Terms and Conditions
TERMS OF USE
Please review the terms of use carefully before using this website. By accessing and using this website, you understand and agree to accept to the terms and conditions set forth in this legal notice.
If you do not agree to these terms, please do not use this website or any PX3 products.
These site terms are in addition to any terms that may apply to you under a sale agreement or license or other applicable agreements and terms. Where this site or part of this site contains rules, guidelines, codes of conduct, further terms or other directions to you, you undertake that you shall comply with such rules, guidelines etc. In the event of any conflict or inconsistency, these site terms shall prevail.
Disclaimer:
This site and the materials and products in this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, PX3 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. PX3 does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. PX3 does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Intellectual property disclaimer:
All information is provided for information purposes only and does not constitute a legal contract between P3 Athletics INC., D/B/A PX3 Brain Science, PX3 Sleep Science and herein referred to as “PX3”, and any person or entity unless otherwise specified using this site. Information is subject to change without prior notice. Although every reasonable effort is made to present current and accurate information, PX3 makes no guarantees of any kind. All intellectual property on the website is owned by PX3. All products and fitting tools and processes have been filed for U.S. and international patents. You agree not to modify, copy, reproduce, or distribute any content you have accessed, downloaded or printed from this website without PX3's prior written consent.
Modifications to this site and these site terms:
PX3 reserves the right to change these site terms and/or other rules, policies or agreements posted on this site. You are responsible for regularly reviewing these site terms, and/or other rules, policies or agreements posted on this site. Continued use of this site and transactions in relation to any products or services offered through this site after any such changes have been made by PX3 shall constitute your consent to such changes. PX3 may change, modify or withdraw access to any products and/or services on this site at any time, with or without prior notice, and without creating liability for PX3. PX3 may also change its marketing materials including online content and terms, or change, modify or withdraw access to, or the content of, its marketing materials and online content and its site pages at any time, with or without notice, so you should recheck PX3’s legal terms prior to each visit to or use of PX3’s marketing materials or online content.
Trademark disclaimer:
This website contains several protected marks of PX3 and its affiliates. As a user of this website, you understand the ownership of these marks and agree that you will not modify or exploit the marks. Any use of the marks without prior written consent is prohibited.
Permitted use disclaimer:
Any use of this web site for an illegal purpose is prohibited. By using this site, the user agrees that any information submitted to this website cannot be deemed confidential or proprietary. PX3 reserves the right to investigate any alleged prohibited use of this website and to disclose any information relating to such prohibited use. PX3 does not hold liability for an individual's illegal use of this website. Any prohibited use may result in termination of service or legal action PX3 determines appropriate under the circumstances.
Link disclaimer:
Any links to external websites provided on pages or returned from web search engines are provided as a courtesy. They should not be construed as an endorsement by PX3 of the content or views of the linked materials.
Submitted material:
By submitting material to any of our servers, for example, by e-mail or via the PX3 world wide web pages, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; (c) you own the material or have the unlimited right to provide it to us and PX3 may publish the material free of charge and/or incorporate it or any concepts described in it in our products without accountability or liability; and (d) you agree not to take action against us in relation to material that you submit and you agree to indemnify us if any third party takes action against us in relation to the material you submit. When submitting material you also automatically grant (or warrant that the owner of such content expressly granted) PX3, and its designees a perpetual, royalty-free, irrevocable, and non-exclusive right and license to use (including commercial use and exploitation), copy, sub-licence, reproduce, modify, adapt, publish, translate, publicly perform, display and distribute your material (including any ideas, concepts, know-how or techniques contained therein), and create derivative works from and incorporate your material (or any part thereof) into any form, medium, or technology now known or later developed throughout the world. In addition, you warrant that you have the rights necessary to grant such license and that all so-called "moral rights" in any of your submitted material have been waived. All of your submitted material will be considered non-confidential, not subject to any use restrictions and no such material will be subject to any obligation of confidence on PX3’s part. However, this section does not apply to any personal information submitted by you that identifies you. This will be processed only as provided in the px3 privacy policy on this site and in the privacy policy section of the data or registration submission form of this site, elsewhere in these site terms and any other terms and conditions which apply specifically to any relevant transaction (if any) between you and PX3. PX3 does not and cannot review the content posted and submitted by you on this site and is not responsible for such content. PX3 may at any time, at its sole discretion, remove any content posted by you.
