I.      WARRANTY. Boomba Group LLC d/b/a BAMF Mouthguards (“BAMF Mouthguards”) hereby warrants the BAMF Mouthguard purchased herewith to be free from defects in material and workmanship which could cause damage or injury to the sound, natural tooth or teeth of the original purchaser when used properly in a supervised athletic contest or coach-supervised training session. This Limited Warranty and Disclaimer ("Dental Warranty") shall extend for a period of six (6) months from the date of purchase of the BAMF Mouthguard. This Dental Warranty is the exclusive remedy and shall only extend to the original purchaser of such BAMF Mouthguard above. BAMF Mouthguards’ obligations under this Dental Warranty shall be limited to the lesser of:

i.         The actual dental expense incurred by the original purchaser for dental injury or damage to the original purchaser's tooth or teeth; or

ii.         $469.00 (US) per injured or replaced tooth, up to a maximum total liability of $15,000 (US) per incident. Dental or tooth injuries that occur during the same athletic contest or coach-supervised training session shall be deemed to be one incident, regardless of the number of rounds, practices, breaks, contests, and/or fights that occur during such athletic contest or training session and regardless of whether the damages or injuries are separated in time or occurrence or are the result of one or more rounds, contests, and/or fights involving one or more partner(s) or opponent(s) and/or the same or different partner(s) or opponent(s).

BAMF Mouthguards’ obligations hereunder shall be reduced by the amount of any insurance that is or may be collected, available, or payable for the damage, injury or liability claimed, regardless of the source of such insurance, and an initial claimant deductible of $175.00 (US). BAMF Mouthguards may require any person making the warranty claim to assign any insurance policies, claims, payments, or proceeds to BAMF Mouthguards as a condition of payment under this Dental Warranty. BAMF Mouthguards may require the person making the warranty claim to grant BAMF Mouthguards the right of subrogation to any insurance policies, claims, payments, or proceeds as a condition of payment under this Dental Warranty. This certificate does not provide payment or indemnity for orthodontic treatments or preparation of a tooth or teeth to be used as an anchor for a bridge. This Dental Warranty shall not apply to dental expenses necessitated by a preexisting dental or orthodontic condition.

II.  Exclusive Method for Obtaining Dental Warranty Coverage. BAMF Mouthguards shall have no liability or responsibility under this Dental Warranty unless:

a.     the claimant provides BAMF Mouthguards with a full and complete written notice of the injury or damage, including all documents listed below, all of which are actually received by BAMF Mouthguards at the address provided herein within twenty (20) days of the date of occurrence of the injury or damage being claimed under this Dental Warranty; and

b.     a written statement by claimant to BAMF Mouthguards that the BAMF Mouthguard impression was correctly fitted by claimant, if a BAMF Custom Impression Kit was used to make the BAMF Mouthguard at issue, in accordance with all printed instructions accompanying this Dental Warranty and located on BAMF Mouthguard’s website; and

c.     the notice of injury is substantiated by a written statement from all professionally licensed dentists who rendered treatment to or on behalf of the claimant. Such written statement(s) must:

i.  itemize the cost per tooth for such dental treatment of the injured or damaged tooth or teeth claimed hereunder; and

ii.   provide a professional medical opinion that the claimant’s injury or damage to the tooth or teeth occurred while claimant was wearing a mouthguard; and

iii.   provide a radiograph (x-ray) of the injured or damaged tooth (or teeth) that was taken by the same dentist(s) within the six (6) months immediately prior to the date of the claimed damage or injury and that shows the injured or damaged tooth or teeth to be of sound dental structure and medical condition(s) and further shows no prior dental work was performed or damage was done to the tooth or teeth prior to the complained-of injury; and

iv.   provide a radiograph (x-ray) of the injured or damaged tooth or teeth that was taken immediately after the damage or injury; and

v.   certify that such dentist(s) performed dentally- or medically-required dental work to the injured or damaged tooth or teeth within twenty (20) days of the date of the injury or damage; and

vi.   include a true copy of all the submitted dental and medical insurance claim forms that relate to the injured or damaged tooth or teeth and the dental work that was performed thereon; and

vii.   include a true copy of the explanation of any benefits from the dental and/or medical insurance carrier(s); and

