Legal Disclaimer

LEGAL NOTICE AND TERMS OF USE

 Anti-Choking Device
 Last Updated: April 25, 2026

EMERGENCY WARNING

Choking is a life-threatening emergency. Call 911 or your local emergency number immediately.

Do not postpone contacting emergency medical services in order to use the NovaCare device. Follow the instructions provided by emergency dispatchers. After any choking incident, medical evaluation should be obtained, even when the airway obstruction appears to have been successfully cleared.

NOT A SUBSTITUTE FOR MEDICAL CARE

The NovaCare device is intended as an emergency aid and should not be considered a replacement for:

  • Calling emergency medical services

  • CPR or first-aid training

  • The Heimlich maneuver or other established choking-rescue procedures

  • Examination and treatment by qualified medical professionals

  • Medical advice from a licensed healthcare provider

INTENDED USE AND USER RESPONSIBILITIES

Users are responsible for understanding and following the product's instructions and safety warnings.

Before an emergency occurs, users should familiarize themselves with the device and understand how it is intended to be used.

The device should only be used according to its instructions and only in appropriate emergency situations.

In every choking emergency, emergency medical services should be contacted immediately. Medical evaluation should also be sought following a choking incident.

The device should be stored safely and kept away from children unless an adult is supervising its use.

RISK NOTICE AND NO GUARANTEE OF RESULTS

Choking can result in serious injury, brain damage, or death, even when immediate action is taken and proper techniques are followed.

Is does not guarantee that the device will successfully resolve every choking emergency.

The outcome of an emergency may depend on circumstances outside the company's control, including the individual's physical condition, the nature and location of the obstruction, how quickly assistance is provided, the technique used, and other medical complications.

MEDICAL ADVICE DISCLAIMER

Information presented through the NovaCare website, product packaging, instructional materials, marketing content, customer support, or social-media channels is provided for general educational purposes only.

Such information should not be considered medical advice, diagnosis, or treatment.

For medical questions or concerns, users should consult an appropriately licensed healthcare professional.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, and its officers, directors, employees, agents, affiliates, distributors, and manufacturers will not be responsible for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits or revenue, arising from or relating to the product, its use or misuse, inability to use the product, or reliance on information provided by the company.

If liability is imposed on and cannot legally be excluded, that liability will, to the maximum extent permitted by law, be limited to the amount paid by the customer for the product.

Where applicable law does not permit certain limitations of liability, those limitations will apply only to the extent legally permitted.

IMPORTANT LEGAL NOTICE ABOUT PERSONAL INJURY CLAIMS

Nothing in this disclaimer is intended to eliminate or restrict liability in circumstances where such limitation would be unlawful.

This includes liability that cannot legally be waived, such as liability arising from gross negligence, reckless conduct, or intentional misconduct.

IMPORTANT SAFETY INFORMATION

In any choking emergency, call 911 immediately.

The Anti-Choking Device is described as an FDA-registered Class I medical device intended to serve as a supplemental airway-clearance tool while emergency medical services are being contacted or awaited.

It is not a replacement for standard choking-response procedures, emergency medical services, CPR, or the Heimlich maneuver.

The effectiveness of the device may depend on factors such as correct operation, an appropriate facial seal, the user's age, facial anatomy, facial hair, and other individual circumstances.

Results may vary, and successful results are not guaranteed in every emergency. Users should always follow all instructions and safety warnings supplied with the product.

WARRANTY AND RETURNS

Unless a separate written warranty or return policy from expressly provides otherwise, the product is supplied without warranties to the maximum extent permitted by applicable law.

Any remedy available to a customer who is dissatisfied with the product is limited to the remedies specifically provided under the company's applicable return policy.

INDEMNIFICATION

Users agree to indemnify and hold harmless, including its officers, directors, employees, and agents, from claims, damages, losses, liabilities, and expenses—including reasonable attorney fees—that arise from:

-  Misuse of the product

- Failure to follow product instructions or safety warnings

- Violation of the applicable terms

- Unlawful acts or omissions involving the product

THIRD-PARTY STATEMENTS AND UNAUTHORIZED SELLERS

ls not responsible for statements or representations made by third parties, including influencers, affiliates, reviewers, online forums, or unauthorized sellers.

Only information published through official channels should be regarded as official company information.

BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER

Disputes relating to the product, purchases, product use, the website, or these terms are generally subject to binding individual arbitration rather than court proceedings, except where an individual claim qualifies for small-claims court.

The arbitration process is intended to occur on an individual basis. Both the customer and Top C Group LLC agree that claims may be brought only individually and not as part of a class, collective, private-attorney-general, or representative action.

Arbitration Opt-Out

Customers may choose to opt out of the arbitration agreement within 30 days of purchase.

To do so, the customer must email support@antichokingtool.com , provide their name and order number, and clearly state that they are opting out of arbitration.

Opting out of arbitration does not necessarily remove the class-action waiver to the maximum extent permitted by law.

The arbitration provision is governed by the Federal Arbitration Act.

TIME LIMIT TO BRING CLAIMS

To the maximum extent allowed by law, any claim must be brought within one year from the event giving rise to the claim. Claims brought after this period may be permanently barred.

GOVERNING LAW AND VENUE

These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law principles.

The arbitration provisions are governed by the Federal Arbitration Act.

For disputes that are determined not to be subject to arbitration, the parties agree to the exclusive jurisdiction of applicable state and federal courts located in Delaware.

SEVERABILITY

If any provision of these terms is determined to be invalid or unenforceable, the remaining provisions will continue to remain effective.

Any unenforceable provision will be enforced to the maximum extent permitted by applicable law.

CHANGES TO THESE TERMS

May revise or update this Legal Disclaimer from time to time.

When changes are made, the company will publish the revised version with an updated Last Updated date.

Continued use of the product or website after the updated terms have been posted constitutes acceptance of the revised terms.

CONTACT
 Wilmington, Delaware, United States
 Email: support@antichokingtool.com 

FOR MEDICAL EMERGENCIES

Call 911 or your local emergency number immediately.