Terms and Conditions MGS 12 06 2016

These terms and Conditions below are to be posted on MGS effective immediately

TERMS & CONDITIONS
The terms and conditions set forth on this document (the 'terms') and in the instructions for use and care delivered with any product plus any written agreement executed by buyer and the MouthGuard Store (MGS) ("the Agreement") constitute the entire agreement between MouthGuard Store, by and on behalf of its subsidiaries and affiliates, MouthGuard Store and buyer and or User ("Buyer"). The MouthGuard Store will not be bound by any additional or different terms on buyer's order or other documents that are inconsistent with these terms.
The Buyer agrees to follow all instructions and warnings issued by MGS posted on its website and in product descriptions. Acceptance by Buyer of these terms is made at the time of order submission. In all descriptions, herein the Buyer and User are assumed to be the same person.
Refer to your specific product for additional details.

USER RESPONSIBILITY
The adult user of these devices has read and will comply with all product descriptions, directions, warnings, packing information, user agreements and other information supplied to user or available from this website regarding application and use of this device. The adult user of this device will truthfully complete any required screening questionnaire and seek appropriate medical or dental assistance as prescribed or suggested by MGS. If the user already has a prescription for this device, he/she will forward same to info@MouthGuardStore.com for processing. The user understands that optimal performance of these products may require medical or dental supervision.

INDICATIONS, WARNINGS and PRODUCT USE
None of the sold products are intended for human consumption. The appliances and products purchased through the MGS have specific uses and the Buyer and or User shall review all the indications, instructions, and warnings included with the product and on the product description located on the website and seek professional advice as necessary. The Buyer shall ensure that use of the appliance occurs strictly in accordance with the instructions and any warnings on the label and website. All information appearing in product descriptions or on the MGS website is provided "AS IS" and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. MGS provides no warranty with respect to the contents of its documents or website or with respect to the products and/or services sold hereunder, except those products directly manufactured and sold by MGS. These devices are provided non-sterile
Sleep mouthpiece products
Certain snoring mouthpiece products should not be used by persons with asthma, emphysema, COPD, central sleep apnea or severe respiratory disorders. If the user has or suspects any form of obstructive sleep apnea, he/she will consult with their medical provider regarding the supervision and use of this device. If the user suspects that he has loose teeth, advanced periodontal disease, TMJ (Jaw joint pain) or other dental problems he/she will consult a dentist before using this device. A medical and or dental evaluation is recommended before using this device. Use of this device may cause temporary dental problems including increased salivation or possible mouth breathing. If the user experiences ongoing TMJ pain, gum irritation, bite problems, loose teeth or other dental problems he/she will discontinue use of the device and seek appropriate dental or medical help



ORDER DETAILS
Buyer will submit orders for products and services through the MGS online ordering system located at http://mouthguardstore.com or other methods acceptable by MGS. These Terms apply to all orders for products and services accepted by MGS. Acceptance of Buyer's order by MGS will be made only on the express understanding and condition that insofar as these Terms conflict with any terms and conditions in Buyer's order, these Terms shall govern. No order shall be binding upon MGS until MGS sends Buyer confirmation of such order through electronic mail, facsimile, or other written communication. Buyer acknowledges responsibility for balance due regardless of form of payment used with transaction.
Promotional Offers
Certain “Limited Time” offers may be offered from time to time. Please review those details at the time of the offer. Those offers are not transferrable to future orders or orders made from other affiliated sites. Substitutions for expired offers are not available.

SHIPPING
Processing your order
MGS will normally process and ship via the United States Postal Service (USPS) First Class shipping within one-three business days of a completed order. Order submissions are determined to be complete only after the user agreement is successfully completed and payment is processed. An electronic invoice will be sent to the purchaser with details of each charge including, price, applicable sales tax and shipping charge and USPS Tracking if available.
SHIPPING Methods
USPS tracking is available for all orders purchased. You agree that MGS is NOT liable for any delay in shipping. You agree and understand that shipping is done only thru the days of Monday thru Friday (excepting legal US holidays). You agree that we will not refund any shipping costs for any item that has been sent to an incorrect address provided by the buyer or gift recipient.
Standard Shipping: USPS First Class
Standard shipping delivery usually requires 2-5 days for delivery.
USPS PRIORITY MAIL
This service is not currently available
USPS EXPRESS 2 DAY
Delivery, will occur overnight to most US locations. Order must be placed before 12:00 noon EST.
USPS INTERNATIONAL SHIPPING
This service is available from USPS to most countries. If your country is not listed, contact orders@mouthguardstore.com


PRODUCT WARRANTY, TECHNICAL HELP and RETURN INFORMATION
WARRANTY
Specific warranty information regarding your product is available on line or with the packaging. Most products offer a 30-day trial period. Certain other devices offered by the MGS may not be returnable. Please see individual product descriptions on the product or website page for specific warranty information.