d.     a written statement by a participating game official (if damage or injury occurred during a supervised athletic contest), or a supervising coach or school superintendent (if damage or injury occurred during a supervised practice session), that the BAMF Mouthguard was in correct and proper use (according to all manufacturer’s instructions, including but not limited to instructions on BAMF Mouthguards’ website) and correctly fitted at the time of the damage or injury; and

e.      the BAMF Mouthguard that was worn at the time of injury or damage to the tooth or teeth is returned to BAMF Mouthguards along with all the documentation and information required to obtain coverage under this Dental Warranty; and

f.         the original Dental Warranty is returned to BAMF Mouthguards; and

g.        the original Proof of Purchase is returned to BAMF Mouthguards; and

h.       the original store receipt showing purchase of the BAMF Mouthguard, or the BAMF Custom Impression Kit, if applicable, is returned to BAMF Mouthguards; and

i.        all documentation, information and other items required to obtained warranty coverage under this Dental Warranty are actually received by BAMF Mouthguards, within twenty (20) days of the date of the claimed injury or damage to the tooth or teeth, via first class mail at the following address:

Boomba Group LLC
Attn: BAMF Dental Warranty
233 Broadway, Suite 2208
New York, NY 10279

The address above is subject to change without prior notice. Any change in such address shall be located in the “Contact Us” section of our website located at www.BAMFmouthguards.com. Upon the occurrence of any such change, the new address listed on our website shall be deemed the correct address for notice of any and all claims under this Dental Warranty.

This Dental Warranty is made in lieu of all other warranties, express or implied, including but not limited to any warranty of fitness for a particular purpose, warranty of non-infringement, any implied warranty arising out of a course of a dealing, custom, usage or trade, or any warranty relating to third party services. Except as is otherwise expressly provided herein, BAMF Mouthguards disclaims all liability for loss, injury or damage based upon negligent design and/or manufacture or defects in materials and workmanship for the within product and any product to be delivered under separate cover, if applicable. BAMF Mouthguards disclaims all liability for loss, injury or damage arising out of any claim related to or arising out of dealings with affiliated dental professionals and their employees.

The terms and conditions under this Dental Warranty are subject to change without prior notice. This Dental Warranty shall only cover products (namely, custom mouthguards) manufactured by BAMF Mouthguards using dental impressions (i) taken by a BAMF Network Dentist, or (ii) created with a BAMF Custom Impression Kit. This Dental Warranty shall not cover any product not manufactured by BAMF Mouthguards or any product modified in any way after such product has shipped to a customer, except for modifications resulting from natural use (i.e. wear and tear). Modifications made by BAMF Mouthguards or an affiliated dentist (i.e. BAMF Network Dentist) at the direction or request of a customer for any reason whatsoever may void this Dental Warranty. This Dental Warranty shall not cover any BAMF Mouthguards products obtained through a sponsorship, direct or indirect, in whole or in part, of any individual, team or company by BAMF Mouthguards. BAMF Mouthguards may postpone any and all payments under this Dental Warranty for up to one (1) year from the date BAMF Mouthguards rules a claim to be valid and payable. BAMF Mouthguards shall have the exclusive right to make any and all payment(s) to a claimant under this Dental Warranty in monthly installments not to exceed $100.00 (US). Any written statement(s) required to be provided by a claimant under this Dental Warranty must be executed and acknowledged by a notary public and initialed by claimant on every page submitted to be valid and properly submitted under this Dental Warranty.

SEVERABILITY. In the event that any of the covenants herein contained shall be held unenforceable or declared invalid for any reason whatsoever, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of this Dental Warranty and such unenforceable or invalid portion shall be severable from the remainder of this Dental Warranty.

CAUTION: ANY ATTEMPT BY A CLAIMANT TO FILE A FALSE CLAIM UNDER THIS DENTAL WARRANTY OR UNDERMINE THE LEGITIMATE OPERATION OF THE DENTAL WARRANTY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BAMF MOUTHGUARDS RESERVES THE RIGHT TO SEEK DAMAGES, LEGAL FEES AND COSTS FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CASES AND CONTROVERSIES REGARDING THIS DENTAL WARRANTY AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE DENTAL WARRANTY. ALL CLAIMANTS AND PARTICIPANTS WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.