THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES AND USES. PLEASE REVIEW CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. KEEPING, USING, OR ALLOWING USE OF THIS PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU HAVE 14 DAYS FROM DATE OF PURCHASE TO RETURN THE UNUSED PRODUCT.
HIGH RISK ACTIVITY Products sold by Fight Arms, LLC (Fight Arms) include equipment used in boxing, self-defense, martial arts, mixed martial arts, kick-boxing, demonstration, or other similar activities. Participation in any of these activities is a high-risk sports activity. You participate in any of these activities at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read, understand, and follow specific warnings and instructions on products and in product literature or inserts before using the product. Save these documents for reference.
ASSUMPTION OF THE RISK By buying, using, providing, or allowing the use of Fight Arms products, you understand and agree that boxing, martial arts, mixed martial arts, weight training, kick-boxing, and demonstration, or other similar activities are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of Fight Arms including but not limited to equipment malfunction from whatever cause, or any other fault of Fight Arms. Additionally, you agree to indemnify, defend and hold Fight Arms harmless from any third-party claims arising from such High-Risk Activities or any other Fight Arms product.
DUTY OF COACHES, TRAINERS, GYMS TO INFORM OTHERS OF THESE TERMS AND CONDITIONS Before you allow others to use a Fight Arms product you agree that (a) you will require that they (or their legal guardian if they are minors) read, understand, and agree to these Terms and Conditions of Sale or Use, (b) you believe they (or their guardian) understand that they are participating in a high-risk activity and assume the risk of death or other personal injury, and (c) you agree to indemnify, defend, and hold Fight Arms harmless from any claims made by them arising from their use of Fight Arms products.
WARRANTY DISCLAIMER Fight Arms warrants its products to be free from defects in materials and workmanship for a period of 30 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. Fight Arms’ sole liability is limited to repairing or replacing products that are returned within this 30-day period, unless specific product literature specifies otherwise. Use of Fight Arms products not in accordance with the provided Instruction for Use will void the warranty.
LIMITATION OF LIABILITY As set forth above under the limited warranty provisions, Fight Arms' liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time. In no event shall Fight Arms' liability exceed the value of the products sold. Fight Arms shall not be liable for any special or consequential damages that result from the use of any product sold through its websites,
catalogs, or otherwise, including but not limited to its retail showroom or tournaments. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.
WARNING Use and misuse of products sold by Fight Arm involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. Fight Arms cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through Fight Arms' websites or otherwise, including but not limited to trade shows or tournaments.
INSPECT BEFORE USE This product must be inspected prior to its initial use to ensure it has not become damaged during shipment. If damaged, do not use and immediately return the product to Fight Arms for a replacement. Thereafter, this product must be inspected prior to each use to ensure it continues to be fully functional and free of damage.
GENERAL DISCLAIMER Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret but are not liable for such errors. Fight Arms reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website, please let us know.
NOTICE OF DISPUTE RESOLUTION AND ARBITRATION AGREEMENT The terms and conditions of all sales by Fight Arms, LLC provide that all disputes between you and Fight Arms will be resolved by BINDING ARBITRATION. You GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract except for matters that may be taken to THE SMALL CLAIMS COURT OF HILLSBOROUGH COUNTY, FLORIDA. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. FOR MORE DETAILS, SEE ̋APPLICABLE LAW AND ARBITRATION ̋ ABOVE. Any cause of action or claim you may have with respect to the purchase of Fight Arms products or any other claim related to the use of products sold through its website or otherwise, including but not limited to trade shows or tournaments, must be commenced within one (1) year after the claim or cause of action arises. Fight Arms' failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.