Terms of service
PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE.
The Brushmo website (the “Site”) is offered by Brushmo to you and is intended only for consumers wishing to order Brushmo products online (“Products”) for delivery in the contiguous United States of America. As used in these Terms of Use (“Terms”), “You” and “you” includes all parties who use the Site, whether they are acting on their own behalf, or on behalf of any other person or entity. Your use of this Site is conditioned on your acceptance without modification of these Terms and our Privacy Policy. By accessing or using this Site, or by submitting an order for Products, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, do not use this Site.
THESE TERMS INCLUDE A binding arbitration agreement. PLEASE CAREFULLY REVIEW THIS ARBITRATION AGREEMENT IN SECTION X BELOW.
I. PRIVACY
Use of the Site is also subject to the Brushmo Privacy Policy (“Privacy Policy”) at https://brushmo.com/policies/privacy-policy.
II. MODIFICATION OF THESE TERMS OF USE
From time to time, Brushmo may change these Terms. You are responsible for regularly reviewing these Terms. Your continued use of the Site following the posting of changes to the Terms indicates your acceptance of those revisions. Revisions will have no effect on orders that were submitted before posting of revised Terms.
III. ELECTRONIC COMMUNICATIONS
When you visit this Site or send e-mails to us, you are communicating with us electronically. We may in our discretion communicate with you electronically, including but not limited to, by posting notices on the Site or by responding to your e-mail. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that communications be in writing.
IV. GENERAL CONDITIONS
By accessing or using this Site or any feature provided through the Site, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:
· Use the Site in breach of these Terms;
· Reproduce, modify, copy, distribute, transmit, display, perform, publish, create derivative works from, transfer, sell, resell or exploit for any commercial purposes, any portion of the Site or its contents, without express written permission by us;
· Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
· Impersonate another person or entity;
· Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the Site;
· Gain unauthorized access to any computer system or nonpublic portion of the Site or interfere with or disrupt the Site, servers, or networks connected to the Site;
· Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
V. THIRD PARTY TRADEMARKS/NO ENDORSEMENT
The Site may contain links to other sites on the Internet that are owned and operated by third parties (the "External Sites"), or references to other products (“Third Party Products”). Brushmo has no control over these External Sites, all of which have separate privacy policies, data collection practices, and terms and conditions independent of Brushmo. Brushmo has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices, the terms and conditions or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links to External Sites or references to Third Party Products such as Sonicare, Oral-B, and Philips ONE, do not imply that Brushmo sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. “Sonicare” and “Philips” are registered trademarks of Philips Oral Healthcare, Inc. and Koninklijke Philips N.V., and “Oral-B” is a registered trademark of The Gillette Company LLC.
VI. CONTENTS/OPERATION OF SITE DISCLAIMER
THE MATERIALS THE SITE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRUSHMODISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BRUSHMO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. The materials in the Site could include technical inaccuracies or typographical errors, and are not intended to be relied on for medical or dental health advice. These materials could be inaccurate or become inaccurate as a result of development occurring after their respective dates. Brushmo undertakes no obligation to verify or maintain the accuracy of such information. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our site.
