Terms of Use Agreement

Last Updated: February 11, 2026

1. Acceptance of Terms

By accessing, browsing, creating an account, or purchasing from Richard D. Downs D.D.S., P.C. (doing business as USA-GUARD) ("Company", "we", "us", or "our"), the owner and operator of the brand and website Nefense, you ("User", "you") agree to be bound by these Terms of Use ("Terms"). Your use of the Site is also subject to our Privacy Policy and Shipping & Returns Policy.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE USING THIS WEBSITE.

2. Age Requirement (18+)

This Site is intended only for users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

3. Health, Medical & Regulatory Disclaimer

PLEASE READ CAREFULLY:

• No Medical Advice: The content provided on this Site—including product descriptions, blog posts, and educational materials regarding Hypochlorous Acid (HOCl)—is for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
• No Doctor-Patient Relationship: Although the Company is owned by a dental professional (Richard D. Downs, D.D.S.), your purchase or use of products from Nefense does not create a doctor-patient relationship.
• Regulatory Status (Cosmetic & OTC):
  • Certain products on this Site are classified as cosmetics intended for cleansing and beautifying purposes.
  • Certain products may be OTC Registered (Over-the-Counter) drug products listed with the FDA.
  • Crucial Distinction: Unless explicitly stated otherwise, our products have not been "FDA Cleared" or "FDA Approved" as medical devices or new drugs. Statements regarding dietary supplements or cosmetic benefits have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any systemic disease.
• Emergency: If you think you have a medical emergency, call your doctor or 911 immediately.

4. Products and Purchases

Product Availability: All products (nasal sprays and other hygiene products) are subject to availability. We reserve the right to limit the quantities of any products or services that we offer.

Pricing: Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

Permitted Use: You agree to use the products only as directed on the packaging. You agree not to resell, distribute, or export the products for commercial purposes without our express written consent.

5. Subscription Services

If you enroll in our "Subscribe & Save" or auto-ship program (if available):

• Automatic Renewal: By subscribing, you agree that your subscription will automatically renew at the selected interval (e.g., every 30 days) and your payment method will be charged automatically at the start of each new period.
• Cancellation: You may cancel your subscription at any time by logging into your account or contacting customer support. Cancellations must be received at least 24 hours before the next scheduled billing date to avoid being charged for that cycle.

6. Billing and Payment

We use third-party payment processors (e.g., Stripe, PayPal, Shopify Payments) to bill you. By submitting payment information, you grant us the right to provide this information to these third parties. You represent and warrant that you have the legal right to use any credit card or payment method utilized in connection with any transaction.

7. Returns and Refunds (Hygiene Policy)

Final Sale on Opened Items: Due to the nature of our products (hygiene and personal care), we strictly do not accept returns on opened, unsealed, or used products for health and safety reasons.

Damaged/Defective: If you receive a product that is damaged or defective upon arrival, please contact us within 7 days of receipt for a replacement.

For our full policy, please refer to our Shipping & Returns Policy page.

8. Intellectual Property

All content included on the Site, such as text, graphics, logos, images, audio clips, and software, is the property of Richard D. Downs D.D.S., P.C. or its content suppliers and is protected by United States and international copyright laws. The name "Nefense" and associated logos are trademarks of the Company. You may not use these trademarks without prior written permission.

9. User Comments and Reviews

If you post reviews or comments on our products: You grant us a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, and publish such content. You agree not to post content that is false, misleading, defamatory, or claims that a product "cured" a specific disease. We reserve the right to remove any such content at our sole discretion.

10. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU 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 OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL RICHARD D. DOWNS D.D.S., P.C., USA-GUARD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS 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, OR DATA, ARISING FROM YOUR USE OF THE SITE OR ANY PRODUCTS PROCURED USING THE SITE.

12. Indemnification

You agree to indemnify, defend, and hold harmless Richard D. Downs D.D.S., P.C. (dba USA-GUARD) and our partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

13. Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of law provisions.

Dispute Resolution: Any dispute relating in any way to your visit to the Site or to products you purchase shall be submitted to confidential arbitration in Iowa, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Iowa. You consent to exclusive jurisdiction and venue in such courts.

14. Changes to Terms

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.

15. Contact Information

Questions about the Terms of Use should be sent to us at:

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