not owned by MyLewie that appear on the Site (for example, payment processor logos or partner logos) are the property of their respective owners.
Use of Site Content:
· You may electronically copy and print hard copies of pages from this Site solely for your personal, non-commercial use (for example, printing an order confirmation page or product details for reference). Any other use of the Site or its content, including reproduction, distribution, modification, republication, or public display, without our express written permission, is strictly prohibited.
· You must not remove any copyright or proprietary notices from materials you print or download from the Site.
· If you wish to share our content (such as linking to a blog post or sharing product info on social media), you may do so provided you do not modify the content and you attribute it to us when appropriate. However, you may not frame our Site or use any technique to present our content as your own.
User-Generated Content:
· Our Site may allow you to submit reviews, comments, or ratings for products, or to interact in some way (for example, a Q&A section). By submitting any content (such as a product review or testimonial), you agree that:
o The content is your own original work or you have all necessary rights to share it.
o The content is accurate (to your knowledge) and honest, and does not violate anyone’s rights or any laws (e.g., no copyrighted material of others, no defamatory statements).
o We have the right to use, reproduce, publish, and display that content in connection with our business. Specifically, you grant MyLewie a non-exclusive, royalty-free, perpetual, worldwide license to use, modify, reproduce, transmit, publish, display, and distribute your submitted content for any purpose, including promoting our products (for example, using a positive review in our marketing).
o We may moderate, edit, or remove user submissions at our discretion. We are not obligated to use or display any content you submit, and we cannot be responsible for the opinions of other users (for example, review content does not reflect our opinions).
Copyright Infringement (DMCA Policy): If you believe any content on our Site infringes your copyright, please notify us in writing with the following information:
· Identification of the copyrighted work you believe has been infringed.
· Identification of the material on our Site that you claim is infringing (with a URL or description sufficient for us to locate it).
· Your name, address, email, and phone number.
· A statement by you that you have a good faith belief the disputed use is not authorized by the copyright owner or the law.
· A statement that the information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on their behalf.
· Your electronic or physical signature.
We take copyright and IP rights seriously and will promptly investigate notices of alleged infringement. If warranted, we may remove or disable access to the allegedly infringing content and follow applicable legal procedures under the Digital Millennium Copyright Act (DMCA).
7. Health & Safety Disclaimer
No Medical Advice: While our products (dental floss, teeth whitening products, etc.) are related to oral care and personal health, MyLewie does not offer medical or dental advice. Any content on our Site, including product descriptions, articles, FAQs, or customer reviews, is for general informational purposes only and is not a substitute for professional dental or medical advice. Always seek the guidance of a qualified dentist or healthcare professional with any questions you may have regarding your oral health or medical condition.
Use as Directed: Our products should be used in accordance with the instructions provided on the packaging or on our Site. Misuse of dental products can lead to undesirable results or injury. For example, teeth whitening products often contain peroxide agents; leaving them on too long or using them too frequently can cause tooth sensitivity or gum irritation. Always follow instructions carefully. If you have specific conditions (such as cavities, gum disease, braces, or known sensitivity), consult your dentist before using any whitening products or new oral care tools.
Individual Results May Vary: Any testimonials or examples of results (such as “8 shades whiter in 1 week!”) are illustrative and not guaranteed. Your personal results with teeth whitening or other products can differ based on individual factors like the starting shade of your teeth, your diet (coffee, wine intake), oral hygiene routine, or genetic factors. We do not guarantee specific outcomes.
Allergies and Sensitivities: We list ingredient information for products like whitening gels to the best of our ability. However, it is your responsibility to check ingredients for any potential allergies or sensitivities. Discontinue use of any product if you experience adverse effects (such as allergic reaction, excessive sensitivity, bleeding, etc.), and consult a healthcare professional if needed.
Not Intended to Cure or Treat Disease: Our products are intended to promote normal oral hygiene and cosmetic appearance. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition. For instance, our floss helps remove plaque but is not a treatment for gum disease; our whitening products remove certain stains but are not a treatment for underlying dental health issues.
No Doctor-Patient Relationship: Your use of our Site (including correspondence with our support) does not establish any doctor-patient or dentist-patient relationship. Always follow the advice of your personal dentist or doctor over any information you may interpret from our Site. If you have a medical emergency or severe dental pain, seek in-person professional care immediately; do not rely on our products or Site in such situations.
