disclaimer
This Disclaimer is given by ThermoPact and is made in lieu of all warranties, express or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose, any implied warranty arising out of a course of a dealing, custom, usage or trade, or the ability of this product to protect the wearer from any specific incident or impact, all of which are hereby expressly disclaimed. The original buyer and/or user assumes all risks arising out of or related to the selection and/or use of the product for any activity.
Like all safety equipment, professional custom-fit mouthguards are designed to help minimize the severity and incidence of oral injuries and concussions. Therefore, ThermoPact cannot and will not guarantee its mouthguards against injury to any degree. No product, including without limitation products made by ThermoPact, can guarantee protection from injury or death in any particular impact or incident. Additionally, while the ThermoPact mouthguard is designed to change color upon increase of oral temperature, it is not meant to diagnose heat stroke and/or fever and is not a medical device. Every individual’s normal oral temperature is subject to variation which may impact the efficacy of ThermoPact products. Lastly, while the ThermoPact mouthguard has been laboratory tested and has been shown to absorb more energy than products of leading competitors, ThermoPact does not warrant superior performance. In no event shall ThermoPact be responsible for incidental or consequential damages or loss of profits or other loss or use of any kind.
Except as is otherwise expressly provided herein, ThermoPact disclaims all liability for loss, injury or damage based upon negligent design or defects in materials and workmanship for the within mouthguard. ThermoPact is not responsible for damage arising from normal wear and tear; failure to follow instructions relating to the ThermoPact mouthguard’s use; loss or theft; disassembly or alterations; accident, abuse, misuse, or other external causes; or exposure to liquids, extreme thermal conditions, or other environmental conditions. This Disclaimer shall be governed and interpreted by the laws of the State of Maryland.