www.MyForcefield.com - Terms & Conditions
Agreement
Welcome to the MyForcefield.com Web site (hereinafter "MyForcefield.com," or the "Site") and its online store at www.shop.myforcefield.com. MyForcefield.com is wholly owned by Forcefield Mouthguards LLC (hereinafter the ''Company'') a New York based entity. Forcefield is a registered trademark of Nathalie E. Mikellides in the USA and in various other countries. By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions unless you offer different terms that are accepted in writing by the Company. You also agree to comply with any guidelines or rules posted on the Site regarding any product or service. All such guidelines and rules posted are hereby incorporated by reference into these Terms and Conditions. If you are dissatisfied with the Site, its content or Terms or Conditions or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Site. PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify, or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective immediately. Please review these Terms and Conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these standards for notice of changes, whether or not you actually reviewed them.
Privacy Policy
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices.
Communications
When you visit MyForcefield.com and purchase products through the Site, or instigate contact with our customer service department, you are communicating with us electronically. We will also communicate with you via email. By using the Site, you hereby agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, pictures, design ideas, suggestions or other communications sent to the Site shall be and remain the exclusive property of the Company, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.
Eligibility
MyForcefield.com is free to be accessed by people of any ages. However, the on line store is not intended to be used by individuals under the age of 18 (a "Minor") without the supervision of a parent or guardian 18 years of age or older (a "Guardian"). MyForcefield.com relies upon Guardians to determine if any contents on the Site are inappropriate for the viewing, access, or purchase by such Minors. If a User is a Minor, he/she may use the Site only under the supervision of a Guardian. If you are making a purchase on behalf of a business or third party through the Site, you must have the authority to bind them to these Site Terms and Conditions.
By entering any information on this Site, you represent and warrant that you: (i) are at least 18 years of age or are using the site under the supervision of a Guardian in case you want to purchase; (ii) are using your actual identity; (iii) have provided only true, accurate, current and complete information; (iv) any billing address and phone number you provide will be the address and phone number your credit card bank has on file for you; (v) will maintain and promptly update the information that you provide to keep it true, accurate, current and complete; and (vi) are not using the Site for any improper purpose. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your order and refuse any and all current and future use of the Site.
Shopping Experience
The Company wants you to have the best shopping experience ever. After your payment is confirmed and your order is processed, you will get an email confirmation. The Company will then ship to your address the Self Mould kit so you can take your dental impression. This first shipping will also follow an email with your tracking number. Please follow the instructions for the dental impression and ship it back to us. As soon as we receive it we will verify if it is a good quality dental impression (if not, you will have to try again). To reduce the chance of sending to us a invalid dental impression, you will be instructed to send a picture of the impression for evaluation. You will also receive a second set of putty, in case you need to redo the impression. When your dental impression is approved, your mouthguard will enter production line. Final shipping shall occurs in 10 business days and again, you receive an email with tracking info. At any time during this process you can contact us.
Product Availability
All orders are subject to inventory availability verification. There may be cases where you have been able to order a product from our site and we will run out of stock before we can update the site and make the product un-available. In the event of this case, our customer service department will contact you to notify you that there will be some delay the manufacturing of the mouthguard.
Unique Designs
In case you choose the product line that offers customization to the limit, you can either choose one of the designs shown in the website (our pictures or other customers’ ideas you may see in the photo gallery) or you may try some different design. We will communicate with you via email to confirm if we can do that unique design or propose an alternative. We have 100% satisfaction in this area and do our best to keep it this way. In case you choose to place a logo, we will need a written authorization from the company that detains property rights. Team logos follow the same procedure. We reserve the right to veto any design that we feel is inappropriate or offensive. Final results may vary.
Payment Options and Sales Tax
MyForcefield.com accepts the following payment types:
Visa
MasterCard
American Express
Visa or MasterCard Debit Cards
State law requires that we charge sales tax on all NY sales.
Secure Shopping
For your security, your billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order that does not match these criteria. Our secure Shopping Guarantee protects you while you shop here, so you never have to worry about credit card safety. Our Secure Socket Layer (SSL) 128-bit software is the industry standard and among the best software available today for secure online commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read as the information travels over the Internet.
We guarantee that every transaction you make at MyForcefield.com and in the online store will be safe. This means you pay nothing if unauthorized charges are made to your card while shopping at MyForcefield.com. In the unlikely event that there is an unauthorized charge to your card as a result of using our secure servers, under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 of fraudulent charges. If your bank does hold you liable for any of this $50.00, we will cover the entire liability for you, up to the full $50.00, (if the unauthorized use of your credit card resulted through no fault of your own). In the unlikely event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures and cooperate with them in their handling of the investigation.
Shipping
We ship via USPS Priority Mail with tracking number, please allow 2 business days for processing order and 10 business days to manufacture mouthguard. You will be notified by email with the tracking number when your order is processed. First shipping is of the Self Mould kit and the second shipping is the mouthguard, which can only be placed in production line after we receive a valid dental impression. We can only ship to The United States of America.