By purchasing and using our products, you agree that you are doing so at your own risk. MyLewie is not liable for any injuries or damages that result from misuse of products or failure to follow appropriate medical/dental advice. Please use common sense and caution, and when in doubt, ask a professional.
8. Disclaimer of Warranties
As-Is Basis: The Site, including all products, services, and content, is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, except as expressly stated by us in writing.
To the fullest extent permitted by law, MyLewie disclaims all warranties (express, implied or statutory) regarding the Site and the products sold through it, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
This means, for example:
· We do not guarantee that the Site will be uninterrupted, timely, secure, or error-free. There may be occasions when the Site is unavailable (for maintenance or due to technical issues) or when errors (typos, inaccuracies) occur.
· We do not warrant that the results that may be obtained from the use of the Site or our products will be accurate or meet your expectations. (For instance, we do not guarantee your teeth will become a certain shade whiter or that using our floss will absolutely prevent cavities – individual outcomes vary.)
· We do not warrant that any defects in the Site or its content will be corrected immediately, though we strive to fix issues as we become aware of them.
· Any reliance on the material on this Site is at your own risk. The material is provided for general information only and should not be the sole basis for making decisions.
Product Warranties: Except for any express guarantees we voluntarily provide for specific products (for example, a statement like “30-day satisfaction guarantee” on a particular product’s page – which, if present, would have its own terms), we make no specific guarantees or warranties about the products sold. However:
· If a product is defective or significantly not as described, your remedy is typically to return it for a replacement or refund under our return policy.
· Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. If implied warranties cannot be disclaimed, we limit their duration to the minimum extent allowed by law.
Third-Party Links and Tools: Our Site might include links to third-party websites or services (for example, a blog post might link to an external dental article, or our Site might allow you to process a payment via a third-party gateway). We do not control these third-party sites and we do not warrant or guarantee anything about them. We provide such links for convenience and do not endorse the content or warrant the accuracy of any information in them. If you leave our Site via a third-party link, you do so at your own risk, and you should read the terms and policies of those third-party sites.
No Advice Warranties: Any advice or information (oral or written) that you obtain from us (for example, through customer service) does not create any warranty not expressly stated in these Terms.
In summary, while we strive to maintain a high-quality site and products, there are circumstances beyond our control, and we provide our site and products without broad warranties. If you are dissatisfied with the Site or our products, your sole remedy (apart from specific return/refund rights) is to stop using the Site or return the product as allowed. We wouldn’t be offering these disclaimers if not allowed by law, so please understand that certain consumer rights remain intact and these disclaimers are only to the extent permitted.
9. Limitation of Liability
To the maximum extent permitted by applicable law, MyLewie and its owners, officers, employees, affiliates, agents, contractors, suppliers, or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from or related to:
· Your use of (or inability to use) the Site;
· Any errors or omissions in the content of the Site;
· Your purchase or use of any products from us;
· Any delays, failures, or interruptions in the delivery of products or services;
· Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Site by any third party;
· Any errors or inaccuracies in transmitting data, or the unauthorized access to or alteration of your transmissions or data;
· Any third-party conduct or content on the Site, including any defamatory, offensive, or illegal conduct of other users or third parties.
This limitation applies even if we have been advised of the possibility of such damages. For example, we will not be liable for:
· Personal injury or property damage resulting from the use of our products beyond the purchase price of the product (and if such injury or damage arises due to misuse or failure to follow instructions, we likely bear no liability as per disclaimers).
· Lost profits, revenue, or savings, loss of data, replacement costs, or any similar damages.
· Emotional distress or inconvenience from using our services or dealing with any service disruptions.
Cap on Liability: In any case, our total cumulative liability to you for any claim arising out of or relating to these Terms or your use of the Site (whether in contract, tort, or otherwise) shall not exceed the amount you paid us for the applicable product or service in the last six (6) months, or one hundred U.S. dollars ($100), whichever is greater. If the claim does not relate to a product purchase (e.g., some issue with site usage), the $100 cap applies as the maximum.
Exceptions: Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not fully apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law. We do not seek to exclude liability for matters that cannot be excluded under law, such as liability for death or personal injury caused by gross negligence or willful misconduct.