TECHNICAL HELP
Refer to the FAQs for your individual product or send an email to info@mouthguardstore.com

RETURN INFORMATION
Contact info@mouthguardstore.com for RETURN instructions and authorization. Only your email contact will initiate the authorization process.
30-Day return policy (if your product allows a 30-day trial)
Return the entire contents of your package.
Ship the RETURN within 30 days of the actual order placement via United States Postal Service (USPS) only. No other shipper is authorized.
Send Return USPS tracking to info@mouthguardstore.com at the time of the Return shipment. This assures proper processing and RMA authorization for refund.
Buyer is responsible for return shipping costs and initial shipping or Trial costs are not refundable.
Supply the actual email name used to purchase the product and order number.
Describe in full your reason for the return (FDA requirement)
Refunds or credits are typically posted at the end of the month.
Ship Return to:
MouthGuard Store
PO Box 551122
Ft. Lauderdale, FL 33355
USA

INDEMNITY
Buyer shall indemnify, defend, and hold harmless MGS and its employees, agents, successors, officers, managers, members and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that MGS may sustain or incur arising from (a) Buyer’s improper use of the products (including without limitation to storage, handling, and transportation of products), (b) use of the products by a third party with Buyer’s authorization, (c) use of the products by a third party without Buyer’s authorization, where such unauthorized use is due to Buyer’s negligent act or omission, or willful misconduct, (d) Buyer’s failure to comply with any applicable laws and regulations or to obtain any licenses or approvals necessary to purchase and use the products, (e) the Buyer’s breach of any of its obligations set forth in these Terms, in the Instructions for Use and Care or in any Agreement, or (f) the User’s failure to comply with all stated device indications, warnings or responsibility requirements. MGS will provide Buyer with: (i) prompt written notice of such claim of which MGS is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Buyer’s expense to settle and/or defend any such claim. Notwithstanding the foregoing, Buyer shall not settle any such claim, suit or proceeding without the written consent of STM which shall not be unreasonably withheld.
MGS makes no other warranty, express or implied, with respect to the MGS website or the products and services sold hereunder. MGS expressly disclaims the implied warranties of merchantability, non-infringement, and fitness for a particular purpose.

LIMITATION OF LIABILITY
MGS shall not be liable for costs of procurement of substitute products or services, nor for any loss of business, loss of use or of data, interruption of business, lost profits or goodwill, or other indirect, special, incidental, exemplary or consequential damages of any kind arising out of any agreement, even if STM has been advised of the possibility of such loss, and notwithstanding any failure of essential purpose of any limited remedy. This exclusion includes any liability that may arise out of third party claims against buyer. STM total liability under any agreement with respect to any product or service sold hereunder shall in no event exceed the price paid by buyer for such product or service.

TRADEMARKS
The MGS website contains other third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in MGS website including copyright, trademarks, trade secrets and patent rights are reserved. Access to the MGS website does not constitute a right to copy or use any of the third parties’ intellectual property of MGS or its suppliers. Statutory notice contained herein represents trademark status in the United States.

COPYRIGHT
All materials contained on MGS website are subject to the ownership rights of the MouthGuard Store. You may for personal or other learning purposes copy content. However, in no circumstances are you permitted to display the content for commercial use or claim ownership of the information or be subject to copyright infringement. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein.


SUBMISSIONS
All remarks, suggestions, ideas, graphics or other information communicated to MGS will forever be the property of MGS. Unless otherwise specified in writing, all material submitted to MGS will be presumed to be public and MGS will not be required to treat the information as confidential. MGS shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information.

USE OF THIS WEBSITE
MGS reserves the right to modify any programs, policies, information, products and services offered by MGS or contained on the MGS website at any time and without notice to Buyer. These Terms and performance by the parties hereunder shall be construed in accordance with the laws of the State of Florida, without regard to provisions on the conflicts of laws. Buyer and MGS consent to the exclusive venue in, the state and federal courts of the State of Florida. Buyer shall not assign (a) any order for products and/or services placed through MGS website or telephone ordering system, or (b) any interest in or any rights under such order, without the prior written consent of MGS. These Terms, the Instructions for Use and Care and any Agreement constitute the entire agreement between MGS and Buyer and supersede all previous communications, representations and agreements, whether oral or written, between Buyer and MGS with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and MGS. The failure by MGS to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions. If any provision of these Terms shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms.

The MGS Site may contain links to web sites that are not operated or controlled by MGS. These links are provided for your reference and convenience only and do not imply any endorsement of the activities of these third party web sites nor any association with their operators. By using the Site, you are agreeing to the collection, use, and disclosure of your personal information as described in this Online Privacy and Security Policy outlined above. If you do not consent to the collection, use, and disclosure of your personal information as described in this Online Privacy and Security Policy, you may not use our Site. We reserve the right to change this Online Privacy and Security Policy and any Privacy Notice, by posting the revised version of this Online Privacy and Security Policy on our Site from time to time. MGS does not warrant that operation of MGS online will be uninterrupted or free from errors, that defects will be corrected or that MGS website or its server are free of viruses or other harmful components.

QUESTIONS REGARDING TERMS AND CONDITIONS
Any questions regarding STM Terms and Conditions should be directed to info@mouthguardstore.com