1. Brighter Image Lab Terms & Conditions

    WE DO NOT OFFER MEDICAL ADVICE. IF YOU HAVE A MEDICAL EMERGENCY OR ARE EXPERIENCING ANY ADVERSE SYMPTOMS, PLEASE CONSULT YOUR DENTIST OR MEDICAL, LICENSED PROFESSIONAL.

    PLEASE READ THESE TERMS & CONDITIONS (the “Agreement”) CAREFULLY BEFORE SUBMITTING AN ACCOUNT, REGISTRATION, OR ORDERING ONLINE, BY PHONE, OR BY CHAT. BY ACCESSING BRIGHTER IMAGE LAB WEBSITE OR BY USING BRIGHTER IMAGE LAB, USERS (“USERS” OR “YOU”) AGREE TO BE LEGALLY BOUND BY, WITHOUT LIMITATION, QUALIFICATION, OR CHANGE, AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE THE SOLE AGREEMENT BETWEEN YOU AND US WITH REGARD TO THE MATTERS CONTAINED HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS & CONDITIONS, PLEASE DO NOT ACCESS THE BRIGHTER IMAGE LAB WEBSITE OR RETAIN BRIGHTER IMAGE LAB FOR SERVICES. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

    THIS AGREEMENT CONTAINS A CLASS ACTION WAIVER DESCRIBED IN FURTHER DETAIL LATER HEREIN.

    WHAT ARE YOU AGREEING TO?

    The Parties to this Agreement: These Terms & CONDITIONS describe a contractual relationship between you (“you” or “your” and Brighter Image Lab (including its subsidiaries, affiliates, including M.S.C. Development, Inc. agents, and assigns) (“Brighter Image Lab,” “we,” “us,” “our”) (1) your use of this website (“Site”) (2) your use of the Site, or a third-party website in connection with any product or service offered directly by Brighter Image Lab, as applicable, (3) your use of “Additional Tools” as described below, (4) your use of any other service(s) offered through the Site, as applicable, including, without limitations of installment accounts; and (5) your access to your Brighter Image Lab account information and access to any services through the Site. We may partner with Installment Providers (each, “Installment Partner”) to offer certain products and services and provide those products and services to you. If you are approved for a product offered through Brighter Image Lab, by one of these Installment Partners, or through other partnerships with Installment Partners, you will also enter into an agreement with the Installment Partner which may contain their own terms of conditions and privacy policies. Notwithstanding any other provisions of this Agreement, any agreement you enter into with an Installment Partner shall not supersede, revoke or replace your obligations under this Agreement.

    Changes to this Agreement: Brighter Image Lab reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on the Site. Additionally, YOU AGREE TO ACCEPT ANY CHANGES TO THIS AGREEMENT BY USING BRIGHTER IMAGE LAB AFTER THE CHANGES HAVE BEEN POSTED. If Brighter Image Lab makes any changes to this Agreement that is deemed to be material, Brighter Image Lab will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our Site from time to time to see if it has been changed. The date this Agreement was last updated is listed at the top of this page.

    Acceptable Use/License: Brighter Image Lab grants you a limited, personal, non-transferable, revocable license to access and use the Site strictly in accordance with this Agreement, our Privacy Policy, and applicable law.

    All content included by Brighter Image Lab, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Brighter Image Lab, Installment Partners, or third-party providers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other propriety notices, legends, or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works or any way exploit any of the content, in whole or in part, found on the Site. Brighter Image Lab’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any propriety rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Brighter Image Lab and the copyright owner. We do not grant you any licenses, express or implied to the intellectual property of Brighter Image Lab or our licensors.

    None of the content displayed on the Site is or should be considered to be medical or dental advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. NONE OF THE CONTENT ON THE SERVICES REPRESENTS OR WARRANTS THAT ANY PARTICULAR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. The Site may provide links to third-party content. You acknowledge and agree that we are not responsible for the availability of such third-party content, and we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk.

    You may not access or use, or attempt to access or use, the Site to take any action that could harm us or any third party, interfere with the operation of the Site, or otherwise use the Site in a manner that violates any laws. For example, and without limitation, you may not:

    • transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
    • provide information on the enrollment form that is untrue, inaccurate, not current, or incomplete;
    • engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
    • take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
    • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or any activity conducted on the Site or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
    • attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services; or
    • disclose information regarding other users of the Website in any way
    • engage in any other conduct that restricts or inhibits any person from using or enjoying the Site, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

    Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.

    WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE OR REASON, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

    Communication and Notification: You agree that Brighter Image Lab may communicate with you and our Installment Partners about your account electronically, through phone calls, or in writing to any contact information we have on file for you. Standard mobile, message, and data rates may apply, and you are responsible for any such fees. Brighter Image Lab reserves the right to close or limit access to your account or service and immediately collect all due amounts if you withdraw your consent or revoke access. Any electronic communication will be considered to be received by you at the time we email it to you or otherwise send it to you by postal mail 3 business days after we send it. If we need to contact you to service your account or to collect amounts you owe to us, you consent to us, as well as services, agents, contractors, and debt collectors acting on our behalf, to communicate with you in any way such as calling, texting, or emailing via:

    • A mobile phone or landline you provided to us (even if it is not yours)
    • Any email address you provide to us, Installment Partners, or third-party providers
    • Automated dialer systems and automatic telephone dialing systems,
    • Pre-recorded or artificial voice messages and other forms of communications.

    You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message or data charges.

    You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. You agree that it is your responsibility to maintain the currency, completeness and accuracy of your registration data, including but not limited to: a valid email address. Any loss caused by your failure to do so is your responsibility. It is entirely your responsibility to maintain the confidentiality of your account. You agree to notify Brighter Image Lab immediately of any unauthorized use of your account. Brighter Image Lab is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

    You understand and agree that Brighter Image Lab may monitor or record telephone conversations with you or anyone acting on your behalf or its agents for quality control and training purposes or for its own protection and you consent to such recording. You acknowledge and understand that, while your communications with Brighter Image Lab may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls are recorded by us and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

    While Brighter Image Lab will use its good faith efforts to respond to requests within the time periods indicated on this Site, no guarantee is made that the status of your request will be made available to you within the stated processing time or at all. Neither Brighter Image Lab nor its third-party affiliates are responsible for any errors or delays in responding to a request including, without limitation, error or delays in responding to a request caused by an incorrect e-mail address or other data provided by you or other technical problems beyond their control.

