Who We Are and Agreement to These Terms

This website (the “site”) is operated by Pittman Ueckert Partners, LLC, dba BrainVault.  These Terms of Use (“Terms”) govern your access to and use of BrainVault.com, including its pages, content, online store, forms, and related features (collectively, the “Site”), and any purchase you make through the Site. The Site is operated by the business identified below (“BrainVault,” “we,” “us,” or “our”).

By accessing the Site, submitting information through it, or placing an order, you agree to these Terms and the policies incorporated by reference, including our Privacy Policy, Shipping Policy, Returns & Refunds Policy, and applicable Product Care and Warranty terms. If you do not agree, do not use the Site or place an order. If you act for a business or organization, you represent that you are authorized to accept these Terms on its behalf.

These Terms apply to the Site unless a separate written agreement signed by BrainVault expressly governs a particular transaction or relationship. If a separate policy or agreement conflicts with these Terms on a specific subject, the more specific terms will control to the extent stated in that policy or agreement and permitted by law.

Eligibility and Use by Minors

You must have legal capacity to enter into a binding agreement to make a purchase. If you are under the age of majority where you live, you may use the Site and purchase products only with the involvement and consent of a parent or legal guardian, as permitted by law. A parent or guardian is responsible for reviewing these Terms and supervising the minor’s use of the Site and products.

BrainVault products may be intended for use by youth athletes. A parent or legal guardian should oversee product selection, fitting, care, and use for a minor and should review all product instructions and warnings.

Site Information and Availability

We aim to keep Site content accurate and current, but product descriptions, specifications, photographs, educational material, pricing, availability, and other content may contain errors or become outdated. Images are illustrative; appearance and packaging may vary. We may correct errors, update content, change or discontinue products, or modify Site features without prior notice, subject to applicable law and any order already accepted.

The Site may be unavailable from time to time for maintenance, updates, technical issues, or circumstances outside our control. We do not guarantee uninterrupted or error-free access.

Products and Intended Use

BrainVault offers athletic mouthguards, including retail boil-and-bite products and custom products or services where available. Product type, fit process, materials, instructions, and included services may differ by offering. Review the product page and the instructions supplied with your specific product before ordering or using it.

BrainVault products are intended to be used as described in their product instructions and applicable labeling. Do not modify a product or use it for a purpose inconsistent with those instructions. Stop using a product if it is damaged, does not fit correctly, causes pain or irritation, or otherwise appears unsafe, and seek appropriate professional guidance when needed.

Product availability, custom options, fitting processes, and specifications may change. We reserve the right to limit quantities, decline orders, or discontinue an offering where permitted by law.

Important Athletic Safety and Health Disclaimer

Participation in sports and physical activity involves inherent risks. A mouthguard can help protect teeth and oral structures when properly selected, fitted, maintained, and used, but no mouthguard or other protective equipment can eliminate the risk of dental, facial, head, neck, brain, or other injury.

BrainVault does not promise or guarantee that a product will prevent a concussion, traumatic brain injury, or any other injury, or that it will reduce the likelihood or severity of an injury. Any research, study, technology, or performance information presented on the Site should be understood in light of the methods, limitations, and context of the relevant material. Individual outcomes vary, and research findings do not guarantee a particular result for any user.

Site content is for general informational and educational purposes only. It is not medical or dental advice, diagnosis, or treatment and does not replace consultation with a qualified healthcare professional. Do not disregard professional advice or delay seeking care because of information on the Site. If a serious injury or medical emergency is suspected, seek immediate medical attention.

If you have oral health concerns, loose or damaged teeth, crowns, bridges, veneers, implants, fillings, braces, retainers, other orthodontic appliances, or recent dental work, consult a licensed dental professional before using BrainVault or attempting an impression or fitting process through a dental professional.

Orders, Acceptance, and Payment

Submitting an order is an offer to purchase. An order acknowledgment confirms receipt but does not necessarily mean BrainVault has accepted the order. We may accept, reject, or cancel an order where permitted by law, including for suspected fraud, unauthorized transactions, product unavailability, material listing errors, or an inability to process payment. If we cancel an order after payment, we will refund amounts paid for the cancelled items.