Release: You agree that no claims or actions arising out of these Terms or your use of the Site or products (other than claims for payment of amounts due to us) may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. (This means if an issue comes up, you must pursue it in a timely manner.)
10. Indemnification
You agree to indemnify, defend and hold harmless MyLewie and its parent, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, demands, losses, liabilities, damages, judgments, awards, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
· Your use of the Site or purchase/use of products (other than claims that we failed to meet our own obligations),
· Your breach of any provision of these Terms or any policy incorporated by reference (e.g., if you violate the prohibited uses or breach a warranty you made in these Terms),
· Your violation of any law or regulation or the rights of a third party in connection with your use of the Site,
· Any content you submit or actions you take that cause harm to someone else or violate someone’s rights (for example, if you post infringing content in a review and we get sued, or you misuse the product and someone else is harmed and sues us, etc.).
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of that claim. You will not settle any claim covered by this indemnification without our prior written approval, unless the settlement releases us from all liability and does not require us to pay any amount or take any action.
This indemnification obligation shall survive any termination or expiration of these Terms and your use of the Site.
11. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services (such as any sale of products) shall be governed by and construed in accordance with the laws of the State of North Carolina and the federal laws of the United States of America, without regard to its conflict of law principles.
This means that the laws of North Carolina will govern any dispute arising between you and MyLewie related to these Terms or your use of the Site, even if you are located in a different state. If any provision in these Terms is not enforceable under North Carolina law, it shall to the minimum extent be reformed to be enforceable, or else severed (while the rest of the Terms remain valid – see Severability below).
We recognize that consumers in some states might have certain protections or rights under local laws; nothing in this section is intended to deprive you of the protections of the laws of your state of residence which are applicable to you (for instance, if you are a California resident with certain consumer rights, those remain intact). This governing law clause primarily dictates which jurisdiction’s laws will be used to interpret and enforce these Terms.
12. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. It affects your rights by requiring arbitration of disputes (with limited exceptions) and a waiver of class-action claims.
Most customer concerns can be resolved quickly by contacting our customer support (see Contact Information below). However, if there is an issue that needs to be formally addressed, you and MyLewie agree to resolve all disputes arising out of or relating to these Terms or your use of the Site or purchase of products on an individual basis through binding arbitration, as described below.
Informal Resolution
Before initiating arbitration, the aggrieved party (you or MyLewie) should first attempt to resolve the dispute informally for at least 30 days. To begin this process, you must send us a written notice describing your dispute and desired resolution to our contact address (see Contact Information). We will do the same if we have a dispute with you. If we cannot reach an agreement through informal negotiation within 30 days, either party may choose to initiate arbitration.
Arbitration Agreement
· Claims Covered: All disputes, claims, or controversies arising out of or relating to these Terms, the Site, or products you purchase from us shall be finally settled by arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. This includes disputes based on any legal theory (contract, tort, statute, fraud, misrepresentation, etc.) and requests for relief of any type (including monetary, injunctive, or declaratory relief).
· Exceptions: Either party may choose to bring an individual claim in small claims court (if it qualifies) rather than arbitration. Also, this arbitration clause does not prevent you from bringing issues to the attention of federal, state, or local agencies, which can seek relief on your behalf within their jurisdiction (for example, you could contact a consumer protection agency).
· Arbitration Process: The arbitration will be conducted by a single neutral arbitrator, in the English language. If the parties cannot agree on a location, the arbitration will take place in the county of your residence (if in the U.S.) or another mutually agreeable location. Arbitration is less formal than a lawsuit in court; there is no judge or jury, 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 relief or statutory damages).
· Arbitration Fees: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse your portion of the arbitration fees (excluding attorney’s fees) if your claim is for $10,000 or less, unless the arbitrator finds your dispute frivolous or brought in bad faith. For claims above $10,000, AAA rules will govern payment of fees.
· Authority of Arbitrator: The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement (including any claim that all or part of it is void or voidable). The arbitrator can decide dispositive motions (like a motion to dismiss or for summary judgment) and shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
· Opt-Out Right: You have the right to opt out of this arbitration agreement. If you do not wish to be bound by arbitration and class-action waiver, you must notify us in writing within 30 days of first accepting these Terms (which may be the date you first use our Site or purchase from us) either by email or mail (see Contact Information). Your notice must include your name, address, and a clear statement that you want to opt out of the arbitration agreement. If you opt out, disputes will instead be resolved in court as set forth in the Governing Law & Jurisdiction section below. Opting out of this arbitration provision will not affect any other parts of these Terms.