    Forums, Chat Areas, and Public Communications: "Public Communication" means any chat area, message board, email function, social networking, online posting, blog, and/or similar type of service on any website. By accessing or participating in a Public Communication after purchasing from Brighter Image Lab, you agree that: you will comply with all of the terms and conditions stated in this agreement; you will not harass, abuse, defame or threaten Brighter Image Lab, the company as a whole, its products, or its employees. You agree you will not make hateful or offensive statements regarding Brighter Image Lab, the company as a whole, its products, or its employees. You agree you will not use obscene or indecent language, images, or other materials to or about Brighter Image Lab, the company as a whole, its products, or its employees. You agree you will not submit any material to Brighter Image Lab, the company as a whole, its products, or its employees that violate the law or the rights of any third party. By providing any User Content, images (such as writings, videos, or photographs), or other materials to any Public Communication medium displaying or regarding Brighter Image Lab, the company as a whole, its products, or its employees, you automatically grant us a perpetual, royalty-free, irrevocable, non-exclusive right and license to reproduce, use, publish, modify, create derivative works, publicly display or distribute any such materials in any form, medium, or technology known now or later developed as we deem fit to do so.

    Account Security: You are solely responsible for the security of your username and password, and for any use of the Site using your username and password. You should not share your username or password with any third party or allow any third party to access the Site using your username and password. You agree to notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate your username and password at any time.

    Products & Services: Brighter Image Lab offers multiple products and services under a variety of descriptions and trade names. Herein referred to as “Products” these include but are not limited to, whitening gel, bleaching trays, polishers, cleaning tools, and detox serum. Services include but are not limited to, the scanning designing, manufacturing, detailing, and polishing of removable dental veneers. Removable veneers herein referred to as “Veneers” are marketed and sold under names including, but not limited to, PressOn Veneers™, Bil Veneers™, and IncrediBIL™ Veneers. By placing your veneer or bleaching trays order you agree that you are retaining us to design custom veneer(s) or custom bleaching trays based on impressions that we have not yet seen and that will be provided by you. As such we cannot and do not make any statement or promise as to the description of the final product. You, therefore, release any claims to the concept of receiving a “Product, Not as Described”. Furthermore, while we take measures to ensure that our site, employees, advertising, and marketing materials reflect accurate information in regard to our products, services, and pricing, sometimes an error can occur. We are not responsible for misrepresentation or errors found. Prices may be changed by Brighter Image Lab at any time. By submitting your order, you are agreeing to the price listed and are not entitled to any other price.

    Your Eligibility: To be eligible to use the Services, you must be at least 18 years old. Brighter Image Lab distributes products and services which are solely intended as cosmetic in nature. Brighter Image Lab does not carry out the practice of dentistry in any manner. We do not engage in diagnosis, and we do not distribute any product which has a therapeutic benefit or effect. We do not offer professional advice, nor do we provide treatment for dental disorders. If you have questions or concerns regarding the suitability of any of our products, or you experience any adverse symptoms, please consult your dentist or medical, licensed professional.

    3-Way Processing: Notwithstanding anything to the contrary, a 3-way processing fee of $46 will be added to all orders. This fee covers shipping and processing three (3) ways. It covers the initial shipment of the impression system to you, shipment of the impression system from you to the lab, and shipment of the final veneers from the lab back to you. Any additional shipments that may be required on your account, will be subject to standard shipping charges, that you will need to pay prior to anything else being shipped to you.

    Optional Smile Express Processing: You may purchase our “rush processing” services which provide priority during the production process for veneers once Brighter Image Lab has received usable impressions from you. This service reduces the estimated design time from the standard 30 business days to between 14 – 17 (Smile Express) or 7 – 10 (Ultra Smile Express) business days for the production of your veneers. This is just an estimation, and you agree that this time frame is NOT A GUARANTEE your veneers will be delivered and received within this time frame. These time estimations exclude all weekend days, holidays and shipping times. Your order must be paid in full before the design lab begins work on the veneers, regardless of the processing time you have selected for your order.

    PRIVACY POLICY

    Your use of the Site is also governed by our Privacy Policy. You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree to abide by its terms. You consent to the use of your personal information by Brighter Image Lab and/or its third-party affiliates in accordance with the terms of and for the purposes set forth in the Privacy Policy and the terms of our third-party affiliates' privacy policies. To the extent permitted by law, Brighter Image Lab makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage Brighter Image Lab will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.

    DISCLAIMER OF DIGITAL USE WARRANTIES

    ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS. BRIGHTER IMAGE LAB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE, BRIGHTER IMAGE LAB DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. BRIGHTER IMAGE LAB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. BRIGHTER IMAGE LAB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

    BRIGHTER IMAGE LAB IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

    WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.

    E-Sign Consent Agreement

    Electronic Delivery of Communication: “Disclosures” include, but are not limited to, (1) agreements and policies required to retain Brighter Image Lab for services (e.g., Brighter Image Lab Terms, Privacy Policy, and Installment Agreements), (2) payment authorizations and transaction receipts or confirmation, and (3) account statements, billing statements, and account histories; and (4) any other disclosures required by law regarding your legal rights and obligations relating to Brighter Image Lab.

    By providing your consent as set forth below (“Consent”), you agree to the following:

    • Brighter Image Lab and any Brighter Image Lab Partner may provide any or all Disclosures either electronically on the Site, through a hyperlink provided on the Site, and at its sole discretion electronically to the email address or telephone number that you have provided to us, either directly or indirectly.
    • Brighter Image Lab and/or a Brighter Image Lab Partner may, but is not required to, notify you via email or text message when the Disclosures are available and how to view them, either via the hyperlink, email, or other electronic method described herein. The Disclosures will be provided to you in a format that can either be retained, printed, or downloaded for your records.
    • Your electronic signature on agreements and documents and selection of any click-through button or checkbox on the Site has the same effect as if you signed them in ink.
    • Your Consent applies to any transaction undertaken through Brighter Image Lab and any services in the past, to all future disclosures and communications on your account, to all future transactions in which you use Brighter Image Lab, at any time, to any transaction with us, and to other Disclosures that we provide to you.
    • Your Consent means that Disclosures Brighter Image Lab and any Brighter Image Lab Partner provides to you electronically shall have the same meaning and effect as if provided in paper form, regardless of whether you actually view those Disclosures

    You represent and warrant that you have the legal right, power and authority to agree to these Terms and Conditions on behalf of yourself and the client, buyer, or other entity on whose behalf you are acting while participating in the Site. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted the terms of, and otherwise authenticated these Terms and Conditions and acknowledged and agreed that these Terms and Conditions are an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act (“UCITA”) and as such are completely valid, have legal effect, are enforceable, and are binding on, and non-refutable by you and the member, buyer, supplier or other entity on whose behalf you are acting.