You agree to provide accurate contact, billing, shipping, and payment information and authorize BrainVault and its payment providers to charge the payment method you select for the total shown at checkout, including disclosed shipping charges and applicable taxes. Payment processing may be subject to the payment provider’s terms. BrainVault does not knowingly store complete payment-card information when it is processed by a third-party payment provider.

Prices, promotions, discounts, and shipping offers may change before an order is submitted. Any conditions, exclusions, or limits for a promotion will be stated with the offer or at checkout. We may correct pricing or typographical errors as permitted by law.

Shipping, Delivery, and Address Accuracy

Available shipping methods, charges, and estimated delivery windows will be shown at checkout or described in our Shipping Policy. Delivery dates and transit times are estimates and are not guaranteed unless we expressly state otherwise in writing. Carrier delays, weather, service disruptions, incorrect addresses, and other circumstances beyond our reasonable control may affect delivery.

You are responsible for reviewing the shipping address and order details before submitting an order. If a shipment is delayed, returned, or misdelivered because information provided by you is inaccurate or incomplete, additional charges or other limits may apply to the extent permitted by law. Nothing in these Terms changes any rights concerning delivery or risk of loss that cannot legally be waived.

Shipping Policy

Returns, Refunds, and Warranty

Returns, refunds, exchanges, and any satisfaction guarantee are governed by the Returns & Refunds Policy published on the Site. Any product warranty or product-care obligations are governed by the applicable Product Care and Warranty terms. Those policies are incorporated into these Terms by reference. Please review them before purchasing.

Returns, Refunds & Guarantee
Product Care & Warranty

Nothing in these Terms removes or limits a right or remedy that cannot be excluded under applicable law. If a product is defective or you believe it does not conform to an express product warranty, contact BrainVault using the details in the Contact section and follow the applicable policy.

Accounts and Information You Submit

Some Site features may require you to submit information or create an account. You represent that the information you provide is accurate, current, and complete and agree to update it when necessary. You are responsible for maintaining the confidentiality of your login credentials and for activity under your account. Notify BrainVault promptly if you believe your account has been accessed without authorization.

Do not submit another person’s personal information unless you have authority to do so. Do not send sensitive health or payment information through a general contact form unless the Site specifically provides a secure method for that information.

Intellectual Property

The Site and its content - including text, graphics, photographs, videos, designs, logos, trademarks, product names, software, and other materials - are owned by BrainVault or its licensors and are protected by applicable intellectual-property laws. Nothing in these Terms transfers ownership of those rights to you.

BrainVault grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal, lawful purposes related to learning about BrainVault and purchasing or using its products. Except as allowed by law or with our prior written permission, you may not copy, reproduce, modify, distribute, publicly display, create derivative works from, sell, or commercially exploit Site content or Marks.

BrainVault names, logos, product names, taglines, and other marks may not be used in a way that suggests sponsorship, affiliation, or endorsement without written permission. All rights not expressly granted are reserved.

Prohibited Uses

You may use the Site only for lawful purposes. You agree not to:

• violate any applicable law, regulation, or third-party right;

• provide false, misleading, fraudulent, or unauthorized information or payment details;

• attempt to gain unauthorized access to the Site, accounts, servers, or connected systems;

• interfere with Site security or operation, transmit malicious code, or disrupt other users;

• scrape, harvest, copy, or compile Site data through automated means without prior written permission, except as permitted by law;

• reverse engineer or attempt to extract source code from Site software except where such restriction is prohibited by law;

• use the Site or its content to infringe intellectual-property rights, impersonate another person, harass others, or distribute unlawful or deceptive material; or

• resell, commercially exploit, or use Site content or services in an unauthorized manner.

We may investigate suspected violations and restrict, suspend, or terminate access where reasonably necessary to protect users, BrainVault, or the Site, subject to applicable law.

Reviews, Feedback, and User Submissions

If the Site allows you to submit a review, photograph, comment, testimonial, suggestion, or other material, you are responsible for that submission. You represent that it is lawful, accurate to the best of your knowledge, based on your genuine experience where applicable, and does not infringe another person’s rights or disclose information you are not authorized to share.

