Welcome to the GrindRelief Nighttime website. Grind Guard Technologies LLC (“we”, “us”, “our”) owns and operates this site from its offices in Clarkston, State of Michigan, US, and provides access to the site subject to the following terms and conditions of use (the “Agreement’). Please read the entire Agreement carefully, as these terms and conditions will govern your use of the site, and may have changed since your last visit to this site. If you do not agree to be bound by this Agreement, you may not access, use or download any materials from this site.
Please be advised that use of the GrindRelief Nighttime device is not for everyone. For instance, no one under the age of 18 may use GrindRelief Nighttime without express parental consent. Likewise, anyone using GrindRelief Nighttime who finds that after any period of use, their teeth don’t meet as they normally do, and do not come back into place within 1 hour of removal, must discontinue use of the product. Please see our product literature and package insert for full details.
I. USE OF OUR WEB SITE AND CONTENT
A. United States Use Only
This Site and its contents are designed to comply with United States laws and regulations and are intended for use by United States residents only. Access to the Site and its contents may not be legal by certain persons or in certain countries outside of the United States. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Materials published on this Site may refer to products or services that are not available in your country. Access to the Site or its contents from countries where such content or access is unlawful is prohibited. You should not construe anything on the Site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country in which you are located.
B. Site Content Is For General Information And Is Not Medical Or Dental Advice
Our information here is general in nature, and is provided for informational purposes only. It is under no circumstances a substitute for professional medical or dental advice, and is not intended to allow lay persons to diagnose any health or dental problem or disease. You should always seek the advice of your dentist, physician or other qualified health provider for any medical condition or treatment. Never disregard or postpone seeking dental or medical advice because of something you read here.
C. Use For Improper Purposes Is Prohibited
Notwithstanding any other rights or restrictions in this Agreement, you may not use this web site to: (1) transmit via or through the site any information or data of any kind and in any form, except in response to specific requests for information by us; (2) introduce viruses, worms, Trojan horses or any harmful code onto the Internet; (3) obtain unauthorized access to any computer system; (4) impersonate any other person; or (5) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
II. OUR INTELLECTUAL PROPERTY RIGHTS
A. Copyright Notice and Limitation on Use
This site and all its contents are owned by us and protected by our copyrights and other intellectual property laws. Access to this site does not allow you or anyone else to modify, copy, reproduce, republish, upload, post, transmit or distribute any of this content, in whole or in part, in any medium. This includes use of any element of this site by means of framing, deep linking or mirrors. We do allow you to download materials from our site for your own personal, non-commercial use, but if you use or display any of the content for that limited use, you must attach the written notation, “Used by permission of GrindGuard Technologies LLC, all rights reserved”.
B. Our Trademark Rights
Trademarks, service marks and logos displayed on this site are our registered and unregistered trademarks. Access to this site does not grant you any license or right in and to such marks or logos, directly or by implication, estoppel, or otherwise, and your use of any such marks or logos is strictly prohibited.
III. LIMITATIONS ON CLAIMS
A. Grind Guard Technologies LLC Limited Warranty
Grind Guard Technologies LLC (“Grindguard”) has a Limited Warranty, limited to the terms set forth here. If a defect exists, Grindguard will refund the purchase price of the product. When a refund is given, your product becomes Grindguard’s property.
OBTAINING A REFUND UNDER THE WARRANTY
Send your GrindRelief Nighttime device to the address stated below, along with proof of purchase documenting the purchase date and the price paid, and a statement containing your name, address and telephone number, and your claim for a refund of the purchase price.
P. O. Box 309, Lake Orion, MI 48361
EXCLUSIONS AND LIMITATIONS
This Limited Warranty applies only to devices manufactured by or for Grindguard and designated by the appellation GrindRelief Nighttime.
THIS WARRANTY AND THE REMEDY SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. GRINDGUARD SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF GRINDGUARD CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. No Grindguard reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty.
GRINDGUARD IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO INJURY, DAMAGE, DISEASE, DECAY, DETERIORATION, OR ANY OTHER CONDITION OF ANY BODY PART OR FUNCTION, OR FOR ANY LOST INCOME OR PROFITS, DOWNTIME, LOSS OF GOODWILL, OR INJURY TO APPEARANCE OR TO REPUTATION, Some states and provinces do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by state or province.
B. Disclaimer of Warranties in Website
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF ANY INFORMATION CONTAINED HEREIN AND EXPRESSLY DISCLAIM ANY OBLIGATION TO UPDATE SAID INFORMATION. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE CONTENT AND THE SITE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SITE ITSELF, AND WE HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
C. Limitation of Liability for Website Use
YOU WILL USE THIS SITE AT YOUR SOLE RISK. WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS ARE NOT UNDER ANY CIRCUMSTANCES LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES OF ANY KIND WHATSOEVER, AND HOWSOEVER ARISING, EX CONTRACTU OR EX DELICTO, THAT OCCUR FROM OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR YOUR RELIANCE ON ANY CONTENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
D. Limitations Period, Savings Provision, Limitation On Damages
Any claim against us arising under or in connection with your use of this site shall lapse and be barred if not brought within six months after your first alleged injury or damage first occurs. If any part of the disclaimers or limitations of liability in this Agreement is found to be invalid or unenforceable for any reason, the remainder of the Agreement shall continue in force, and our aggregate liability under such circumstances for a single incident, regardless of the number of persons sustaining injury or damage, shall not exceed one hundred dollars ($100.00) If any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability, disclaimers and exclusions of warranties and damages set forth in this agreement shall remain in effect.
By using this web site, you agree to indemnify, hold harmless and defend us from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this web site.
F. Choice of Venue, Choice of Law, Compulsory Arbitration, Equitable Remedy
These terms and conditions will be governed by and interpreted under the law of the State of Michigan, except its choice of law provisions. All disputes arising out of or relating to these terms and conditions shall be finally resolved by statutory arbitration in Auburn Hills, Michigan, U.S.A., by a single arbitrator appointed under and operating under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration, but the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration as may be determined by the arbitrator. All decisions of the arbitrator shall be final and binding on both parties and enforceable in the Oakland County, Michigan Circuit Court. However, if we are entitled to injunctive relief or any other equitable remedy we may seek and obtain every such remedy from the Oakland County Circuit Court or another court of competent jurisdiction, without first participating in arbitration.
IV. OUR CONTINUED OPERATIONS
A. Right to Alter, Amend, Suspend or Discontinue Site
We may alter, suspend, or discontinue this web site in whole or in part, at any time and for any reason, without notice, or the site may periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Nothing on this site is, or should be interpreted as, a solicitation to participate in or invest in our company, or to have any relationship with us of any kind other than as a customer for the products we make and sell.
V. GENERAL PROVISIONS
B. Entire Agreement
These terms and conditions constitute the entire agreement between the parties relating to the subject matter herein.
We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.