    Minimum requirements: you understand that, in order to view and/or retain copies of the Disclosures, you will need the ability, in hardware, software and skill, to connect to and navigate the worldwide web.

    Notwithstanding this provision, Brighter Image Lab’s delivery of any Disclosures governed by the E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.

    By submitting any order electronically through e-commerce (online shopping cart), email, phone, or chat, you agree that either by submitting your consent through a check box, or typing or speaking authorization for a payment transaction, it constitutes a legal signature of agreement as per the Uniform Electronic Transactions Act ("UETA"). When placing an order by phone you agree that the conversation be recorded for the purpose of keeping a record of the transaction as per the Uniform Electronic Transactions Act ("UETA").

    PAYMENT POLICY

    You agree that you are retaining Brighter Image Lab to complete Products and/or Services requested by you, and have an unqualified obligation to remit payment for those Products and/or Services. Once you are accepted as a client, you fully agree to pay the complete and full amount agreed to in a timely manner and waive any claims to a refund. By entering payment information, you are representing and warranting that you are an authorized user of the account you have provided the information of and that the information entered (account holder name, account number, billing address, etc.) is accurate, true, and complete in all respects. You authorize Brighter Image Lab to charge any and all amounts owed under this Agreement to any payment method we have received from you according to the terms agreed to upon your signing up.

    If you have requested multiple payments or installments, the Grand Total Amount equals the total amount of your Purchase, as adjusted, and represents the total amount you will have paid when you have made all scheduled payments. In addition to the cost of any goods and/or services, it may be adjusted to include (1) any applicable taxes, shipping costs, or other fees that you have authorized and that are charged, (2) any goods or services in which are later added to your order after you agree to this Agreement and/or (3) any adjustments or increases due to exchanges or returns. You authorize Brighter Image Lab to charge the amount of each invoice, installment, or further transactions and fees, to any method of payment you have on file with us. Brighter Image Lab will present you with the applicable payment terms including:

    • The amount of your Initial Payment. The initial Payment is the first of, no more than, 4 payments and is due immediately once your order has been confirmed. The Initial Payment will be charged automatically on the date your order is placed and confirmed;
    • The amount of each subsequent Installment Payment. Installment Payments will be charged automatically on the dates set forth in the Payment Authorization.

    Depending on the details of your Purchase and how it is processed, one or more installment schedules (each, an “Installment Schedule”) will be emailed to you and made available through the Site. Each Installment Schedule will show the amount of the applicable Initial Payment and each Installment Payment and the date on which each Installment Payment is due and to be charged (“Due Date”). The payment terms above and that such payment terms and each Installment Schedule are incorporated by reference into this Agreement.

    By using multiple installments as your payment option, you agree to pay Brighter Image Lab the Grand Total Amount in accordance with the payment terms including repayment of the Initial Payment and each Installment Payment on their Due Dates, plus any fees, past due amounts and other charges permitted under this Agreement. There is no balloon or similar final payment required on this loan and you are not required to obtain credit life or credit disability as a condition of receiving installment payments. All multiple installments accounts MUST BE PAID WITHIN 30 DAYS FROM DATE OF PURCHASE.

    You also authorize Brighter Image Lab to rerun, any method of payment you have on file with us for any funds due by you to Brighter Image Lab. For all services provided by Brighter Image Lab, the Grand Total Amount must be paid in full before any work will begin. Once a purchase is submitted, it cannot be modified or withdrawn by you. All purchases made by you are non-cancelable and non-refundable. Once your order is processed, the Grand Total Amount is the total amount owed, irregardless of any other factor, including without limitation, whether or not the impression system is used.

    We may limit the types of payment methods we accept at our discretion. If a type of payment methods, such as a particular credit or debit card, is not accepted, you will be notified before your order is confirmed and processed. We do not accept prepaid or gift cards. You may change your payment method at any time, and if you do, you authorize us to charge your new payment method in accordance with this Agreement. Paying by debit card is not a requirement for obtaining installment payments under this Agreement. You authorize us to store your payment method details in our systems. We will use this information to authorize future charges as described in this Agreement. Unless you opt-out, we may also use this information to prefill your payment method details for future purchases.

    You expressly authorize Brighter Image Lab and each of Brighter Image Lab’s Installment Partners to obtain (for itself or on behalf of Brighter Image Lab or an Installment Partner) consumer reports from consumer reporting agencies about you (1) when you request offers or apply for an installment plan, (2) periodically throughout the term of your installment (including in the month following the month when you pay off or otherwise satisfy the installment), and (3) from time to time in connection with any other Products or Services that we offer or that you may obtain from us, including, without limitation, your Brighter Image Lab or Installment Partner account.

    Brighter Image Lab reserves the right to cancel any transaction that it reasonably believes to have been made fraudulently including, by unauthorized use of a credit or debit card, or with unreasonable or unyielding expectations.

    In each case you, expressly authorize us and each of our Installment Partners to use such consumer report about you, and information derived therefrom, in connection with:

    • Your installment plan, including determining your eligibility, servicing or maintaining your installment or account, verifying your identity, verifying information you provide to Brighter Image Lab or an Installment Partner, and for collecting any amount you owe us or an Installment Partner or any of our respective successors or assigns;
    • Marketing, including pre-qualification and other forms of marketing, for installments that may be provided by us or an Installment Partner and any other service we offer or you obtain from us or any Installment Partner through the Brighter Image Lab; and
    • Our internal use, including statistical analyses and to develop, improve, analyze, study, and maintain products and services we or any Installment Partners offer or may offer.