· Class Action Waiver: You and MyLewie agree that any proceedings (whether in arbitration or court) will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You hereby waive your right to participate in any class action, whether as a class representative or class member. If this class action waiver is found to be unenforceable in its entirety, then the entire arbitration agreement in this section shall be null and void (but the rest of the Terms shall remain in effect).
· Jury Trial Waiver: If for any reason a claim proceeds in court rather than in arbitration, you and MyLewie each waive any right to a jury trial, choosing instead to have the dispute resolved by a judge.
Governing Law for Arbitration
This arbitration agreement is governed by the Federal Arbitration Act (FAA) and federal arbitration law. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations or conditions precedent to suit.
Survival
This Dispute Resolution and Arbitration section survives any termination of these Terms or your relationship with MyLewie.
13. Termination
These Terms remain in effect unless and until terminated by either you or us.
· By You: You may terminate these Terms at any time by ceasing all use of our Site and, if you have an account, by deleting or deactivating your account and notifying us that you wish to terminate your relationship (though you don’t have to notify us to simply stop using the Site).
· By Us: We may terminate or suspend your access to our Site (or any part thereof) at any time, without prior notice, if we determine, in our sole judgment, that you have violated any provision of these Terms or any applicable law, or for any other reason we deem appropriate. We may also terminate or suspend the Site entirely as part of a general shutdown. If termination is due to a breach by you, we may cancel any pending orders (with or without refund, depending on the circumstances and our damages).
· Effect of Termination: Upon termination by either party:
o Your right to access and use the Site will immediately cease.
o However, your obligations and liabilities incurred prior to termination (such as payment for an order already placed, or liability for a breach of these Terms) survive. Sections of these Terms that by their nature should survive termination (such as intellectual property rights, disclaimers, limitation of liability, dispute resolution, etc.) will continue to be in effect.
o If you had created an account, we may disable or delete it. We are not obligated to maintain or provide any of your data after termination, except as required by law; please ensure you have saved any needed information prior to termination.
· No Liability for Termination: MyLewie shall not be liable to you or any third-party for any termination of your access to the Site or deletion of your account, provided that we uphold any rights you have (like delivering products you paid for or refunding if appropriate).
If you wish to use the Site again after a termination by us, you will need our permission. We reserve the right to refuse service to anyone re-attempting to use the Site after a termination or ban for violations.
14. Miscellaneous
Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such a determination shall not affect the validity and enforceability of any other remaining provisions.
No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. In other words, if we do not enforce a particular part of these Terms in some instance, it does not mean we waive our right to enforce it in the future.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to others (for example, if there is a merger, acquisition, or sale of assets, or by operation of law) without your consent.
Relationship: No joint venture, partnership, employment, or agency relationship is created between you and MyLewie as a result of these Terms or your use of the Site. You are an independent user of the Site.
Headings: The headings used in these Terms (such as section titles) are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.
Force Majeure: We will not be liable for any delays or failure in performance of any part of the Service (including shipping products or keeping the Site operational) from any cause beyond our control. This includes things like acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
Communications and Notices: When you use our Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically (such as by email, or by notices posted on our Site). You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement as if in writing. If we need to send you a notice, we may send it to the last email or physical address you provided us. You are responsible for keeping your contact info up-to-date.
Contact Information: If you have any questions or comments about these Terms of Service, or need to reach us for any reason, you can contact us at:
· Email: smile@mylewie.com
· Mail: MyLewie – Customer Support
8300 Douglas, Suite 800
Dallas, TX 75225
We value our customers and will do our best to address any issues or concerns you may have. Thank you for reading our Terms of Service and for shopping with MyLewie! We hope you enjoy our dental floss, teeth whitening, and other oral care products, and we appreciate your trust in our small business. If you have any questions about these terms or about our products, please don’t hesitate to reach out.
By using our Site or placing an order, you acknowledge that you have read, understood, and agreed to these Terms of Service. Happy smiling with MyLewie!