General:
Your use of this site shall be governed in all respects by the laws of the Province of Alberta, Canada. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of PX3 products and services) shall be in the provincial or federal courts located in Calgary, Alberta, Canada. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of PX3 products and services) must be commenced within one (1) year after the claim or cause of action arises. PX3’s failure to insist upon or enforce strict performance of any provision of these terms and conditions.
Liability and warranty disclaimer:
This site and the site contents are provided as a convenience to you. The contents of PX3 world wide web pages are provided on an "as is" and "as available" basis. PX3 does not warrant that its web pages will be uninterrupted or error-free. PX3 reserves the right to revise the pages or withdraw access to them at any time. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability or content of these pages. PX3 shall not be liable for any direct, indirect, incidental, special or consequential damages, lost profits or for business interruption arising out of the use of or inability to use this site and/or any service, even if PX3 has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. The liability of PX3 would in such case be limited to the greatest extent permitted by law. If any inaccurate, out of date, inappropriate or incomplete information or material is listed on this website, or if there is any possible infringement of intellectual property rights, please contact PX3 at 800-951-8922 or info@px3.com.
The release of liability and assumption of risk do not use this product unless you agree to the following terms and conditions: Before using a PX3 product, the purchaser/user has carefully reviewed, understood and agrees to comply with the terms of use. PX3 products are designed for use during physical activities, athletics and military operations that inherently involve certain risks, dangers, and hazards, which can result in serious personal injury or death. The purchaser/user of this product understands that PX3 is not responsible for any injury or damage to property sustained while using this product by the purchaser/user, and the purchaser/user releases PX3 from all such liability. The purchaser/user expressly assumes the risk of any and all bodily injury, death and/or liability, which may result from the purchaser/user’s participation in any activities while wearing a PX3 product. The purchaser/user agrees to hold P3 Athletics INC. Harmless from any and all liability, and waive and release any and all claims or potential claims against P3 Athletics INC. (D/B/A PX3 Brain Science, PX3 Sports Science, PX3 Warrior Science, PX3 custom mouthwear) and any of its respective agents, affiliates, subsidiaries, employees, instructors, officers, directors, shareholders, suppliers, and manufacturers in the event of any such bodily injury or death which may result from the purchase and/or use of any PX3 products. In the event of the purchaser/user’s death or incapacity while wearing this product, this agreement shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives.
TERMS OF SALE
Please read these terms of sale; they are important. If you do not agree to these terms of sale you should not place an order or use PX3 products.
This agreement is between P3 Athletics INC., D/B/A PX3 Brain Science, PX3 Sleep Science, herein referred to as “PX3” is a privately held corporation with it’s registered global head offices located at 149 Canada Olympic Road, Calgary, AB T3B-6B7 and the purchaser/user of PX3 products, herein referred to as “user”. Some of the products available for sale are designed for children, but PX3 does not sell to children. If the user is sixteen or under, they should not purchase anything from this website.
Orders and contract formation
User is agreeing to be bound by the following terms of sale and privacy policy as listed on PX3 website at www.PX3.com. If PX3 cannot, for any reason, accept and process the order, PX3 will notify the user directly. PX3 may change the terms of sale at any time by posting changes on this website, with or without notice, so please check these terms of sale before placing an order. PX3 will make every effort to produce and deliver orders within a three-week period however PX3 cannot guarantee product delivery within any guaranteed time frame. Production time in the lab can be up to ten (10) business days depending on complexity of the individual's dental anatomy or registered bite provided. User location and selected shipping methods will also affect delivery time in addition to any required production time at the lab.
Events beyond control
Fulfillment of this order is contingent upon the availability of materials, equipment, technology, power, personnel and logistics. PX3 shall not be liable for any delay in delivery or for non-delivery in whole or in part caused by the occurrence of any contingency beyond the control of either the PX3, its suppliers or shipping partners, including, but not limited to, war, sabotage, pandemics, acts of civil disobedience, failure or delay in transportation, act of any government or agency or subdivision thereof, judicial action, labor dispute, fire, accident, explosion, quarantine, restrictions, storms, flood, earthquake, or acts of God, shortage of labor, fuel, raw materials, or machinery or technical failure where PX3 has exercised ordinary care in the prevention thereof. If any contingency occurs, allocation of product and delivery thereof will be at the discretion of PX3.