    You understand that Brighter Image Lab and/or any of its Installment Partners may report information about your installment or account (such as on-time, late, and missed payments; any defaults; and the fact you paid off your loan) to consumer reporting agencies and that such information may be reflected in your credit report or other consumer reports about you.

    You agree to allow Brighter Image Lab to send you payment reminders from time to time. Notwithstanding whether you have consented or withdrawn your, you agree that payment reminders may take the form of any available communication, subject to applicable law. You also agree that if you fail to pay any amount owed to Brighter Image Lab pursuant to this Agreement or any other agreement you have with us or any Installment Partner, Brighter Image Lab may engage in collection efforts to recover such amounts from you. These collection efforts may involve contacting you directly, submitting your information to a collections agency, or taking legal action. FAILURE TO PAY MAY AFFECT YOUR CREDIT SCORE.

    Except where prohibited by law, you will be in default if you: (a) fail to make any payment by a Due Date; (b) become the subject of insolvency or bankruptcy proceedings;(c) supply false, misleading, or incorrect information to us; (d) a payment is returned to us by your bank; or (e)violate or are unwilling to comply with any provisions in this Agreement (each a “Default”). If you are in Default Brighter Image Lab: (i) employ a debt collection agency to collect payment; and (ii) report default information to credit bureaus. If you are in Default Brighter Image Lab may prevent you from future use of any Brighter Image Lab service.

    Late and Return Fee: If any payment remains unpaid for 10 days after its due date, you agree to pay us a Late Fee of up to $7 for each day the payment is late (or such lesser amount as required by law), except where prohibited by applicable law. The Late Fee will never exceed 25% of the Installment Payment amount and will be waived or refunded in the event our error results in your incurring a Late Fee. If your attempt to make any payment by check or ACH and your payment is returned unpaid for “nonsufficient funds” or for any other reason such as closed account, we will charge you a Returned Payment Fee of up to $25 (or a lower amount if required by law). The Returned Payment Fee will never exceed the payment amount and will be waived or refunded in the event our error results in your incurring a Returned Payment Fee.

    Chargeback Abuse: YOUR AGREE TO NOT FILE A CREDIT OR DEBIT CARD CHARGEBACK AND EXPRESSLY GRANT BRIGHTER IMAGE LAB THE RIGHT AND POWER TO REVERSE ANY CREDIT OR DEBIT CARD CHARGEBACKS ON YOUR BEHALF WITH REGARDS TO ANY PRODUCT OR SERVICE. Every order we process for veneers has been requested by the client. As such, any chargeback is fraudulent and will be handled as such, including civil fines and recommendation to the proper authorities for criminal prosecution. Filing a chargeback with your financial institution places an immediate and indefinite hold on your account and all work associated with your order(s). All chargebacks are answered with these terms and conditions you have agreed to. Regardless of the decision rendered by the determining party (the credit card issuing bank, the credit card processor, Visa, Mastercard etc.) your chargeback does not relinquish you of your unqualified responsibility to pay your bill owed to us. Filing a chargeback is a material breach of this agreement. Regardless of the outcome of a chargeback, once filed, a chargeback causes undue harm to Brighter Image Lab and our ability to conduct business. You agree to pay liquidated damages in the amount of $7,500 or all cost and fees necessary to repair and/or protect Brighter Image Lab’s reputation, including but not limited to investigation, response, and representation related to any action brought with regard to a chargeback you initiated, whichever is greater.

    Cancellation and Refund: All services are non-refundable, but we do make every attempt to ensure that you are satisfied with your experience with Brighter Image Lab. In the event that you received your completed veneer and there is an issue with the fit, you may be eligible to Return For Adjustment (RFA) up to two (2) times at no additional charge (refer to the RFA section below to ensure your account qualifies for an RFA).

    Once your order is confirmed, you have accepted and agree to retain Brighter Image Lab for a design service. Once your Impression system has been prepared and shipped out to you, your order is considered FINAL and will not be eligible for a refund or cancellation. Should you wish to cancel your order within the first 24 hours or before the impression system has shipped to you, you do have the ability to cancel your order less a 20% (of the order total) cancellation fee.

    Abandoned Orders/Reactivation Fees: With each Veneer order, you are reserving a spot in our production queue. If we do not receive the associated impression(s) within the required time frame, this reservation and the allocated resources associated with it are wasted. Orders with no impressions received within three (3) months of your initial order date, will be considered abandoned. Abandoned order can be reactivated within twelve (12) months of the initial order date for a reactivation fee of $149 but in no event can an order be reactivated more than twelve (12) months of the initial order date. On the date your reactivation fee has been processed, you agree to supply your impressions within ninety (90) days from that date or your account will be closed.

    Return For Adjustment (RFA): Approximately 12% of cases require some type of adjustment in order to fit properly. While it may be frustrating, this is a normal and expected part of the Lab Direct Process. Our team will do everything possible to ensure your Veneers look good and fit well. If achieving that goal requires us to make an adjustment, we will do so at no charge up to two (2) times, under the following conditions:

    • Client has attempted to wear the veneers for a minimum of 3 days (preferably 5 days)
    • Client has uploaded clear photos of the veneer(s) in-place (or to the best of their effort)
    • Client has submitted a detailed description of the adjustments needed (and relevant notes have been added to their account).
    • Client has returned the veneer(s) for adjustment, no more than 30 days from the delivery of the veneer(s).

    *RFA’S RETURNED AFTER 30 DAYS WILL BE SUBJECT TO A LATE ADJUSTMENT FEE, AND NO ADJUSTMENTS WILL BE COMPLETED AFTER 90 DAYS OF DELIVERY OF THE VENEER(S).

    PAYMENT AUTHORIZATION

    THIS PAYMENT AUTHORIZATION PERTAINS TO ALL PAYMENT SCHEDULES WE DELIVER TO YOU AND AUTHORIZES US TO INITIATE ADDITIONAL PAYMENTS IN THE EVENT YOU FAIL TO PAY ON TIME. READ IT VERY CAREFULLY BEFORE CONSENTING TO THIS AGREEMENT. To complete your purchase, you will indicate a debit card or credit card with which you wish to make your payment(s) (together, along with any substitute debit card, credit card, or bank account you may later provide to us, the “Payment Method”). Your Payment Method and payments can be changed, modified or terminated as further described below. For the purposes of this Payment Authorization, the words “we”, and “us” and “our” include Brighter Image Lab and its successors, assigns, agents, and any Installment Partner, and other service providers or any person to whom this Agreement is transferred or assigned.

