ADDITIONAL TERMS AND CLICK-THROUGH AGREEMENTS
Site And Content
OWNERSHIP OF CONTENT
Unless otherwise indicated, this Site and its design, text, content, selection and arrangement of elements, organization, graphics, and the design, compilation, and other matters related to this Site ("Content") are protected under applicable intellectual property and other laws, including without limitation those of the United States, and all Content and intellectual property rights therein are the property of MARTiAL YOU or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The Content may only be used for personal, non-commercial purposes unless otherwise stated. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The MARTiAL YOU logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of MARTiAL YOU. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
SUBMISSION OF INFORMATION THROUGH OUR SITE
By sending any information, materials, messages, Content of any sort, or any other unsolicited submissions ("Submissions") to MARTiAL YOU via this Site, you assign to MARTiAL YOU, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Submissions, and MARTiAL YOU and its affiliates and related entities may use, copy, sublicense, adapt, transmit, distribute, publicly perform, publish, display or delete such Submissions as MARTiAL YOU sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever with regard to such Submissions and that by sending any unsolicited Submissions to MARTiAL YOU you waive the right to make any claim against MARTiAL YOU, its parents or affiliates relating to unsolicited Submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality. For this reason, we ask you not to send us any Submissions that you do not wish to assign to us.
LINKED SITES AND ADVERTISING
MARTiAL YOU takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
MARTiAL YOU reserves the right to immediately terminate your use of, or access to, this Site at any time for any reason in its sole discretion. MARTiAL YOU further reserves the right to modify or discontinue this Site or any portion thereof at any time without notice.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY SITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE.
EXCLUSION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY WEBSITE WITH WHICH IT IS LINKED. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): 1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work(s) claimed to have been infringed; 3. Identification of the material that is claimed to be infringing and the location of such material on our Site; 4. Information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree to defend, indemnify and hold harmless MARTiAL YOU, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of or related to your use of this Site or your breach or alleged breach of this Agreement.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES. PLEASE REVIEW CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY. KEEPING AND USING YOUR 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 through this website or otherwise, incude equipment and gear for martial arts, boxing, yoga, and fitness. Participation in any of these activities should be considered a high-risk sports activity. Your participation in any of these activities is at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read and follow specific warnings and instructions on products and in product literature or inserts. Save these documents for reference.
Assumption of the Risk
By buying products from Martial You, you understand and agree that martial arts, boxing, yoga, fitness and demonstrations 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 Martial You including but not limited to equipment malfunction from whatever cause, or any other fault of Martial You. Additionally, you agree to indemnify, defend and hold Martial You harmless from any third party claims arising from such High Risk Activities or any products purchased from Martial You.
Limited Replacement Warranty
Martial You 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. Martial You's sole liability is limited to repairing or replacing products that are returned prepaid to Martial You within this 30-day period, unless specific product literature specifies otherwise. Due to vendor requirements, books and videos cannot be refunded once the seal is broken. Martial You's warranty as to books and videos is limited to exchange for the same title if the tape or book proves defective. See our Return and Exchange Policy for more information.
THE ABOVE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF Martial You. Martial You NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS WEBSITE OR OTHERWISE. THE ABOVE LIMITED WARRANTIES SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE. THE TERM "ORIGINAL PURCHASER" AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE UNITED STATES.
Limitation of Liability
As set forth above under the limited warranty provisions, Martial You's 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 Martial You's liability exceed the value of the products sold. Martial You shall not be liable for any special or consequential damages that result from the use of any product sold through this website or otherwise. 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.
Use and misuse of products sold through this website or otherwise, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. Martial You cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through this website or otherwise.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. Martial You 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.
All contents of this Website are the property of MARTiAL YOU and/or its suppliers.