WARRIOR MOUTHGUARDS WEB SITE TERMS OF USE

ATTENTION: PLEASE READ THESE TERMS (“TERMS”) CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

Use of Site. Unless otherwise specified, the WARRIOR MOUTHGUARDS, LLC (“WARRIOR MOUTHGUARDS”) Website is for your personal use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from this Website. WARRIOR MOUTHGUARDS authorizes you to view and download the materials at this Web site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Web site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Web site are copyrighted and any unauthorized use of any materials at this Web site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Web site automatically terminates and you must immediately destroy any downloaded or printed materials.

IMPORTANT NOTICE FOR AMATEUR ATHLETES.  YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF OR PARTICIPATION IN THE ACTIVITIES OF THIS WEB SITE DOES NOT AFFECT YOUR ELIGIBILITY AS AN AMATEUR ATHLETE. PLEASE CHECK WITH YOUR AMATEUR ATHLETIC ASSOCIATION FOR THE RULES THAT APPLY TO YOU. WARRIOR MOUTHGUARDS IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE WEB SITE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.

Physical Activity Notice.  The WARRIOR MOUTHGUARDS Web Site may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. WARRIOR MOUTHGUARDS is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Web site.

User Submissions. Other than personally identifiable information, which is covered under the WARRIOR MOUTHGUARDS Online Privacy Policy, any material, information or other communication you transmit or post to this Web site will be considered non-confidential and non-proprietary (“Communications”). WARRIOR MOUTHGUARDS will have no obligations with respect to the Communications. WARRIOR MOUTHGUARDS and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Web site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Product Orders.  All orders placed through the Web site are subject to WARRIOR MOUTHGUARDS acceptance. This means that WARRIOR MOUTHGUARDS may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, WARRIOR MOUTHGUARDS will issue you a refund.  Please see our Return Policy for terms and conditions.

Shipping and Processing.   Allow 2 – 3 days processing time for Custom (Design Your Own) mouth guards for graphic set up and application.  Most products ship same to next day after purchase.  Products are shipped via USPS at the rate chosen upon checkout.   Estimated transit times:  Free Shipping allow 3 – 10 business days,  Standard USPS allow 2 -7 business days,  Priority Flat Rate allow 1 – 3 business days, Expedited (Priority Express Flat Rate) 1 – 2 business days.    All orders will receive a tracking number. WARRIOR MOUTHGUARDS is not held liable for lost or stolen merchandise during transit. WARRIOR MOUTHGUARDS will assist in filing claims with the post to resolve any issues that may arise during transit.

Eligibilty and Registration To become a member of the WARRIOR MOUTHGUARDS Web site, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Web site. This Web site is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Web site. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

No Unlawful or Prohibited Use. As a condition of your use of the WARRIOR MOUTHGUARDS Web site, you warrant to WARRIOR MOUTHGUARDS that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this Web site in any manner which could damage, disable, overburden, or impair this Web site or interfere with any other party’s use and enjoyment of this Web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Web site.

User Generated Content.  “User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Web site, except to the extent the Content is owned by WARRIOR MOUTHGUARDS.  The Web site  is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Web site or accept payment from a third party in exchange for your performing commercial activity on the Platform. Do not post any User Generated Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.” Do not use automated scripts to collect information from, or otherwise interact with, the Web site.  Do not impersonate any person or entity, including without limitation athletes or ILL GRILLS employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one WARRIOR MOUTHGUARDS account, register a WARRIOR MOUTHGUARDS account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person’s account, username or password.  You promise that you own or control all rights in any User Generated Content that you post on the Platform. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant WARRIOR MOUTHGUARDS all of the license rights granted in these Terms of Use.  Do not post any User Generated Content, take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform security technology or software.

Warranty Disclaimer. WARRIOR MOUTHGUARDS is not responsible or liable for any User Generated Content or other Content posted on the Web site or for any offensive, unlawful or objectionable content you may encounter on or through the Web Site. The Web site, User Generated Content, Content, and the materials and products on this Web site are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, WARRIOR MOUTHGUARDS disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. WARRIOR MOUTHGUARDS cannot guarantee and does not promise any specific results from use of the Web site. WARRIOR MOUTHGUARDS does not represent or warrant that the Web site will be uninterrupted or error-free, that any defects will be corrected, or that this Web site or the server that makes the Web site available are free of viruses or anything else harmful. To the fullest extent permitted by law, WARRIOR MOUTHGUARDS does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Web site, loss of data or other harm of any kind that may result. WARRIOR MOUTHGUARDS reserves the right to make changes to the Web site, or to the products and prices described in them, at any time without notice. The materials at this Web site may be out of date, and WARRIOR MOUTHGUARDS makes no commitment to update the materials at this Web site. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Indemnification.  You agree to indemnify, defend, and hold harmless WARRIOR MOUTHGUARDS, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Web site, your conduct in connection with the Web site or with other Web site users, or any violation of these Terms of Use, any law or the rights of any third party.

Privacy. Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Web site.

Limitation of Liability. IN NO EVENT WILL WARRIOR MOUTHGUARDS, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination/Access Restriction. WARRIOR MOUTHGUARDS reserves the right, in its sole discretion, to terminate your access to any or all of the WARRIOR MOUTHGUARDS Web sites and the related services or any portion thereof at any time, without notice.

Disclaimer, Indemnity, Limitation of Liability as to Products and Services Agreement. ALL PRODUCTS AND SERVICES SOLD BY WARRIOR MOUTHGUARDS, LLC ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO [USA ULTIMATE SPORTS APPARAL].  ACCORDINGLY, WARRIOR MOUTHGUARDS, LLC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, WARRIOR MOUTHGUARDS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD BY WARRIOR MOUTHGUARDS, LLC, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL WARRIOR MOUTHGUARDS, LLC, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED BY WARRIOR MOUTHGUARDS, LLC, EVEN IF WARRIOR MOUTHGUARDS, LLC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WARRIOR MOUTHGUARDS, LLC’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

Modification of These Terms of Use. WARRIOR MOUTHGUARDS may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Web site.

General. This agreement is governed by the laws of the State of Utah, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Washington County, Idaho, U.S.A. or the U.S. District Court for the District of Utah sitting in Washington County, Utah, in all disputes arising out of or relating to the use of the WARRIOR MOUTHGUARDS Web site. Use of the WARRIOR MOUTHGUARDS Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WARRIOR MOUTHGUARDS as a result of this agreement or use of the WARRIOR MOUTHGUARDS Web site. The performance of this agreement by WARRIOR MOUTHGUARDS is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the right of WARRIOR MOUTHGUARDS to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by WARRIOR MOUTHGUARDS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WARRIOR MOUTHGUARDS with respect to the WARRIOR MOUTHGUARDS Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WARRIOR MOUTHGUARDS with respect to the Web site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to he same condition as other business documents and records originally generated and maintained in printed form.

Copyright Notices. All contents of the WARRIOR MOUTHGUARDS Web site are: All rights reserved.

Trademarks.

All rights not expressly granted herein are reserved.

Last Revised: November 16, 2015