CERTIFICATE OF LIMITED WARRANTY AND DISCLAIMER
Damage Control Mouthguards’ obligations hereunder shall be reduced by the amount of any insurance that is or may be collected, available, or payable for the damage, injury or liability claimed, regardless of the source of such insurance, and an initial claimant deductible of $175.00 (US). Damage Control Mouthguards may require any person making the warranty claim to assign any insurance policies, claims, payments, or proceeds to Damage Control Mouthguards as a condition of payment under this Dental Warranty. Damage Control Mouthguards may require the person making the warranty claim to grant Damage Control Mouthguards the right of subrogation to any insurance policies, claims, payments, or proceeds as a condition of payment under this Dental Warranty. This certificate does not provide payment or indemnity for orthodontic treatments or preparation of a tooth or teeth to be used as an anchor for a bridge. This Dental Warranty shall not apply to dental expenses necessitated by a preexisting dental or orthodontic condition.
iii. provide a radiograph (x-ray) of the injured or damaged tooth (or teeth) that was taken by the same dentist(s) within the six (6) months immediately prior to the date of the claimed damage or injury and that shows the injured or damaged tooth or teeth to be of sound dental structure and medical condition(s) and further shows no prior dental work was performed or damage was done to the tooth or teeth prior to the complained-of injury; and
vii. include a true copy of the explanation of any benefits from the dental and/or medical insurance carrier(s); and
Damage Control AthletiX, LLC
Attn: Damage Control Mouthguards
2424 Washington St
Albuquerque, NM 87110
The address above is subject to change without prior notice. Any change in such address shall be located in the “Contact Us” section of our website located at www.dcmouthguards.com. Upon the occurrence of any such change, the new address listed on our website shall be deemed the correct address for notice of any and all claims under this Dental Warranty.
This Dental Warranty is made in lieu of all other warranties, express or implied, including but not limited to any warranty of fitness for a particular purpose, warranty of non-infringement, any implied warranty arising out of a course of a dealing, custom, usage or trade, or any warranty relating to third party services. Except as is otherwise expressly provided herein, Damage Control Mouthguards disclaims all liability for loss, injury or damage based upon negligent design and/or manufacture or defects in materials and workmanship for the within product and any product to be delivered under separate cover, if applicable. Damage Control Mouthguards disclaims all liability for loss, injury or damage arising out of any claim related to or arising out of dealings with affiliated dental professionals and their employees.
The terms and conditions under this Dental Warranty are subject to change without prior notice. This Dental Warranty shall only cover products (namely, custom mouthguards) manufactured by Damage Control Mouthguards using dental impressions created with a Damage Control Custom Impression Kit. This Dental Warranty shall not cover any product not manufactured by Damage Control Mouthguards or any product modified in any way after such product has shipped to a customer, except for modifications resulting from natural use (i.e. wear and tear). Modifications made by Damage Control Mouthguards or an affiliated dentist at the direction or request of a customer for any reason whatsoever may void this Dental Warranty. This Dental Warranty shall not cover any Damage Control Mouthguards products obtained through a sponsorship, direct or indirect, in whole or in part, of any individual, team or company by Damage Control Mouthguards. Damage Control Mouthguards may postpone any and all payments under this Dental Warranty for up to one (1) year from the date Damage Control Mouthguards rules a claim to be valid and payable. Damage Control Mouthguards shall have the exclusive right to make any and all payment(s) to a claimant under this Dental Warranty in monthly installments not to exceed $100.00 (US). Any written statement(s) required to be provided by a claimant under this Dental Warranty must be executed and acknowledged by a notary public and initialed by claimant on every page submitted to be valid and properly submitted under this Dental Warranty.
SEVERABILITY. In the event that any of the covenants herein contained shall be held unenforceable or declared invalid for any reason whatsoever, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of this Dental Warranty and such unenforceable or invalid portion shall be severable from the remainder of this Dental Warranty.
CAUTION: ANY ATTEMPT BY A CLAIMANT TO FILE A FALSE CLAIM UNDER THIS DENTAL WARRANTY OR UNDERMINE THE LEGITIMATE OPERATION OF THE DENTAL WARRANTY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, DAMAGE CONTROL MOUTHGUARDS RESERVES THE RIGHT TO SEEK DAMAGES, LEGAL FEES AND COSTS FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW. Any dispute relating in any way to your visit to Damage Control Mouthguards or to products you purchase through Damage Control Mouthguards shall be submitted to confidential arbitration in Albuquerque, New Mexico, except that, to the extent you have in any manner violated or threatened to violate Damage Control Mouthguards' intellectual property rights, Damage Control Mouthguards may seek injunctive or other appropriate relief in any state or federal court in the State of New Mexico, and you consent to exclusive jurisdiction and venue in such courts. The laws of the State of New Mexico shall govern this Dental Warranty. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.