Terms of service

OVERVIEW
Welcome to Clutch Mouthguards! The terms “we”, “us” and “our” refer to Clutch Mouthguards. Clutch Mouthguards operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Clutch Mouthguards is powered by Shopify, which enables us to provide the Services to you. 
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Clutch Mouthguards reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Clutch Mouthguards confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Clutch Mouthguards may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Clutch Mouthguards, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Clutch Mouthguards, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Clutch Mouthguards.
Clutch Mouthguards’s names, logos, product and service names, designs, and slogans are trademarks of Clutch Mouthguards or its affiliates or licensors. You must not use such trademarks without the prior written permission of Clutch Mouthguards. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Clutch Mouthguards is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Clutch Mouthguards. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Clutch Mouthguards, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Clutch Mouthguards.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Clutch Mouthguards, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY CLUTCH MOUTHGUARDS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL CLUTCH MOUTHGUARDS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Clutch Mouthguards, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Clutch Mouthguards is headquartered. You and Clutch Mouthguards consent to venue and personal jurisdiction in such courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at clutchmouthguards@gmail.com.
Our contact information is posted below:
Clutch Mouthguards Inc.
clutchmouthguards@gmail.com
1824 Gordon Dr #102, Kelowna, BC V1Y 0E2

 

 

RELEASE OF LIABILITY, ASSUMPTION OF RISK & CONSENT TO PERSONAL INFORMATION COLLECTION

IMPORTANT - This document affects your legal rights and includes a release of liability. By signing below, you acknowledge that participation in sports involves inherent risks, including serious injury or death; understand that while mouthguards may reduce certain risks, no mouthguard can eliminate the risk of injury; accept full responsibility for any harm related to the use or misuse of the Clutch Mouthguard, including from poor fit, user error, allergic reaction, or material failure; and agree to release Clutch Mouthguards Inc. and its affiliates from all liability, including for ordinary negligence or product failure, to the fullest extent permitted by law. You confirm that you have had the opportunity to read and understand this Agreement, and that you voluntarily accept its terms.

This agreement ("Agreement") is entered into between the individual identified below (“you”, the “User”) and Clutch Mouthguards Incorporated ("Clutch", "we", or "our").

SECTION 1: ASSUMPTION OF RISK

You acknowledge and agree that participating in sports and physical activity involves inherent and unpredictable risks, including but not limited to: chipped, broken, or lost teeth; concussions or other brain injuries; temporomandibular joint (TMJ) trauma; lacerations; jaw injuries; or other serious harm, including permanent disability or death. You understand that while a properly fitted mouthguard may reduce the likelihood or severity of certain injuries when used as directed, no mouthguard can eliminate the risk of injury. You voluntarily accept full responsibility for all risks associated with the use or misuse of the Clutch Mouthguard, including—but not limited to—risks arising from improper fit, user error, allergic reaction, or material failure.

SECTION 2: NO WARRANTY OR MEDICAL CLAIMS

You acknowledge that Clutch Mouthguards are not medical devices, not intended to diagnose, treat, or cure any medical or dental condition, and not guaranteed to prevent injury, concussion, or dental trauma. Clutch relies on peer-reviewed research and product testing. Clutch makes no representations, express or implied, as to the ability of its mouthguards to prevent injury or enhance performance.