VII. ONLINE STORE TERMS
A. PLACING AN ORDER
Orders placed on the Site are subject to the following conditions:
· To place an order you must be 18 years of age or over, be accessible by telephone or have a valid email address;
· You may place an order by filling out the order form on the Site and clicking the appropriate submission button. You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site, and to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed;
· When you place an order, you are making an offer to us to purchase the Products you have selected, governed by these Terms, and You will be issued an Order Number via the Site. The Order Number is supplied for reference purposes only and does not constitute our acceptance of your order. Brushmo may or may not accept your order at our discretion or may choose to reduce the number of Products we accept to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled after order submission;
· If Brushmo accepts your order, Brushmo will issue to you an order confirmation by email that is effective on the date the order confirmation is sent to you. If Brushmo does not accept your order, Brushmo will attempt to contact you by email or telephone;
· The on-screen display of the colors, designs, and Products offered on the Site may differ from the actual appearance or size of the Products offered on the Site;
· Notwithstanding any terms herein to the contrary, Brushmo reserves the right to refuse or cancel any portion or all of an order for any reason at any time, including limitations on quantities available for purchase , inaccuracies, or errors in product or pricing information, or problems identified by Brushmo. If your order is cancelled after your credit card or other payment account has been charged, Brushmo will issue a credit to your credit card or other payment account in the amount of the charge. If any portion of your order is cancelled or if additional information is required to accept your order, Brushmo will attempt to contact you. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
B. PRICES, PAYMENT, AND DELIVERY
· Prices: All prices are in U.S. dollars and are exclusive of VAT, recycling fee, shipping and handling, and duties, which will be calculated separately as applicable and specified on the order form, which will then added to the price of the order to reflect the total amount payable by you;
· Payment: You may pay for your Products by the methods indicated on the Site. If you are paying by credit card, your credit card will be charged when we issue your invoice or at the time of shipment or your Products. Brushmo will not supply the Products to you until your credit card issuer has authorized the use of your card for payment of Products. If Brushmo does not receive such authorization, Brushmo shall inform you accordingly. Brushmo reserves the right to verify the identity of the credit card holder by requesting appropriate documentation;
· Delivery: Please refer to our Shipping Policy at https://brushmo.com/policies/shipping-policy. Any delivery or shipment dates given by Brushmo are best estimates only and Brushmo shall not be liable for any loss, damage, costs, or expenses for failure to deliver in accordance with the delivery or shipment dates given. Every effort is made to process orders within 2-3 business days. Orders are not processed, shipped, or delivered on weekends or holidays. In the event any of the Products ordered is out of stock, the whole order may be delayed.
· Damages: Brushmo is not responsible for any Products damaged or lost during shipping or delivery. If you receive your order damaged, please contact the shipment carrier.
Exchanges, Returns, Refunds: Please refer to our Refund Policy at https://brushmo.com/policies/refund-policy.
C. WARRANTY
Brushmo warrants the Products will be free from defects. Any warranty claims must be made within 30 days.
D. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
VIII. LIMITATION OF LIABILITY
IN NO EVENT SHALL BRUSHMO BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF BRUSHMO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
If the foregoing limitation of liability is held to be unenforceable, Brushmo’s maximum liability to you shall not exceed the amount paid by you for the Products you have ordered through the Site. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusion may not apply to you to the extent such jurisdiction’s law is applicable to these Terms. If the law applies to you and your use of the Site does not permit the waiver by you of any rights or remedies, these Terms do not require you to waive any of such rights. This does not affect your statutory rights as a consumer, nor your right to return Products as per Section VII C.
IX. INDEMNIFICATION
You agree to indemnify and hold harmless Brushmo and its employees, licensors, joint ventures, service providers, affiliates, subsidiaries, parents, and agents, as well as other users of the Site (collectively, “Indemnitees”) from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including reasonable attorneys’ fees) assessed or incurred by any Indemnitee, directly or indirectly, with respect to or arising out of: (i) your violation of these Terms; (ii) your use of the Site; (iii) your violation of applicable laws, regulations, or third-party rights; and (v) your willful misconduct, fraud, or negligence. Brushmo or the applicable Indemnitee reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnitee, and you agree to cooperate with the Indemnitee’s defense of these claims. You agree not to settle any matter without the prior written consent of the Indemnitee. Brushmo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
X. APPLICABLE LAW AND DISPUTE RESOLUTION USING BINDING ARBITRATION
All matters arising out of or relating to these Terms or the Products will be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. If the agreement to Arbitrate in these Terms is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in California to resolve your claim.
Most user concerns can be resolved by contacting our representatives at 1-844-694-4666 or cs@brushmo.com. You and Brushmo agree to make reasonable, good faith efforts to resolve any dispute before initiating arbitration. However, IF WE ARE UNABLE TO RESOLVE YOUR CONCERNS AND A DISPUTE REMAINS BETWEEN YOU AND BRUSHMO, THIS PROVISION EXPLAINS HOW YOU AND BRUSHMO AGREE TO RESOLVE IT.
