Terms of Service

Terms of Service

Effective Date of Current Terms of Service: October 19, 2016

Please read these Terms of Service carefully before using www.grindguardPM.com (hereinafter the “Site”) and the services, content, or products offered by the Site (together with the Site, the “Services”).  When you use the Services, you are agreeing to these Terms of Service and any other policies and notices on the Site (the “Terms”).  If you do not agree to these Terms, please do not use the Site.  Except where stated otherwise, the terms “GrindguardPM”, “we”, “us”, or “our” used on the Site shall be deemed to include Nightguard Laboratories. Inc. and its subsidiaries and affiliates. Nightguard Laboratories, inc. reserves the right, at its discretion, to modify, add or remove portions of these terms and conditions at any time. Please check these terms and conditions periodically for changes. Your continued access or use of the Site shall be deemed your acceptance of these changes. These Terms set forth the legally binding terms and conditions for your use of the Site and the Services.

 

Nightguard Laboratories and Sportsguard Laboratories technicians have the sole right to reject any impressions as unsuitable for GrindGuardPM fabrication.  If you complete the impression process and either you deem not to go forward with the product or if when your impressions are returned they deemed unsuitable, a refund can be granted less $30 for the cost of materials used.  Replacement impression kits are available for an additional $20.  Please see warranty for information on returns for GrinGuardPM after they have been fabricated.

 


 

ELIGIBILITY

We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Services.  If you are under age 18, you may not, under any circumstances or for any reason, use the Services.  You can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules, and regulations that apply to you.

Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

 


 

ACCOUNTS

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 


 

CONTENT

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting there from. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

 


 

USE LICENSE

Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

 


 

AVAILABILITY OF CONTENT

We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.

 


 

SUBMISSIONS

Nightguard Laboratories, Inc. welcomes comments regarding our products and the Site. You may post reviews of products or services, comments, suggestions, or other material (“Submissions”) so long as the content of your Submission is not unlawful, threatening, abusive, defamatory, invasive of privacy, fraudulent or otherwise objectionable or injurious to Nightguard Laboratories, Inc. or any third parties. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. Nightguard Laboratories, Inc. reserves the right (but not the obligation) to monitor, edit and remove any Submission at our sole discretion. By posting or sending us any Submission, you grant Nightguard Laboratories, Inc. and its subsidiaries a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media.

 


 

THIRD PARTY SERVICES

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

 


 

PRODUCT INFORMATION, AVAILABILITY AND DELIVERY

Nightguard Laboratories, Inc. makes no guarantee as to the availability of any products or items described on the Site and some products may not be available due to space limitations, unavailability of supply or for other reasons. All prices are shown in US dollars, before any applicable tax. Nightguard Laboratories, Inc. reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request.

All products will be delivered to the address that you indicate during the order process and the risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS). Any times quoted for delivery are approximate only and Nightguard Laboratories, Inc. makes no guarantee regarding the quoted delivery times.

Specifications on the Site of the products to be supplied by Nightguard Laboratories, Inc. are intended only to give a general description of the products. Nightguard Laboratories, Inc. does not warrant the accuracy of any specifications, pricing, warranty or other product information contained on this Site. Nightguard Laboratories, Inc. reserves the right to change, at any time, the specifications, pricing or any other product information contained in this Site. Without limiting the generality of any other terms and conditions on this Site, Nightguard Laboratories, Inc. does not accept liability for any errors or omissions which may be found on this Site or for the unavailability of any product or for delay in delivery of any products howsoever caused.

 


 

WARRANTY DISCLAIMER

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

You release Nightguard Laboratories, Inc. from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.  The Content of this Site is intended for educational and entertainment purposes only.  Such Content is not intended to, and does not, constitute legal, professional, medical or health care advice or diagnosis, and may not be used for such purposes.

 


 

LIMITATION OF LIABILITY

SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCE, INLCUDING NEGLIGENCE, SHALL PRO TEETH GUARD BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRO TEETH GUARD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 


 

INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Nightguard Laboratories, Inc., our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney’s fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Services, or the Content, or any violation by you of these Terms of Service. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 


 

GOVERNING LAW AND JURISDICTION

Any dispute between you and Nightguard Laboratories, Inc. will be governed by these Terms and the laws of the State of Ohio and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

 


 

TERMINATION

Nightguard Laboratories, Inc. reserves the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.

 


 

ENTIRE AGREEMENT AND SEVERABILITY

These Terms of Service are the entire agreement between you and Nightguard Laboratories, Inc. with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights here under.

 


 

NO WAIVER

Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

 


 

CONTACT

You may contact us at the following address:

Nightguard Laboratories, Inc.
821 W. Main St.

Kent, OH 44240
United States

 


 

GENERAL

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.