This website is operated by Damage Control AthletiX, LLC (“Damage Control”). Throughout the site, the terms “we”, “us” and “our” refer to Damage Control. We offer this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink (collectively, the “Agreement”). This Agreement, and the Terms of Service herein, applies to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features, tools, or products which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products which you purchase from our site (the “Products”) for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. 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.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect this Agreement and these Terms of Service.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this 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.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain Products or services may be available exclusively online through the website. These Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy set forth inSection 6.
We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this site is void where prohibited.
Except as specifically stated by us, we do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – RETURN POLICY
When buying a Custom Fit Mouthguard Product, we will send you an Impression Kit containing two impression systems, which give you two attempts at correctly doing your impression. Read all instructions carefully and watch Damage Control's instructional video here.
If your impressions are done incorrectly you will have to order another Impression kit for $25.
If you choose to not order another Impression Kit, but instead choose to have your money refunded, we will refund money for Custom Mouthguard cost minus the Impression Kit and Shipping costs.
We DO NOT provide refunds for custom Products. For non-custom Products, we will provide a full refund if the return is made within thirty (30) days of purchase, for non-sale items. For sale items, or any item returned after thirty (30) days from the date of purchase, we offer a store credit for the full amount of the returned item(s).
To be eligible for a return, the item you are returning must be unused and in the same condition that you received it. It must also be in the original packaging. Send an email to firstname.lastname@example.org with your name or order number, and we will email you a return label to send the item back to our store.
If you are outside of the US, all returns must be sent to the following Address:Damage Control AthletiX, LLC. Attn: Damage Control Mouthguards. 2424 Washington St. Albuquerque, NM 87110, USA. Customers are responsible for shipping for out of the country returns.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree 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.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - 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 is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality 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 Service or any related website. 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.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, custom or course of dealing, usage or trade, title, and non-infringement.
except as exprssly stated by us, Damage control disclaims all liability for loss or damage based opon negligent design or defects in materials and workmanship for the Products.
In no case shall Damage Control, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Damage Control and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Agreement, these Terms of Service, or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – LIMITED PRODUCT WARRANTY
Subject to Section 14-Disclaimer of Warranties; Limitation of Liability, 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 hereby warrants that the Warranty Products purchased hereunder to be free from defects in material and workmanship which could cause damage or injury to the sound, natural tooth or teeth of the Purchaser when used properly in a supervised athletic contest or coach-supervised training session.
This Limited Warranty applies to each specific “incident”. We define an “incident” as follows: Dental or tooth injuries that occur during the same athletic contest or coach-supervised training session, regardless of the number of rounds, practices, breaks, contests, and/or fights that occur during such athletic contest or training session and regardless of whether the damages or injuries are separated in time or occurrence or are the result of one or more rounds, contests, and/or fights involving one or more partner(s) or opponent(s) and/or the same or different partner(s) or opponent(s).
A breach of this Limited Warranty only covers injured or replaced teeth that were actually covered by this Limited Warranty at the time of the applicable incident(the “Covered Teeth”), and does not cover teeth with previous conditions, defects, dental work, injuries, or any issues that may weaken the teeth. This Limited Warranty does not provide payment or indemnity for orthodontic treatments or preparation of a tooth to be used as an anchor for a bridge.
This Limited Warranty shall cover the following specific amounts, by specific Warranty Product, as identified below:
$781.25 (US) per injured or replaced tooth, up to a maximum total liability of $25,000 per “incident” for the following Products: Custom Fit.
$468.75 (US) per injured or replaced tooth, up to a maximum total liability of $15,000 per “incident” for the following Products: Extreme Impact.
$312.50 (US) per injured or replaced tooth, up to a maximum total liability of $10,000 per “incident” for the following Products: Lip Protector; Grip Guard; High Impact.
Notwithstanding the foregoing, our obligations under this Limited Warranty shall be reduced by the amount of any insurance or litigation recovery payments that the Purchaser receives or may claim for the Covered Teeth. We may require the Purchaser making the Limited Warranty claim to assign any insurance policies, claims, payments, or proceeds to Damage Control as a condition of payment under this Limited Warranty. We may also require the Purchaser making the warranty claim to grant us the right of subrogation to any insurance policies, claims, payments, or proceeds as a condition of payment under this Limited Warranty
To be eligible for a claim pursuant to this Limited Warranty, the following procedures must be followed by the Purchaser within twenty (20) days after the occurrence of the injury or damage (the “Notice Period”).
We must receive a complete written notice of the injury or damage (the “Notice”). The Notice must include:
Shipment to us of the applicable Warranty Product, which upon return receipt shall become the exclusive property of Damage Control.
The original proof of Purchase.
A statement by Purchaser that the applicable Warranty Product was unaltered and fitted by the Purchaser in strict accordance with the printed instructions accompanying their purchase of the Warranty Product.
A statement from a licensed dentist providing dental treatment to the Covered Teeth that in their professional opinion the injury or damage to the Covered Teeth occurred while Purchaser was wearing a Warranty Product.
A copy of a radiograph (x-ray) of the Covered Teeth, which must include an image of the surrounding teeth.
If requested by us, a statement by a participating game official if the injury or damage occurred during a supervised contest, or by a supervising coach or school superintendent, if at a practice session, that the Warranty Product was in proper use at the time of the injury or damage.
An itemized list of the actual dental costs incurred by Purchaser.
A true copy of all the submitted dental and medical insurance claim forms that relate to the Covered Teeth and the dental work that was performed.
A true copy of the explanation of any benefits from the dental and/or medical insurance carrier(s).
Before the end of the Notice Period, all required documentation, as set forth above, must be received by us at the following address:
Damage Control AthletiX, LLC Attn: Damage Control Mouthguards 2424 Washington St.
Albuquerque, NM 87110
The Damage Control address 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 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 Limited Warranty.
This Limited Warranty shall not cover any Products obtained through a sponsorship, direct or indirect, of from any individual, team, or company other than Damage Control. The terms of this Limited Warranty are subject to change without prior notice.
We may postpone any and all payments under this Limited Warranty for up to one (1) year from the date we determine a claim to be valid and payable. We shall also have the right to make any and all payment(s) to a claimant under this Limited Warranty in monthly installments not to exceed $100.00 (US) per month.
SECTION 17 - SEVERABILITY
If any provision of this Agreement and these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - GOVERNING LAW & DISPUTE RESOLUTION
This Agreement and any separate agreements whereby we provide you Services or Products shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to any conflict of law principles. Any dispute relating in any way to the Services or to Products shall be submitted to confidential arbitration in Albuquerque, New Mexico, United States, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, in which case we may seek injunctive or other appropriate relief in any state or federal court in the State of New Mexico, United States, and you consent to exclusive jurisdiction and venue in such courts. 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.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of this Agreement and these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any other policies or operating rules posted by us on this site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).