YOU AND BRUSHMO AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN BINDING ARBITRATION RATHER THAN IN ANY COURT OF GENERAL JURISDICTION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (I) YOUR USE OF THE SITE OR ANY INFORMATION GENERATED FROM THE SITE; (II) DISPUTES RELATED TO THESE TERMS; (III) YOUR USE OF YOUR ACCOUNT; OR (IV) THE USE OF ANY PRODUCT PURCHASED, REVIEWED, IDENTIFIED, PRESENTED OR DISCUSSED ON THE SITE. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
A party who intends to seek arbitration must first send to the other a written notice that describes the nature and basis of the claim or dispute and sets forth the specific relief sought. If you and Brushmo do not reach an agreement to resolve that claim within 30 days after the notice is received, you or Brushmo may commence an arbitration proceeding. Written notice to Brushmo should be sent to: 15760 Ventura Blvd #1570, Encino, CA 91436
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court and provides more limited opportunities for discovery than might be available in court. It follows different rules than court proceedings and is subject to very limited review by courts. Arbitrators can award the same damages and other relief that a court can award and can also award attorneys’ fees to the extent allowed by the law. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND BRUSHMO ARE EACH GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL.
The Federal Arbitration Act and federal arbitration law apply to this arbitration provision. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes, both of which are available at www.adr.org or by calling 1-800-778-7879, as modified by these terms. The arbitrator is bound by the terms of these Terms.
You agree that the arbitration will be administered by the AAA. You and Brushmo agree that any in-person arbitration shall be conducted in Los Angeles, California, unless you advise Brushmo in writing that in-person arbitration in Los Angeles, California would pose an economic hardship or be unreasonably inconvenient for you. In that event, Brushmo agrees to conduct arbitration by Zoom or similar technology, or at a mutually agreeable alternative location.
YOU AGREE TO NOT BRING CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD OTHERWISE ALLOW THEM, AND AGREE THAT THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND TO THE EXTENT OF THEIR INDIVIDUAL CLAIM, AND NOT ON BEHALF OF ANY CLASS OR IN ANY REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY.
Brushmo may change this arbitration provision in the future. If Brushmo makes any future change to this provision, you may reject any such changes by sending written notice to Brushmo within 30 days of the change at [Brushmo, 15760 Ventura Blud, # 1570, Encino CA 91436. By rejecting future changes, you are agreeing to arbitrate any dispute between you and Brushmo according to this current provision.
If you do not agree to resolve disputes in this way, you may elect to “opt out” of this provision within 30 days of the time you agree to these Terms. If you elect to opt out, you will remain subject to all other terms of these Terms except this provision, which will not apply to you. To opt out of this provision, email cs@brushmo.com with the subject line “Arbitration Opt Out” within 30 days of the date you agreed to these Terms.
XI. INTELLECTUAL PROPERTY
The Site and its entire contents, features, and functionality, including by not limited to software, text, displays, graphics, images, and other materials generated by or within the Site (collectively, “Content”) are owned and copyrighted by Brushmo or lawfully obtained from Brushmo’s providers or licensors. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, service marks, logos, and trade secrets in the Site and the Content are owned by Brushmo or its licensors or providers. Neither these Terms, nor your access to or use of the Site, transfers to you or any third-party any rights, title, or interest in or to such intellectual property rights.
The trademarks, service marks and logos (“Marks”) used in the Site are owned by Brushmo or its providers or licensors. The owner of the Marks holds exclusive rights to the Marks. You must not use any Mark without the prior written consent of Brushmo or the owner of the Mark.
XII. MISCELLANEOUS
These Terms constitute the entire agreement between you and Brushmo regarding the Site and the purchase of Products on the Site.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our Site. The obligations and liabilities incurred prior to the termination date shall survive the termination of these Terms for all purposes.
XIII. CONTACT
For questions regarding these Terms, please contact Brushmo at cs@brushmo.com.
Last updated: 2025-01-07
