Terms of Service | The Earnhart Company, LLC

Effective Date: 5 February 2025

The Earnhart Company, LLC Rochester, New York

1. ACCEPTANCE OF TERMS

The following Terms of Service (the “Agreement”) constitute an agreement between you, the client or website visitor (the “User” or “Client”), and The Earnhart Company, LLC (“we,” “us,” or the “Company”). By accessing the Company’s website, purchasing products, or engaging our custom manufacturing services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. GENERAL PROVISIONS AND ELIGIBILITY

2.1 Age of Majority: By using this website, you represent and warrant that you are at least 18 years of age, or the age of majority in your jurisdiction of residence. 2.2 Privacy and Data Use: The Company utilizes IP tracking and data collection for demographic analysis and operational optimization. We are committed to protecting your privacy and do not sell or lease personal data to third parties. 2.3 Modification of Terms: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Your continued use of the website following the posting of any changes to these Terms constitutes acceptance of those changes.

3. PROFESSIONAL CREDENTIALS AND SCOPE OF USE

3.1 No Doctor-Patient Relationship: The User acknowledges that while The Earnhart Company, LLC is operated by scientific professionals, the sale of products through this website is a commercial transaction for the manufacture of custom goods. This transaction does not establish a doctor-patient, dentist-patient, or clinician-patient relationship. 3.2 Nature of Products: Unless expressly designated as an FDA-cleared medical device for a specific indication, the products manufactured by the Company are intended for cosmetic, protective, or accessory use only. 3.3 No Medical Advice or Claims: The information provided on this website and the products sold herein are not intended to diagnose, treat, cure, or prevent any medical disorder, dental disease, or oral pathology. 3.4 User Acknowledgement: You acknowledge that you are solely responsible for consulting with your personal dental or medical provider regarding the suitability of any oral device for your specific anatomy and dental health.

4. PRODUCT SPECIFICATIONS AND CUSTOM MANUFACTURING

4.1 Custom Nature of Goods: The User acknowledges that the Company’s products are custom-manufactured and hand-finished. Minor variations in texture, fitment, color, and design are inherent to the manufacturing process and shall not constitute a defect ("Non-Conformity"). 4.2 Appearance: The Company makes reasonable efforts to display product colors and finishes accurately; however, we do not warrant that the User’s monitor or display will accurately reflect the actual product color. 4.3 Right to Modify: The Company reserves the right to modify product specifications, discontinue products, or adjust pricing at any time without prior notice.

5. ORDERS, PAYMENTS, AND CANCELLATIONS

5.1 Quotations: Price quotes and estimated completion dates are non-binding estimates and subject to change until a formal order is confirmed and payment is processed. 5.2 Payment Terms: Payment is required in full prior to shipment. Valid payment methods include Credit Card, Debit Card, Zelle, and Check. Wire transfers are not accepted. 5.3 Material Costs for Custom Orders: For custom orders requiring the procurement of specific materials (including but not limited to precious metals or gemstones), the Company reserves the right to charge a non-refundable deposit up to the full purchase price prior to the commencement of work. 5.4 Taxes: The Company shall collect applicable New York State and Monroe County sales tax as required by law.

6. SHIPPING, RISK OF LOSS, AND IMPORT DUTIES

6.1 Shipment Contract: All purchases are made pursuant to a shipment contract. Title and risk of loss pass to the User upon the Company’s delivery of the product to the carrier (FOB Origin). The Company is not liable for lost, stolen, or damaged shipments once in the possession of the carrier. 6.2 International Shipments: For orders shipped outside the United States, the User is the importer of record and is solely responsible for all import duties, taxes, and customs fees levied by the destination country. 6.3 Delivery Timelines: Delivery dates are estimates only. The Company shall not be liable for delays caused by carrier errors or events of Force Majeure. Refunds for expedited shipping charges will be issued only if a delay is solely attributable to the Company’s error.

7. RETURNS, REFUNDS, AND HYGIENE POLICY

7.1 All Sales Final: Due to the strict sanitary requirements of oral products and the custom nature of the manufacturing process, all sales are final. The Company does not offer returns, refunds, or exchanges for non-defective items. 7.2 Manufacturing Defects: In the event of a manufacturing or plating defect, the User must notify the Company in writing at info@earnhartcompany.com within thirty (30) days of receipt. 7.3 Remedy: Upon verification of a manufacturing defect, the Company’s sole liability and the User’s exclusive remedy shall be limited to the repair or replacement of the defective item. The Company will provide a pre-paid shipping label for the return of defective merchandise.

8. INTELLECTUAL PROPERTY

All content, features, and functionality regarding the website and the products—including but not limited to designs, text, graphics, logos, and images—are the exclusive property of The Earnhart Company, LLC and are protected by United States and international copyright, trademark, and intellectual property laws.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE EARNHART COMPANY, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR DATA, RESULTING FROM YOUR USE OF THE WEBSITE OR PRODUCTS. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT GIVING RISE TO THE CLAIM.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Earnhart Company, LLC, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the products.

11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1 Governing Law: These Terms shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. 11.2 Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach thereof shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. 11.3 Venue: The seat of arbitration shall be Monroe County, New York. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

12. CONTACT INFORMATION

Notices regarding these Terms of Service should be directed to:

The Earnhart Company, LLC Email: info@earnhartcompany.com