Your cart is empty.

0

Added!

TERMS OF SERVICE

So now down to the nitty-gritty of our site - the terms of service. By agreeing to these terms, we are assuming that you have thoroughly read this entire document of legal jargon. Yes from start to finish. If you get through it without falling asleep, we applaud your efforts. If you do happen to fall asleep, we hope you have your recovery guard in and sleep well my friend! Now onto the important stuff…

OVERVIEW

This website is operated by GuardLab. Throughout the site, the terms “we”, “us” and “our” refer to GuardLab. GuardLab offers this website, including all information, tools 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. These Terms of Service apply 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 or tools, 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 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 these Terms.
 

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

Prices for our products are subject to change without notice.

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 and Services (if applicable)

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 Warranty Policy and Return and Exchange Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store (excluding items that have been manipulated in the Configurator). 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 anytime without notice, at the sole discretion of us. 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.

We reserve the right to reject any customizations on personal mouthguards, including any of the following (but not limited to):

  • Profanity or anything vulgar
  • Inappropriate Slang
  • Insulting or discriminatory content
  • Any content that violates another party's trademark or intellectual property rights (such as words, phrases, celebrity names, professional sports teams, logos and even certain color combinations when used with particular words or geographic designations)

Warranty Policy
If the mouthguard product wears thin, tears or breaks at any time within 12 months of purchase, discontinue use and contact us right away. You will need to send in the defective mouthguard in order to be eligible for a replacement.  We are not responsible for any shipping or handling costs for returning the product. Lost guards are not eligible under the Warranty Policy. 

Return and Exchange Policy
Given the custom-made nature of some of our products, sales are considered non-refundable unless we cancel your order and the product was not manufactured.   If the issue does not fall under our Warranty Policy, we should be notified within 14 business days, and the original guard should be returned untampered to be eligible for an exchange.   Unsatisfactory guards may be returned for a replacement guard within 30 days. Lost guards are not eligible for a replacement. We are not responsible for any shipping or handling costs for returning the product.

Custom Design Policy
The online Configurator is a visual rendering tool to assist in the design placement of certain images or text. The Configurator may adjust or re-size text, flags or logos to compensate for different size specifications of certain images or text.    We understand that some images or fonts may appear bigger or smaller within the Configurator than on the actual final product.   We will do our very best to interpret custom personalizations to the best of our ability and we reserve the right to refuse, within reason, to provide a replacement for purely cosmetic reasons.   We reserve the right to charge additional fees for any design work that requires significant explanation plus additional materials or labour costs to complete, at our sole discretion.

Product Disclaimer
Protection and Performance Guards are intended for use in sports activities. By their nature, sports activities are dangerous. In purchasing this product, the user assumes all risks entailed in the sports activities and acknowledges that GuardLab, Inc. cannot guarantee and are not providing any guarantee or warranty that the use of this product will protect the user from injury. This product is being sold to the user based on the foregoing. Always check equipment for proper fit, wear, or damage before using. Do not use if problems are detected. User alterations to this product may adversely affect its performance and/or comfort. Protection and Performance Guards should not be worn or substituted for a prescribed bruxism guard or nighttime appliance. Your selected dentist providing a digital scan of your teeth for fabrication of the appliance assumes no responsibility for any preexisting dental related condition(s) unless you request a separate comprehensive clinical and radiographic dental examination.


    Section 6 - 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. In the event that 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 7 – Optional Tools

    We may provide you with access to third-party tools over which we neither monitor, 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 8 – 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 9 – User Comments, Feedback and Other Submissions

    If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

    We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms 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 10 – Personal Information

    Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.

    Section 11 – 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 12 – 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 13 – 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, title, and non-infringement.

    In no case shall GuardLab, 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 14 – Indemnification

    You agree to indemnify, defend and hold harmless GuardLab 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 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 15 – Severability

    In the event that any provision of 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 16 – 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 17 – Entire Agreement

    The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

    These Terms of Service and any 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).

    Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

    Section 18 – Governing Law

    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York.

    Section 19 – 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 20 – Contact information

    If after reading this document you still have questions about the Terms of Service, please send us an e-mail at [email protected]


    PRIVACY POLICY

    Here at GuardLab, your privacy is one of our top priorities and we are committed to ensuring your privacy is protected so this policy sets out how we use and protect any information that you give us when you use our website.

    If we ask you to provide certain information so that you can be identified when using this website, then please rest assure that it will only be used in accordance with this privacy statement.

    One thing to note, GuardLab may change this policy from time to time. If this should happen, we will be updating this page so you might want to check back to ensure that you are happy with any changes. This policy is effective from 01/01/2016.

    So you are probably thinking - what do we actually collect? Well all sorts of information including the following:

    • Your name and job title (if needed)
    • Contact information including email address
    • Type of sports and/or activities you engage in
    • Your gender and age category (17 and under or 18 and over)
    • Demographic information such as postcode, preferences and interests
    • Other relevant information to customer surveys and/or offers

    And once we collect all of this info, your next question is probably - what you going to do with it?

    First and foremost, we want to be able to provide you with the best possible product and services so this information will be used to understand you and your specific needs better. Additionally we need it for the following reasons:

    • We may need it for internal record keeping
    • We may use the information to improve our products and services.
    • We may periodically send promotional email about new products, special offers or other information, which we think you may find interesting using the email address, which you have provided.
    • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
    • We may use the information to customize the website according to your interests.
    • We may provide your information to our third party partners for marketing or promotional purposes.

    Note we will never sell your information (no matter how much someone offers us)

    Is your information secure?

    Absolutely. We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable procedures to safeguard and secure the information we collect online.

    Do we use cookies?

    First you probably want to know - what is a cookie? A cookie is a small file, which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

    We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to your needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Promise.

    Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find beneficial and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

    You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you though from taking full advantage of our website.

    Do we link to other websites?

    Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information, which you provide while them, and these other sites are not governed by this privacy policy. You should always exercise caution and look at the privacy statement for each website before use.

    You might be thinking that all of this sounds great, but how do you control your personal information then on our site?

    You may choose to restrict the collection or use of your personal information in the following ways:

    You may request details of personal information, which we hold about you under the Data Protection Act 1998. If you would like a copy of the information held on you please write to [email protected].

    If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

    We're committed to keeping you protected, always.  Should you find the product to be defective, you will need to send in the defective mouthguard in order to be eligible for a replacement.

    If your mouthguard wears thin, tears or breaks at any time within the first year, discontinue use and contact us right away.

    Email us at [email protected] or call 888.818.4522 and we will ensure you are satisfied with your purchase!