    Authorization: You irrevocably authorize us to initiate debits from, or charges to, as applicable, the Payment Method in the amount of each Payment indicated on the Payment Schedule, and for any remaining balances after you have received your Veneers, including any late fees or other penalty amounts.

    Authorization to Vary Amounts: If you are paying by debit card, you have the right to receive written notice that any Installment Payment will vary from the amount authorized. While we will generally provide at least 10 days advance of any Installment Payment that varies from the amount disclosed on an applicable Installment Schedule, you agree that we need not provide written notice if the amount of the Installment Payment is less than the disclosed amount or, no more than the Installment Payment plus any unpaid amounts, fees or charges due under this Agreement.

    Authorization for Late and Returned Payment Fees and to Modify or Combine Payments: You authorize us to initiate a separate payment from the Payment Method or any other payment option you have on file with us (an “Alternate Payment Method”), at our sole discretion, for each separate fee due under the Agreement such as a Late Fee or Returned Payment Fee. You also authorize us to combine multiple payments that we may be initiating on the same day from the Payment Method into a single payment. Instead of or in addition to any payment described above, you authorize us to initiate payments from the Payment Method for any amount and on any date that you subsequently direct by phone, email or other methods we make available.

    Authorization to Correct Payments, Maintain Accurate Balance and Update Payment Method Information: You authorize us to debit or credit your Payment Method as necessary to (1) correct any error we may make in processing a payment on or after the date such error occurs; or (2) as otherwise necessary to obtain an accurate balance under this Agreement such as when you have a credit balance on your account with us. If there is any missing or erroneous information with respect to the Payment Method or the associated financial institution, you authorize us to verify and correct such information.

    Reinitiating a Rejected Debit: Unless otherwise limited by law, if any payment under this Payment Authorization if rejected or otherwise returned unpaid, you authorize us to reinitiate it up to two additional times. However, you agree that we are under no obligation to reinitiate any rejected charges or debits. You understand that your financial institution or card issuer may impose fees in connection with rejected charges or debits, and you agree that we do not have any liability to you for such fees. You understand that the associated financial institution may impose fees in connection with rejected payments, and you agree that we do not have any liability for such fees. If you know that a payment will be rejected by your financial institution (e.g., because there is not enough money in the account or availability on the card), you should contact us so that alternate arrangements can be made.

    Miscellaneous: You promise that the Payment Method and, if applicable, any Alternate Payment Methods, are legitimate, open, and active and that you are an authorized user on such account(s). You understand that this Authorization is subject to applicable law and network rules. Each payment will be processed in U.S. dollars, and, if it is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate.

    PAYMENT AUTHORIZATION BY CHECK

    By paying by check, you authorize the Check Processor, to clear and process Checking information transmitted by you electronically through e-commerce (online shopping cart), email, phone, or chat to fund payments. You agree that you will only transmit images of Checks to the Check Processor.

    You will not transmit any Check information without prior authorization that:

    • has not been authorized by the owner/administrator of the bank account;
    • is prohibited by, or received in violation of, any law, rule or regulation;
    • you know or suspect (or should know or suspect) is fraudulent or otherwise not authorized by the owner of the bank account on which the check is drawn;
    • you know or suspect (or should know or suspect) will result in Non-Sufficient Funds (NSF);
    • is a U.S. Savings Bond, money order, cashier's check, or travelers check;
    • is irregular in any way (such as bearing false or inaccurate account data);
    • has not been authorized by all owners/administrators on the account the check is drawn;
    • is drawn on a financial institution that is located outside of the United States

    You agree that by transmitting checking information electronically through e-commerce (online shopping cart), email, phone, or chat you agree it constitutes a legal signature of agreement as per the Uniform Electronic Transactions Act ("UETA"). Once transmitted a Check is an "Item" within the meaning of Article 4 of the Uniform Commercial Code. You agree you will verify that the funds associated with the Check have been paid by your financial institution to MSC Development. The Check Processor will transfer the funds related to any Checking information you submit no more than 7 Business Days from the date you submit the information unless the Checking information does not comply with the requirements above or is returned unpaid by the bank that it is drawn against. If Brighter Image Lab begins processing your order, and the Check is subsequently returned unpaid for any reason, a hold will be placed on your order until full payment is received by Brighter Image Lab or MSC Development. MSC Development and the Check Processor have the right to refuse any Check transaction submitted by you. MSC Development and the Check Processor may limit the amount and number of Checks that you may submit at MSC Development and the Check Processor's discretion. If your Account is restricted after you submit information to the Check Processor, a hold will be placed on your order until you resolve the restriction on your Account.

    Shipping Policy

    Please review and verify your shipping address on all orders. We are not responsible for orders that do not arrive because an incorrect or incomplete shipping address was provided. All initial impression systems are sent to you by United States Postal Service (USPS) First Class Mail with Tracking. Once you receive the initial impression system, it is your responsibility to make the impressions of your smile and send the system back to Brighter Image Lab in the envelope provided (postage paid in the United States only). After the Veneers are completed, you should receive an email with tracking information for their final delivery. For actual veneer shipments, they will be mailed to you by USPS First Class Mail with Tracking, and Signature required.

    Tracking information will sometimes show that your package has been delivered, but you haven't yet received it. If you don't receive the package within the next few business days:

    • See if someone else accepted the delivery on your behalf.
    • Look around the delivery location.
    • Look for a notice of attempted delivery
    • Contact the United States Postal Service (USPS)
    • Occasionally initial and final deliveries are returned to us as undeliverable. When the carrier returns an undeliverable package to us, a representative will contact you when possible to verify the delivery address before it is re-shipped. Veneers returned for inability to obtain a Signature shall be deemed delivered and received by you.

    Orders that are returned to us as undeliverable are not able to be re-shipped until the delivery address is verified by you. If you suspect your order cannot be delivered as addressed and a representative has not contacted you after 4 weeks from the estimated delivery date, please contact Client Services.