Returns
Because all mouthguards are custom made using your dental impression and design choices, all sales are finals.
We do not outsource any stage of the production process, so the chances of a defective mouthguard are extremely low. In order to return any defective product, you must contact us to receive instructions on how to return your product. After we receive the mouthguard and verify it is indeed defective, we will reimburse you. We will not reimburse you in case you do not follow the instructions that come along with your product, such as mouthguards with bites, cuts, and with deformation due to heat exposure and/or improperly storage.
Some mouthguards need an extra “fine tuning� to fit in your mouth perfectly. This may happen when the quality of the dental impression taken is low. If you feel discomfort when using your mouthguard, please contact us to receive instructions on how to proceed. We will not rest until you are 100% satisfied with your purchase.
Confirming , Cancelling and Changing Orders
For orders that have already been shipped, you will receive an email confirming the date and method of shipment, an estimated date of arrival, and a tracking number. After we receive your dental impression back and the mouthguard is in the production line, we cannot guarantee any changes are possible. The Company will not provide reimbursement for shipping and handling charges once the order has entered the shipping process.
Order and Payment Terms
You agree that your placement of any Order on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required. Terms of payment are within the Company's sole discretion, and unless otherwise agreed in writing, payment must be received by the Company prior to acceptance of an order. The Company may accept payment via Visa, MasterCard, Discover, American Express, and PayPal. Other credit or debit cards may be added or removed at the Company's sole discretion. Orders are not binding until the Company accepts the order and the Company may cancel or limit an order any time after it has been placed in its sole discretion. The Company expressly conditions its acceptance of your order and your agreement to these Terms and Conditions Site Terms.
Medical and or Dental Advice
We do not offer medical and/or dental advice, however the tickest the mouthguard, the lowest the risk of injury. You are buying one of the finest mouthguard available, which is manufactured with top quality materials and offer superior protection. However, there is no protection solution that reduces the chance of injuries to zero. Thus, the Company does not claim that by buying our products your chance of injury is zero.
Testimonials
Testimonials appearing on this site reflect real life experiences of those who have used our products. However, results may vary. The testimonials are not necessarily representative of all of those who will use our products.
These testimonials are not intended to make claims that these products can be used to diagnose, treat, cure, mitigate, or prevent any disease. These claims have not been clinically proven or evaluated by the FDA.
Photo Gallery
Our clients have the option to post a picture using Forcefield Mouthguards with a simple bio in our website. If you want to be included, fill the form in the Contact us page. You can refer your link in any social network in the web, as long as you mention the website address.
Modifications to Service
We may modify, suspend, or discontinue any Product, Service, or Promotion in our sole discretion without prior notice. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you gave us when you placed the order.
User Conduct
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site (or any linked site) will not be permitted. You agree not to access or attempt to access the non-public areas of the Site or any other user's password-protected information, impersonate any person or entity, otherwise falsely state, or misrepresent your affiliation with a person or entity. Your agree that your data, content, and any information provided or used on Site, as well as your use of our Site, Products and Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights (collectively "Rights") of any party, including the Rights of third-parties; or contain or promote any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct.
We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors, or merchants.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS OR SERVICES (COLLECTIVELY THE "COMPANY UMBRELLA") SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SITE OR OUR PRODUCTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE (INCLUDING ANY DAMAGE TO A PRINTER FROM USE OF OUR PRODUCTS); (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING or (vi) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL OUR TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO COMPANY OR $35.00 (WHICHEVER IS GREATER).
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNITY
By using this web site you agree to indemnify the Company and hold them harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the Site, your use of the Products and Services, or your submission of ideas and/or related materials to the Company or from any person's use of any ID or password you maintain with any portion of the Site, regardless of whether such use is authorized by you.
DISPUTE RESOLUTION
This Agreement will be governed by and construed in accordance with the laws of the State of New Jersey, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the State or Federal Courts in Westchester County, New York and You hereby consent to jurisdiction and venue in New York for such purpose, waive the personal service of any process upon them and agree that service may be effected by overnight mail (using a commercially recognized service) or by U.S. mail with delivery receipt to the address you provided to Company). Notwithstanding anything contained in this Agreement to the contrary, the Company shall have the right to institute judicial proceedings against you or anyone acting by, through, or under you, in order to enforce Company's rights hereunder through reformation of contract, specific performance, injunction, or similar equitable relief. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
SEVERABILITY, NON-WAIVER, AND MERGER
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between the Company's representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY Ink Cartrige Discounts.com, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON MyForcefield.com.
ASSIGNMENT
Customer may not assign its rights or obligations hereunder without the express prior written consent of Company. This agreement shall be binding upon the heirs, successors, and assigns of the parties hereto.
|
