Terms of service

Terms of Service

Acceptance of Terms of Service. This is an agreement between BITEKNIGHT ("Company"), the owner and operator of www.biteknight.com (the "Site"), and you ("you" or "You" or “Buyer”), a user of the Site. This agreement governs the use of the Site and any product (“Product” or “product”) transactions that occur on it. By using the Site and/or ordering any products from the Company you acknowledge and agree to these Terms of Service and also the Privacy Policy, which can be found here, and is incorporated by reference. If you choose to not agree with any of these terms, you may not use the Site or make any purchases from the Company. Any order placed on the Site is an agreement to be bound by these terms of service, and an acknowledgement that the following terms and conditions apply to that order.

Changes to Terms of Service
1. Right to Change Terms. The Company reserves the right, in its sole discretion, to change these Terms of Service ("Updated Terms") from time to time.
2. Notice of Updated Terms. Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective. You agree that the Company may notify you of the Updated Terms by posting them on the Site.
3. Acceptance of Updated Terms. Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site.
4. Effective Date of Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
Orders, Payments & Pricing
1. Any order placed on the Site is an acknowledgement of an obligation to pay for the product, though the order is also subject to the Company’s acceptance, which will be confirmed in writing if accepted. The Company may accept or decline the order for any reason, including an inability to secure payment authorization, lack of product availability, shipping restrictions, any other reason determined by the company, or no reason. You can check the status of any order by emailing support@biteknight.com.
2. All fees and product prices are in US dollars. You authorize the Company to charge the payment, including any applicable taxes, for any order via the specified method at the time of ordering for the full amount of that order. The Company will make all reasonable efforts to ensure that accurate and current pricing is reflected on the Site. The Company has the sole authority to establish product prices, and reserves the right to change product prices, though any price changes will not apply to orders already placed.
3. f your order is part of a subscription plan, you authorize the Company to charge the full amount of the subscription service at the then-current subscription price via the payment method specified on the subscription renewal date, on a continual basis until you cancel your subscription.
Delivery and Risk of Loss.
1. All sales are FOB Company’s manufacturing facility or shipment origin. Risk of loss, destruction of or damage to the product is passed to you upon shipment, and you will be fully responsible, and shall hold the Company harmless for and assume all risk of loss, destruction of or damage to any products purchased from the Company.
2. The Company will make its best efforts to meet any estimated delivery schedule, but the Company is not responsible for any delays or failures in delivery of products purchased.
Refunds and Returns
1. All products sold on the Site feature a 30-day money-back guarantee. If you are not satisfied with products purchased on the Site, you may submit a request for a full refund within 30 days of receiving any products ordered on the site. In order to receive a refund, you must return the original product to the Company without excessive damage or wear.
2. If your dissatisfaction is due to issues of fit or comfort, the Company will adjust or remake your product such that these issues are resolved.
Site and Product Use
1. By using the site, you acknowledge that the Company is not a medical service provider and that nothing in the Site should be understood or construed as medical advice, or any form of medical diagnosis, and no information on the site may be used for these purposes. If you have periodontal disease, mobile teeth, loose crowns or other related issues, consult with a licensed dentist before purchasing any products on the site.
Your Account
1. As part of your use of the Site, you may complete a registration process by providing the Company with current, complete, personal and accurate information as prompted by the applicable registration form. You may also choose a password and a user name.
2. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.
3. The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site's security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
4. During the term of this agreement, the Company grants you a limited, non-exclusive, non-transferable license to access the Site for your personal and non-commercial use in accordance with the Terms of Service.
5. You may not engage in any of the following prohibited activities:
  - copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping",
  - using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site,
  - attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Site,
  - taking any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately large load on Site infrastructure,
  - uploading invalid data, viruses, worms, or other software agents through the Site,
  - collecting or harvesting any personally identifiable information, including account names, from the Site,
  - using the Site for any commercial solicitation purposes,
  - impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,
  - interfering with the proper working of the Site,
  - accessing any content on the Site through any technology or means other than those provided or authorized by the Site, or
  - bypassing the measures we may use to prevent or restrict access to the Site, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content.
Intellectual Property Rights
1. The Company retains all intellectual property and proprietary rights in and to the Product, including all technology and information pertaining to the Product. The Site design, trademarks, service marks, and logos of the Site ("Marks"), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Company reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution of any of the Site other than expressly permitted.
Content License
1. By submitting any content or feedback to the Site, including product reviews, you grant the Company a non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Site and the Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels, or to improving the products.
Third Party Content
1. Through the Site, you may have the ability to access and/or use content provided by third parties. The Company cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. The Company disclaims any responsibility or liability related to your access or use of any third party content.
Privacy
1. For information about how the Company collects, uses, and shares your information, please review our Privacy Policy. You agree that, by using the Site, you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of that information (including the transfer of this information to the United States or other countries for the Company's storage, processing, and use).
International Use
1. The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.
Disclaimers
1. The Site and any services or products provided on it are provided "as is," without any warranties of any kind. To the fullest extent permissible under applicable Law, the Company disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
Limitation on Liability
1. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCE, INCLUDING NEGLIGENCE, SHALL BITEKNIGHT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BITEKNIGHT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. EXCEPT AS PROVIDED ABOVE AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF BITEKNIGHT TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCT, RELATED SERVICES, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO BITEKNIGHT FOR ACCESS TO AND USE OF THE SERVICE AND PRODUCTS IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM.
Indemnification
1. You shall indemnify, defend and hold harmless the Company and its collaborators, suppliers and licensors, and their officers, directors, agents, and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest, and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with your use of the Site; your use of any products purchased on the Site; your breach of this agreement; violation of Law; your submission, posting, or transmission of user content to the website; or violation of the rights of a third party.
Governing Law
1. This agreement will be governed, construed, and enforced in accordance with the laws of the State of Tennessee, without regard to its conflict of laws rules. Any action based on or alleging a breach of this agreement must be brought in a state or federal court located in Tennessee. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
Severability
1. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.