    We are not responsible for items lost or damaged during shipping and therefore strongly recommend that clients add insurance to their packages for their full replacement value. In rare instances, your package shows as delivered but you did not receive the package, you must initiate a claim with USPS. Upon completing their investigation, USPS will email you a claim decision letter. You must provide Brighter Image Lab with a copy of the USPS decision letter, prior to any additional action can be taken by Brighter Image Lab.

    Reasons for Undeliverable Packages: There are many reasons that a package may be returned to us as undeliverable.

    • Address is a P.O. Box.: We do not ship to P.O. Boxes, all orders must be shipped to a street address.
    • Incorrect Address: If the address is incorrect or outdated, the package is typically returned to us by the USPS or the unintended recipient.
    • Carrier Does Not Deliver to the Address: USPS does not deliver to some addresses and will be returned as a result. For a full list of shipping restrictions at a specific address, please contact the DOS facilities staff at that location or review the DOS restrictions beginning on page 26 here: http://www.state.gov/documents/organization/88704.pdf Address Format.
    • Failed Delivery Attempts: Usually USPS makes three attempts to deliver a package. After three (3) attempts, the package will be returned to us.
    • Damaged During Transit: If a package is damaged on its way to you, USPS may return it to us without attempting delivery.
    • Refused by Recipient: If a recipient is not expecting a package, they may refuse it if they believe it was sent to them in error.

    Once a package has been picked up and scanned by USPS, we are not responsible, nor do we have any control over the time frame it takes to be delivered to you.

    Double Arch Orders / Staggered Delivery: If you have ordered both upper and lower arch Veneers together, we may choose to send one (1) arch earlier than the other. This can allow for an easier experience when acclimating to the feel of wearing Veneers. Once you have adjusted to and are satisfied with the first arch, we can then send the opposing arch.

    WARRANTY

    EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION, WE MAKE NO WARRANTIES, AND YOU HEREBY DISCLAIM ALL OTHER WARRANTIES, ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THIS AGREEMENT, AND OUR SERVICES AND PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.

    Standard Limited Warranty Information: The standard warranty covers any defects in materials or workmanship of the Veneers for up ninety (90) days from the date the veneer is delivered.

    Two (2) Year Extended Warranty Information (Prorated): An optional two (2) year extended warranty may be purchased at any time between the initial date of order and up to thirty (30) days from delivery of the final veneer. This extended warranty entitles you to one (1) repair of a broken Veneer within two (2) years from the delivery of the final veneer(s). There shall be no refunds on an unused or cancelled extended warranty. The extended warranty is subject to certain fees set forth below.

    Warranty Coverage: If your Veneers become damaged during the warranty period, and the conditions set forth in this warranty have been met and no exclusions apply, you can begin the warranty process by logging into your account at: shop.brighterimagelab.com/customer/account/login/ and opening a warranty claim via the web-form.

    In the appropriate and described scenarios, Brighter Image Lab may repair Veneers that we determine are defective in materials or workmanship and not from your usage or care of the Veneers. Whenever possible, Veneers will be repaired, rather than re-manufactured.

    There will be no charge for return shipping for US Clients, as a USPS label will be generated and emailed for your use. However, we are not responsible for items lost or damaged during shipping and therefore strongly recommend that clients add insurance to their packages for their full replacement value.

    Conditions that MUST be met for the warranty to apply:

    • Warranty must be validated by registering the Veneer within 30 days of delivery
    • Claim must be filed within the appropriate timeframe(s)
    • Claim must be submitted via the completion of the online warranty form
    • Veneers MUST BE RETURNED to Brighter Image Lab in order to evaluate the claim
    • No evidence of improper use/ Extenuating conditions of damage should be discovered by us.

    Conditions that may VOID the warranty include but are not limited to:

    • Eating in the veneers
    • Biting or grinding in the veneers
    • Pet damage
    • Tooth loss / change in tooth structure
    • Improper insertion
    • Improper cleaning
    • Loss / Theft
    • Damage occurring outside the mouth
    • General neglect or abuse
    • Modification or adjustment by any part other than Brighter Image Lab
    • Clients who purchase under financing terms who do not have an account good standing

    Warranty DOES NOT cover:

    • Refunds – No refund will be made after the client order is received
    • Shade Change – No shade change will be made in any warranty claim for any reason
    • Modification – No modifying the smile from the original design
    • Replacement - Except in cases wherein the Veneers cannot be repaired, but otherwise meets the appropriate criteria for warranty, new Veneers will not be created to fulfill the warranty
    • Damages – No incidental, consequential, or exemplary damages, (inconvenience, lost wages, pain, and suffering) are covered.
    • Fees – No other fees or costs are covered unless specifically approved in writing in advance by Brighter Image Lab.
    • All warranty terms and conditions are subject to change without notice. Please visit brighterimagelab.com to receive the latest applicable terms and conditions for warranty and redo issues.

    Prorated Fulfillment Fee Schedule (Extended Warranty): In addition to the upfront cost of your extended warranty, there may be fees associated with fulfilling it. There is no Fulfillment Fee for warranty work, on claims filed within the first ninety (90) days of the final Veneer(s) being delivered. After the first ninety (90) days the Prorated Fulfillment Fee Schedule is as follows:

    91 - 120 days = $99

    121 - 365 days = $149

    1 – 2 years - $199

    In the event, your warranty is denied, or you do not wish to pay the prorated fee to validate your warranty, it will be your responsibility to pay for the return shipping of the veneer(s) that were submitted for the initial warranty review.

    BREACH OF CONTRACT

    The terms and conditions stated here serve as a final and binding agreement between Brighter Image Lab and you, the client. You agree to these terms and in return, Brighter Image Lab offers you discounted pricing on Veneers. In the event of a breach of this contract, including the failure to meet payment obligations, you agree to pay the full suggested retail price of $2498 per arch. In addition, you agree to pay to any costs associated with collection of payment due or removal from any Public Communication medium any harassing, abusive, defamatory, threatening, hateful or offensive statements about, obscene or indecent language about, or images or other materials that violates the law regarding Brighter Image Lab, its products, or its employees caused by you; including but not limited to: collection fees, attorney costs, court costs, and any associated labor wages.

