Welcome to the SmartGuard®Night Guard website. SmartGuard Inc. (“we”, “us”, “our”) owns and operates this site from its offices in Layton, State of Utah, 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 SmartGuard® Night Guard device is not for everyone. Please see our Package Insert with Indications of use, Warnings and Precautions prior to use. Please see your dentist prior to use and continue seeing the dentist every 6 months during the use of SmartGuard® Night Guard.

I. USE OF OUR WEBSITE 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 SmartGuard Inc., all rights reserved”.

B. Terms and Conditions of Use

Welcome to the SmartGuard®Night Guard website. SmartGuard Inc. (“we”, “us”, “our”) owns and operates this site from its offices in Henderson, State of Nevada, US, and provides access to the site subject to the following terms and conditions of the (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 SmartGuard® Night Guard device is not for everyone. Please see our Package Insert with Indications of use, Warnings and Precautions prior to use. Please see your dentist prior to use and continue seeing the dentist every 6 months during the use of SmartGuard® Night Guard.

III. LIMITATIONS ON CLAIMS

A. SmartGuard Inc. Limited Warranty

SCOPE

SmartGuard Inc. has a Limited Warranty, limited to the terms set forth here. SmartGuard Inc. warrants the SmartGuard® Night Guard device against defects in materials and workmanship for a period of SIX (6) MONTHS from the date of original retail purchase. If a defect exists, SmartGuard Inc. will refund the purchase price of the product. When a refund is given, your product becomes SmartGuard Inc.’s property.

OBTAINING A REFUND UNDER THE WARRANTY
Send your SmartGuard 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.

SmartGuard Inc.
2112 North Fairfield
Road Layton, Utah 84041

EXCLUSIONS AND LIMITATIONS

This Limited Warranty applies only to devices manufactured by or for SmartGuard Inc. and designated by the appellation SmartGuard® Night Guard.

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. SMARTGUARD INC. SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF SMARTGUARD INC. CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF ERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. No SmartGuard Inc. reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty.

SMARTGUARD INC. 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 orxclusions 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 YOU 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 Damage

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.

E. Indemnity

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 Nevada, 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 Henderson, Nevada, 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 Clark County, Nevada 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 Clark 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.

B. Non-Solicitation

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

A. Severability

If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

B. Entire Agreement

These terms and conditions constitute the entire agreement between the parties relating to the subject matter herein.

C. Amendment

We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.