Verve Systems LLC Inc. (“Verve Systems LLC”) warrants that its Verve Custom Pro Mouthguard products are free from defects in materials and workmanship which could cause damage or injury to sound, natural teeth that are actually covered by the Verve VO2Max Protection Upper Custom Pro Mouthguard of the original purchaser hereof, when properly fitted and properly worn during activities (both required below) for a period of up to 12 months from the date of purchase. Verve Systems LLC Inc. reserves the right to determine to its satisfaction whether any defect is covered under this limited warranty.
Limitation of Liability:
Verve Systems LLC Verve VO2Max Custom Pro Mouthguards are intended for use in sports activities. By their nature, sports activities are dangerous. In purchasing this product, the user assumes all risks entailed in the sports activities and acknowledges that Verve Systems LLC Inc. cannot guarantee and are not providing any guarantee or warranty that the use of this product will protect the user from injury. This product is being sold to the user based on the foregoing. Always check equipment for proper ﬁt, wear, or damage before using. Do not use if problems are detected. User modiﬁcations, other than the molding process, to this product may adversely affect its performance and/or comfort.
Verve Systems LLC Inc. obligations in the event of a breach of this warranty shall be limited to the lesser of: (1) the actual dental expense incurred by the user; or (2) $500 per injured or replaced tooth, up to a maximum liability of $15,000 per incident (less a $100.00 deductible administrative fee). Verve Systems LLC Inc.’s obligations hereunder shall be reduced by the amount of any insurance or litigation recovery payments that the user receives or may claim, for the damage, injury or treatment of the injury claim. For clarification, this warranty only covers injured or replaced teeth that were actually covered by a Verve Systems LLC Inc. Verve VO2Max Protection Upper Custom Pro Mouthguard at the time of the applicable incident, and does not cover teeth with previous conditions, defects, dental work, injuries, or any issues that may weaken the teeth. This warranty does not provide payment or indemnity for orthodontic treatments or preparation of a tooth to be used as an anchor for a bridge.
Verve Systems LLC Inc. shall have no responsibility or liability hereunder unless: (1) the mouthguard was unaltered and fitted by the claimant in strict accordance with the printed fitting instructions accompanying this warranty. Proper fitting is essential. (2) a complete written notice of the injury or damage is received by Verve Systems LLC Inc. within thirty (30) days after the occurrence of the injury or damage, (3) the notice of injury is substantiated by a statement of a licensed dentist providing necessary dental treatment within thirty (30) days after the date of injury or damage, including a certification that the affected tooth or teeth would have been covered by the Verve Systems LLC Verve VO2Max Protection Upper Custom Pro Mouthguard if properly used, and a statement of a participating game official, if a supervised contest, or a supervising coach or school superintendent, if a training session, that the Verve VO2Max Protection Upper Custom Pro Mouthguard was in proper use at the time of injury, and (4) the written notice of injury and the mouthguard must be returned to Verve Systems LLC Inc. within 30 days of the injury with proof of shipping be it certified mail or USPS Tracking. Proof of shipping is required. This warranty will not apply if the Verve VO2Max Custom Pro Mouthguards is stretched, trimmed or otherwise altered or misused, or used outside of a supervised athletic contest or coach-supervised training session.
Verve Systems LLC Inc. is not responsible for damage arising from normal wear and tear; failure to follow instructions relating 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.
In the unlikely event of an accidental tooth loss or other dental related injury, while properly wearing your Verve Systems LLC Inc. Verve VO2Max Protection Upper Custom Pro Mouthguard, you may submit a claim toward the cost of remedial dental treatment by a properly licensed dental professional. This LIMITED WARRANTY covers the actual dental expenses incurred, up to a maximum of up to $15,000 for a Verve VO2Max Protection Upper Custom Pro Mouthguard (less a $100.00 deductible administrative fee), per incident. Verve Systems LLC Inc.’s obligations hereunder shall be reduced by the amount of any insurance or litigation recovery payments that the user may receive, for the damage or injury. This LIMITED WARRANTY is effective for 12 months from the date of purchase of a Verve Systems LLC Verve VO2Max Protection Upper Custom Pro Mouthguard.
Verve Systems LLC Inc. reserves the right to determine to its satisfaction whether any defect is covered under this limited warranty. The remedies set forth herein are exclusive and the total liability of Verve Systems LLC Inc. with respect to use of this mouthguard, whether based on contract, warranty, negligence, indemnification, strict liability or otherwise. In no event shall Verve Systems LLC Inc. be liable for consequential, incidental or special damages.
THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, MADE BY VERVE SYSTEMS LLC INC. VERVE SYSTEMS LLC INC.’S LIABILITY FOR ANY CLAIM OF ANY KIND IS LIMITED TO THE TYPE AND AMOUNT OF CLAIM COVERAGE FOR DENTAL WORK SET FORTH IN THIS LIMITED WARRANTY. VERVE SYSTEMS LLC INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES. THIS LIMITED WARRANTY SHALL NOT BE EFFECTIVE OR ACTIONABLE UNLESS THE VERVE SYSTEMS LLC INC. MOUTHGUARD WAS USED AT THE TIME OF THE INCIDENT IN STRICT CONFORMITY WITH THE CUSTOMER CARE INSTRUCTIONS INCLUDED WITH THE VERVE SYSTEMS LLC INC. MOUTHGUARD. VERVE SYSTEMS LLC INC. MAKES NO GUARANTEE THAT THE MOUTHGUARD WILL PREVENT ANY PARTICULAR INJURY, OR LIMIT THE IMPACT OF ANY TRAUMA OR OTHER IMPACT TO THE TEETH, MOUTH OR HEAD.
For more information about our Limited Dental Warranty, please contact us by e‑mail at [email protected] or by mail using the details provided below:
Verve Systems LLC Inc., Attn: Legal Dept. 3278 Wilshire Blvd. #603 Los Angeles, CA 90010