Return policy
If the products received are nonconforming, defective or not consistent with the custom order, user must notify PX3 upon delivery via email to info@px3.com and download, complete and return the merchandise return authorization form with the defective product to the address on the form within thirty (30) calendar days from the date of receiving the order. No credits or refunds or repairs shall be provided for items returned without a merchandise return authorization form. PX3 shall have commercially reasonable time in which to repair the existing product or replace it with new products. If PX3 is unable to repair or replace the goods, PX3 shall provide the user with a full credit for the order, not including any additional shipping and/or handling fees that may be required. Notwithstanding anything to the contrary contained herein, user acknowledges that unless user strictly complies with the returned goods policy set forth in this paragraph, user’s purchase shall be deemed final and user shall be deemed to have released PX3 from (i) any claim for refund or credit, and (ii) any type of damages whatsoever.
Risk of loss and insurance
Risk of loss or damage to the products shall pass to the user upon delivery of the products to a common carrier at PX3’s shipment facility, or, if drop shipped, the manufacturer’s shipment facility. PX3 will insure to full value the products shipped or declare full value thereof to the transportation company at the time of the shipment. From the point of delivery, any further insurance against loss, theft, damage or destruction of the products for its full replacement value shall be the sole responsibility of the user. Confiscation or destruction of, or damage to, the products following shipment shall not in any way affect the liability of user to pay the purchase price. User shall inspect the products upon receipt and notify PX3 within twenty-four (24) hours following delivery when there is evidence of shipping damage. User’s failure to notify PX3 of shipping damage within twenty-four (24) hours of delivery shall constitute a waiver by the user of any such claim.
Warranty
Except for any manufacturing defects, or other conditions expressly listed and written in this terms of sale, PX3 specifically disclaims any and all liability or warranty for the performance of the products PX3 makes no warranty, express or implied, including that the products are fit for any particular degree of protective use. User agrees that it has selected each product based upon its own judgment and disclaims any reliance upon any statements or presentations made by PX3. PX3 shall not in any case be liable for special, incidental, consequential, indirect or other similar damages arising out of or relating in any way to or from breach of warranty, breach of contract, negligence or any other theory, even if user or its agent has been advised of the possibility of such damages.
Release of liability and assumption of risk
Do not use this product unless you agree to the following terms and conditions:
Before using a PX3 product, the purchaser/user has carefully reviewed, understood and agrees to comply with the terms of use.
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PX3 products are not recommended for prolonged use. Should you experience any dental displacement, dental eruption or jaw pain of any kind, stop using the PX3 product immediately. PX3 products are designed for use at night while resting and sleeping, and during the day. Any and all physical activities, including athletics and military operations will inherently involve certain risks, dangers, and hazards, which can result in serious personal injury or death. The user understands and accepts that PX3 is not responsible for any injury or damage to property sustained while using this product by the user, and the user releases PX3 from all such liability.
The user expressly assumes the risk of any and all bodily injury, death and/or liability, which may result from the user’s wearing a PX3 product. The user agrees to hold PX3 harmless from any and all liability, and waive and release any and all claims or potential claims against PX3, including any of its respective agents, affiliates, subsidiaries, employees, instructors, officers, directors, shareholders, suppliers, and manufacturers in the event of any such bodily injury or death which may result from the purchase and/or use of any PX3 products.
In the event of the purchaser/user’s death or incapacity, while wearing this product, this agreement shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives.
General
If any provision of these terms of sale is (for any reason), held to be unenforceable, illegal or invalid in some other way, the unenforceable, illegal or invalid provision will not affect the remainder of these terms of sale and they will continue in full force and effect. These terms of sale are governed by the laws of Alberta, Canada and user agrees that jurisdiction over a venue in any legal proceeding directly or indirectly arising out of, or relating to any PX3 orders or use of PX3 products shall be in the provincial or federal courts located in Calgary, Alberta Canada. The prevailing party in such action shall be entitled to recover its reasonable attorney fees and other costs and expenses. No addition to, or modification of, any provision of these terms of sale will be binding on us unless made in writing and signed by our duly authorized representatives. This Terms of sale together with our privacy policy, terms of use and the user’s order form contain the entire agreement and understanding relating to the subject matter of the order. They supersede any prior agreements, understandings or arrangements (whether oral and written) relating to the subject matter. User acknowledges that they are not placing the order on the basis of any statement, representation, warranty or other provision except those expressly contained or referred to in these terms of sale. Nothing in these terms of sale affects your statutory rights as a consumer.