    CLASS ACTION WAIVER: You and Brighter Image Lab each agree that any dispute arising from the terms of this Agreement will be settled by arbitration and conducted only on an individual basis and not as a class, consolidated or representative action. To the fullest extent permitted by law, (a) no arbitration will be joined or consolidated with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Brighter Image Lab and/or you individually.

    If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Even if all parties have opted to litigate a claim in court, a party may elect arbitration by responding to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multiparty basis). Nothing in that litigation shall constitute a waiver of any rights under this Section. You and Brighter Image Lab each agree that any disputes seeking to enforce or protect or concerning the validity of intellectual property rights will not be subject to binding arbitration under this Section. In addition, pursuant to the Consumer Rules any party may proceed with their individual claims in small claims court if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s jurisdictional limits; but if that action is transferred, removed, or appealed to a different court, arbitration can be elected. If any portion of this Section is inconsistent with the Consumer Rules or other provisions of this Agreement, this Section shall govern. This Section shall survive termination of this Agreement and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. No portion of this Section may be amended absent a written agreement signed by all parties. If any portion of this Section is deemed invalid or unenforceable, it shall not invalidate the remaining portions in this Section, except that: (A) If the Class Action Waiver is limited, voided or found unenforceable, then this Section (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Section prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals gave been exhausted), the claim for public injunctive relief will be determined in court and any individuals claims for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have a preclusive effect in an arbitration between the parties to this Section.

    Limited & Qualified Disparagement Agreement: You agree that you will not, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, Brighter Image Lab or any of its directors, officers, Affiliates, subsidiaries, employees, agents or representatives (collectively, the "Brighter Image Lab Representatives") - without first ensuring that the communication in question meets the following criteria:

    • it is true and complete
    • it clearly divulges all details with regard to your failure to comply with the policies and procedures set forth in these terms and conditions
    • it does not harass, abuse, defame, threaten, make hateful or offensive statements about the company or company representatives
    • it includes the following quote:
      “Before purchasing, I was told that the final product would depend greatly on the quality of impressions I would provide - that I was partially responsible for the Veneers I would receive. I was fully informed of the ‘no cancelations’ and ‘no refunds’ policies. Despite these disclaimers, I still chose to retain Brighter Image Lab to design my Veneers. Even at the time of this posting, and as long as my case remains in compliance, Brighter Image Lab is still ready and willing to work with me to achieve the smile I desire. I have chosen to forgo their offer to satisfy me as a client and instead, air my grievances publicly.”

    You further agree that and information, images (such as videos or photographs), or other materials published to any Public or Private Communication medium displaying or regarding Brighter Image Lab, its products, or its employees, will automatically be granted use to Brighter Image Lab in a perpetual, royalty-free, irrevocable, non-exclusive right and license to reproduce, use, publish, modify, create derivative works, publicly display or distribute any such materials in any form, medium, or technology known now or later developed.

    Disparaging us in a manner inconsistent with these criteria is considered a breach of this agreement. This causes undue harm to Brighter Image Lab and our ability to conduct business. You agree to pay liquidated damages in the amount of $7,500.00 - or all costs and fees associated with the investigation, and mitigation of this action, including but not limited to all efforts and expenses required to restore and/or repair the reputation of Brighter Image Lab - whichever is greater.

    Lost Discount: You agree that your acceptance as a client as well as the discounted price you have been offered are conditional upon your agreement to these terms and conditions. As such, in the event that you are found in breach of this agreement, Brighter Image ab reserves the right to revoke your discount and charge you the full suggested retail price of $2,498 per arch (as based on a national average for similar services).

    Account Suspension/Termination: We reserve the right to suspend or terminate your account if at any time we determine that your case does not meet our criteria. Furthermore, if our sole discretion, we believe that you are in breach of this agreement or are acting inconsistently with the letter or spirit of this agreement, we reserve the right to suspend or terminate your account and all job/cases associated with it. In such a case, no portion of your payment will be refunded. We also reserve the right to suspend or terminate your account for any reason, other than a break of this agreement.

    Brighter Image Lab also reserves the right to alter the price of your transaction if it is determined that your case in not in alignment with our typical requirement. At this time you will be granted a refund if requested. If you desire to continue with the process, any and all additional payments must be paid in full before the case can proceed through the process.

    You acknowledge that Brighter Image Lab retains the right to make any and all decisions regarding the products or services being rendered and/or to cancel any agreement or work being done for any reason whatsoever. If your account is suspended or terminated, you agree to hold Brighter Image Lab blameless, regardless of circumstances.

    ELIGIBILITY REQUIREMENTS FOR NEW LIFE SMILE

    • By filling out an application, an applicant is not guaranteed to be chosen for a free smile.
    • Applicants must be at least eighteen years of age with at least six (6) teeth on the desired arch (upper and/or lower) whose lives will be changed by receiving a free smile makeover.
    • For best consideration, we strongly recommend that all applicants submit photos.
    • Selected Applicants will be contacted within ninety (90) days from the receipt of application. If an applicant is not contacted within ninety (90) days they can assume they were not selected.
    • Once the applicant has agreed to receive their free smile makeover, you accept being a client of Brighter Image Lab, as stated in the terms of this agreement.
    • By submitting an application, the entrant grants Brighter Image Lab an irrevocable, royalty-free, global license to use the entrants likeness, and any information submitted by entrant to us for any and all purposes.
    • Applicant acknowledges that they can be disqualified from the program at any time at the sole discretion of Brighter Image Lab.
    • Applicant acknowledges that the application process take up to ninety (90) days. Applicant agrees not to contact Brighter Image Lab to check on the status of their application. The applicant also agrees not to submit another application for our smile giveaway for at least ninety (90) days from the date of submission.

    CLIENT CONSENT AGREEMENT

    Before taking your own impressions, you acknowledge that you do not have any painful, loose, or decayed teeth. Further, if you are unsure about the health of your teeth now or at any time in the future, or if you experience any problems, you will discontinue use of anything provided to you by Brighter Image Lab, until you have consulted with your dentist. You understand that the Veneers are specifically designed as a cosmetic contrivance. You understand that its sole purpose is to enhance the appearance of your smile. You understand that Veneers only replace the appearance of smile issues. If you have a need that exceeds the appearance of your smile, you agree that you are not a suitable candidate for Veneers, as it is not suitable for any other use. You understand that Brighter Image Lab does not employ dental professionals, only design lab professionals. You understand that Veneers do not repair or replace teeth, and they are not designed for chewing or eating. You understand that while the materials used for this process frequently are safe, infrequent side effects can occur.. If you have any known chemical sensitivity or allergic reactions to any common ingredients, you must inform Brighter Image Lab in writing prior to placing your order.

