Subject to Section 14-Disclaimer of Warranties; Limitation of Liability in our Terms of Service, we offer a specific limited Product warranty (the “Limited Warranty”) on mouthguard products only (the “Warranty Products”). This Limited Warranty sets forth the exclusive remedy for any recovery and extends only to an original purchaser who is also the exclusive user of a Warranty Product (“Purchaser”), subject to the specific terms set forth below.
This Limited Warranty shall extend for a period of one (1) year from the date the Warranty Products were purchased, and NOT from the date the Warranty Products were received or used.
The amount available pursuant to any claim under this Limited Warranty, and our maximum total liability, is customized to each individual Warranty Product as set forth below in subsection 4 of this Section 16.
By their nature, sports and related activities are dangerous. In purchasing the Warranty Products, the Purchaser assumes all risks entailed in their sports activities and acknowledges that we cannot guarantee and are not providing any guarantee or warranty that the Purchaser will be protected from injury. The Warranty Products are being sold to the Purchaser based on this understanding. By purchasing a Warranty Product, you are stating that you are in explicit agreement with this understanding in terms of the personal risks of injury that you personally assume.
Always check your Warranty Products for proper fit, wear, or damage before using. Do not use the Warranty Products if problems are detected.
Purchaser modifications to the Warranty Products, other than the original modeling process, may adversely affect its performance and or comfort. Accordingly, this limited warranty will not apply, and is void, if the Warranty Products are stretched, trimmed, or otherwise altered or misued, or used outside of a supervised contest or coach-supervised training session. in addition,We are not responsible for damage arising from normal wear and tear; failure to follow instructions relating to use; loss or theft; disassembly or alterations; accident, abuse, misuse, or other external causes; or exposure to liquids, extreme thermal conditions, or other environmental conditions.
CAUTION: ANY ATTEMPT BY A CLAIMANT TO FILE A FALSE CLAIM UNDER THIS LIMITED WARRANTY OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE LIMITED WARRANTY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES, LEGAL FEES, AND COSTS FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Damage Control AthletiX, LLC
Attn: Damage Control Mouthguards
2424 Washington St.
Albuquerque, NM 87110