You retain ownership of material you own. By submitting content to the Site, you grant BrainVault a non-exclusive, worldwide, royalty-free license to host, reproduce, display, distribute, and use it for operating, improving, and promoting BrainVault and its products, subject to applicable law, our Privacy Policy, and any separate written agreement. Do not submit content you expect to remain confidential.

We may moderate, decline to publish, or remove submissions where appropriate and permitted by law. Feedback and suggestions may be used by BrainVault without compensation or restriction, unless we agree otherwise in writing.

Third-Party Services and External Links

The Site may link to third-party websites or use third-party tools and services, including payment processing, analytics, reviews, customer support, shipping, or social media. Those services are operated by third parties and may be governed by their own terms and privacy policies. BrainVault does not control and is not responsible for third-party content, availability, security, or practices. A link or reference does not necessarily imply endorsement.

Privacy and Electronic Communications

Our Privacy Policy explains how we collect, use, and disclose information in connection with the Site. Please read it before using the Site. Your use of the Site is also subject to that policy.

When you place an order, submit a form, or contact us electronically, you consent to receive transaction-related communications electronically, including order confirmations, shipping notices, and customer-service responses. Marketing emails or text messages, if offered, will be subject to applicable consent and opt-out requirements. You may unsubscribe from marketing communications using the instructions provided in the message.

Copyright Concerns

If you believe material on the Site infringes your copyright, contact  BrainVault support with enough information for us to identify the material and understand your concern. Include your contact information, the location of the material, a description of the copyrighted work, and a statement explaining your good-faith belief that the use is not authorized. We may request additional information before taking action.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BRAINVAULT DISCLAIMS WARRANTIES RELATING TO THE SITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BRAINVAULT DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

This section concerns the Site and its content and does not override any express written product warranty or any warranty or right that cannot be excluded by law. Some jurisdictions do not permit certain warranty exclusions, so some exclusions may not apply to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAINVAULT AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAINVAULT’S TOTAL LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID BRAINVAULT THROUGH THE SITE FOR THE TRANSACTION GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US$100 IF NO SUCH PAYMENT WAS MADE. This limit does not apply to liability that cannot lawfully be limited or excluded, and does not limit non-waivable rights or remedies.

Nothing in these Terms excludes or limits liability for fraud, intentional misconduct, or other liability that cannot legally be excluded or limited. Some jurisdictions do not allow certain limitations, in which case liability is limited to the greatest extent permitted by law.

Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless BrainVault and its owners, officers, employees, and agents from third-party claims, losses, liabilities, and reasonable expenses arising from your unlawful use of the Site, your material violation of these Terms, or your infringement of another person’s rights. This obligation does not apply to the extent a claim results from BrainVault’s own conduct or where indemnification is prohibited by law.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules, except where mandatory consumer-protection law provides otherwise. Any court proceeding permitted under applicable law shall be brought in the state or federal courts located in the Texas county identified below, subject to any non-waivable rights you may have.

Before filing a formal claim, the parties are encouraged to contact one another and attempt in good faith to resolve the dispute informally. This invitation does not shorten any legal deadline or prevent either party from seeking urgent relief where appropriate. 

Changes, Suspension, and Termination

We may update these Terms from time to time. The “Last Updated” date will be revised when changes are posted. Changes will take effect as stated in the updated Terms and will apply prospectively to the extent required by law. Your continued use of the Site after updated Terms take effect indicates acceptance to the extent permitted by law.

We may modify, suspend, or discontinue all or part of the Site, or restrict access, when reasonably necessary for maintenance, security, business operations, or enforcement of these Terms, subject to applicable law. You may stop using the Site at any time. Provisions that by their nature should survive termination will survive to the extent permitted by law.

General Provisions

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law. Failure to enforce a provision is not a waiver of the right to enforce it later. You may not assign these Terms without BrainVault’s written consent. BrainVault may assign these Terms in connection with a merger, reorganization, or sale of relevant business assets, as permitted by law.

These Terms, together with the policies expressly incorporated by reference and any applicable separate written agreement, form the agreement concerning your use of the Site. They do not create a partnership, joint venture, agency, or employment relationship. Headings are for convenience only. Nothing in these Terms limits rights that cannot be waived under applicable law.

Contact BrainVault

For questions about these Terms, orders, or products, please contact BrainVault Customer Support.