    You understand and agree that you are required to submit two (2) separate digital photos of your full face and a full smile using the provided cheek retractor before the lab process can start. Without these photos, your case is Not in Compliance. We reserve the right to stop work on any case until photos have been submitted. You may be required to submit new photos, if, in our sole discretion, they are deemed to be unusable.

    By providing your consent as set forth above in this Agreement, you agree to the following:

    • You hereby request and authorize Brighter Image Lab (Appearing on your credit card statement as “Brighter Image Lab” or "Image Dental") and whomever they may designate as their assistant(s), to build and perform (from an impression that you take yourself) custom Veneers made to fit over your existing smile for cosmetic appearance only.
    • You, on behalf of yourself and your heirs, executors and administrators hereby release any and all claims, rights, liabilities, and causes of action, known or unknown, that you may have against Brighter Image Lab and his/her staff as well as M.S.C. Development Inc. and its officers, directors, employees, successors and assigns arising from or related to the manufacture, supply, development, and installation of a custom made cosmetic Veneers for your smile and any other procedure(s) that Brighter Image Lab performs in connection therewith.
    • You authorize the performance of additional procedures and changes of planned procedures if, in the judgment of "Design Lab", this will be necessary to improve your safety and the results contemplated by the procedure.
    • You agree to fully comply with all requirements of the Lab Direct Process. You understand that this is a dual responsibility and agree that you are equally responsible for the outcome of your Veneers. You understand that the Veneers will be made larger than your current teeth to fit over your existing teeth. You understand that, although unusual, unexpected complications or less than desired results can occur. You understand the Lab Direct Process is strictly making your Veneers to fit the model of the impression(s) you provided and that you may not be satisfied with the final result. We cannot and do not guarantee a perfect fit. Further, you agree that you may be required to use adhesive denture cream, in rare cases to correct fit issues. You agree to properly maintain your Veneers, including, without limitation, cleaning and drying the Veneers before applying any denture adhesive. You understand that if you have sensitive gums, a mild tingling or burning sensation may be felt occasionally.
    • You understand that this process may take between 30 and 90 business days (or more) from the date usable impressions are received and require you to return two (2) impressions of you top and/or two (2) impressions of your bottom arch along with at least two (2) separate digital photos of your full face and a full smile using the provided cheek retractor before the lab process can start. You understand Impression systems must be used within 30 days of receipt. Any system not used within 30 days of receipt will be considered abandoned and cannot be used. You understand that Brighter Image Lab does not guarantee any delivery date and is not sensitive to your life events. Additional impression systems will only be supplied at an additional cost.
    • You understand that excellent home care techniques, using a variety of aids, may add considerably to the successful outcome of your cosmetic smile device, and you understand it will be important for you to follow the home care instructions very carefully. You also understand that the Veneers are to be removed before sleeping for my personal safety as well as to extend the life of the product.
    • You understand that since these cosmetic Veneers are built to fit the impressions you supply and requires care and maintenance and that the manufacturer cannot control your actions, You AGREE to INDEMNIFY AND HOLD HARMLESS the manufacturer and its dealers for any damages which result from your use or misuse of theseVeneers. You also understand that these Veneers are designed solely as a cosmetic contrivance and are not designed to repair or replace teeth nor should they be used in chewing or eating. You accept responsibility for any use and, hereby, waive the right to claim loss or damage from its use.
    • You understand that effort will be made to make your smile appear as straight as possible with Veneers, but because of the existing position of your natural smile, which is not in perfect alignment, there is no guarantee that this can be accomplished. In addition, you understand that all purchases are non-cancelable and non-refundable, except where prohibited by law, and that the price you pay is to have your Veneers designed around your smile based on the impressions you send. You also understand that the Veneers will add bulk to your smile and that you will need to get used to the addition of the Veneers.
    • You agree that by accessing or participating in a Public Communication after purchasing from Brighter Image Lab, you will comply with all of the terms and conditions stated here; you will not harass, abuse, defame, threaten, make hateful or offensive statements to or about, use obscene or indecent language to or about, or submit images or other materials that violates the law to Brighter Image Lab, its products, or its employees. you also agree that you will not harass, abuse, defame, threaten, make hateful or offensive statements to or about, use obscene or indecent language to or about Brighter Image Lab, its products, or its employees to any Public Communication Medium. By providing any information, images (such as videos or photographs), or other materials to any Public Communication medium displaying or regarding Brighter Image Lab, its products, or its employees, you automatically grant Brighter Image Lab a perpetual, royalty-free, irrevocable, non-exclusive right and license to reproduce, use, publish, modify, create derivative works, publicly display or distribute any such materials in any form, medium, or technology known now or later developed.
    • Jurisdiction of this Agreement is governed by and shall be construed in accordance with the laws of the State of Texas. The Parties agree to submit to the exclusive jurisdiction of the courts in Fort Worth, TX. for all purposes relating to this Agreement.
    • You agree that by transmitting checking information electronically through e-commerce (online shopping cart), email, phone, or chat you agree it constitutes a legal signature of agreement and authorization for payment as per the Uniform Electronic Transactions Act ("UETA"). You agree to all aforementioned guidelines for Payment by Check.
    • You understand that by submitting an order electronically through e-commerce (online shopping cart), email, phone, or chat, you agree that either by submitting your assent through a check box, typing, or speaking authorization for a payment transaction, it constitutes a legal signature of agreement and authorization for payment as per the Uniform Electronic Transactions Act ("UETA") and that Brighter Image Lab and you are contractually bound to all terms and conditions listed in this agreement.

    CONTACT INFORMATION

    You may contact Brighter Image Lab via the following methods:

    Physical Address: Brighter Image Lab 2433 South University Drive Fort Worth, Texas 76109 USA

    Web Address: brighterimagelab.com

    Corporate Phone Number: 1.888.257.2455



    Modified Date: Dec 5, 2022

© 2023 Brighter Image Lab. All Rights Reserved.