SECTION 3: PRODUCT USE AND CARE

Clutch Mouthguards are intended for individual use only and must be cared for properly to preserve safety, fit, and performance. Improper cleaning or storage may degrade the product and increase the risk of injury. Clean daily using mild soap and lukewarm water only. Rinse thoroughly and allow to air dry. Do not use toothpaste, bleach, alcohol, or abrasive brushes, as these may damage the surface or cause irritation. Do not soak in water, mouthwash, or cleaning solutions. Avoid high heat, UV exposure, or direct sunlight. Store in a ventilated container when not in use. Do not store wet or in sealed containers for extended periods. We do not recommend sleeping with this mouthguard or using it outside of its intended athletic or protective use. This product is not designed for individuals with TMJ disorders, bruxism, or other jaw-related conditions. If you have any dental concerns, pre-existing oral health conditions, or experience discomfort while using the mouthguard, consult with your dental provider before continued use. Inspect the mouthguard regularly for signs of wear, cracking, or distortion. Replace immediately if damage is observed. Even high-quality, 3D-printed custom mouthguards like Clutch should be replaced at least annually, or more frequently depending on usage, to ensure optimal performance and hygiene. This product is not intended for sleep use, and is not a substitute for medical-grade appliances or professionally prescribed dental devices. Clutch Mouthguards recommends a minimum material thickness of approximately 3mm for high-impact or contact sports to help reduce injury risk. However, users may opt for thinner designs for improved speech, comfort, or performance in lower-risk environments. Final selection and use remain at the discretion of the user, who assumes all associated risks. Mouthguards are not indestructible. Excessive biting, grinding, or chewing on the product can significantly reduce its lifespan, compromise fit and increase the risk of damage or failure. This type of wear is considered misuse and may void any support or replacement coverage. Users are responsible for monitoring the condition of their mouthguard and replacing it if any signs of cracking, tearing, or deformation appear.

SECTION 4: RELEASE OF LIABILITY AND WAIVER

To the fullest extent permitted by law, you hereby release and forever discharge Clutch Mouthguards Incorporated, its officers, directors, employees, contractors, affiliates, successors, and assigns from any and all liability, claims, demands, actions, or causes of action arising out of or related to: the use or misuse of Clutch products, injuries or losses, including but not limited to dental, cranial, facial, or neurological damage, allegations of negligence, product defect, or failure to warn. This release applies to all claims, including those involving allegations of ordinary negligence, product failure, or failure to warn, to the maximum extent permitted by applicable law.

SECTION 5: INDEMNITY

You agree to indemnify and hold harmless Clutch from and against any and all third-party claims, liabilities, legal costs, damages, or settlements that arise from your use of the mouthguard or violation of this agreement.

 

SECTION 6: CONSENT TO COLLECT, USE, AND DISCLOSE PERSONAL INFORMATION

By signing this Agreement, you consent to the collection, use, and storage of your personal information by Clutch Mouthguards Inc. This information may include your name, email, phone number, shipping address, and dental impression or 3D scan submitted for the purpose of manufacturing, delivering, and supporting your custom-fit mouthguard. Your information will be stored securely and accessed only by authorized personnel. Unless otherwise required by law, we retain personal and dental scan data for up to 2 years, to facilitate remakes, fit follow-up, and product support. If the mouthguard is provided under the supervision of a licensed dental professional, data may be retained for up to 7 years to comply with applicable clinical regulations. All information will be securely deleted once the applicable retention period expires. Clutch Mouthguards does not collect or store payment information. All transactions are processed through secure third-party platforms. You may request access to, correction of, or deletion of your personal information at any time by contacting us at clutchmouthguards@gmail.com.

SECTION 7: QUEBEC RESIDENTS

If you reside in Quebec, you acknowledge that your personal information is collected and processed in accordance with Quebec's Law 25 (formerly Bill 64). A Privacy Officer has been appointed and may be contacted at: clutchmouthguards@gmail.com

SECTION 8: GOVERNING LAW & SEVERABILITY

This Agreement shall be governed by the laws of the Province of British Columbia, unless otherwise required by law.
If any provision of this Agreement is held invalid, the remainder will remain enforceable. This Agreement constitutes the entire agreement between the parties and supersedes any prior understandings or communications, whether written or oral.

SECTION 9: LIMITATIONS REGARDING MINORS

If the user of the Clutch Mouthguard is under the age of majority in their province or territory of residence, a parent or legal guardian must sign this Agreement on their behalf. By signing below, the parent or legal guardian affirms that they have the legal authority to enter into this Agreement on behalf of the minor, and that they have read and understood its contents. They acknowledge that the Clutch Mouthguard is not a medical device, has not been prescribed by a regulated health professional, and is intended for general athletic and non-medical use only. The parent or guardian voluntarily accepts all risks associated with the use or misuse of the mouthguard by the minor, and agrees to the terms of this Agreement, including the release of liability and assumption of risk, to the fullest extent permitted by law.