Terms of Use

1. User’s Acknowledgment and Acceptance of Terms.

Dental Choice Holdings, LLC d/b/a Game On Mouth Guards (“Us” or “We”) provides the gameonmouthguards.com website, through which certain products are sold (“Products”) and services provided (“Services”) (collectively, the “Site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS OR SERVICES, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of September 1, 2018. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, and partners.

2. Privacy.

In order to access some of the Services and Products on this Site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.  All Registration Data will be maintained in accordance with our Privacy Policy at gameonmouthguards.com.

3. Delivery Terms.

We ship all Products “F.O.B. Origin” (Dental Choice Warehouse).  Title to and risk of loss of the Products shall pass to you upon shipment.  Any returns or repair request must follow our standard return policy included in your purchase.

4. Warranty.

We provide a limited warranty on our Products, which we can update from time to time and which can be found at gameonmouthguards.com/warranty. 

5. Limitation of Liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR PRODUCTS, THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

6. Intellectual Property Information.

For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. 

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Dental Choice Holdings, LLC and/or its Affiliates. 

The following are registered trademarks, trademarks or service marks of Dental Choice Holdings, LLC or its Affiliates. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Dental Choice Holdings, LLC or its Affiliates. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Dental Choice Holdings, LLC or its Affiliates.

7. Security and Password.

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

8. Governing Law.

This site is controlled by us from our offices within the Commonwealth of Kentucky, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Kentucky, by accessing this site both of us agree that the statutes and laws of the Commonwealth of Kentucky, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the Commonwealth of Kentucky with respect to such matters.

9. Notices.

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [-], if by email, or at Dental Choice Holdings, LLC d/b/a Game On Mouth Guards, 10108 Linn Station Road, Louisville, Kentucky 40233 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

10. Entire Agreement.

These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.