MODIFICATION

MARTiAL YOU reserves the right to modify or amend these Terms of Use without notice at any time. The latest Terms of Use will be posted on the Site, and you should always review these Terms of Use prior to using the Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Site.

PRIVACY POLICY

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy which is incorporated herein. Before using this Site, please read through these documents carefully. All personal data provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy.

ADDITIONAL TERMS AND CLICK-THROUGH AGREEMENTS

We may require you to follow additional rules, guidelines or other conditions in order to use various features of our Site, to participate in certain promotions or activities available through our Site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. For example, you will be required to enter into a separate agreement if you want to make a purchase on this Site. If any of the terms of a click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the "click-through agreement." In addition, certain areas of our Site (such as our online store) may be powered by third party service providers. Such areas may be governed by certain additional terms or policies of those third party providers.

 

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.

Posting of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication (including posting on another website) modification, copying or transmission of Content from this Site, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, is STRICTLY PROHIBITED unless you have obtained the prior written consent of MARTiAL YOU or unless it is expressly permitted by this Site. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting MARTiAL YOU in writing at P.O. Box 282, Carmel, Maine 04419, or email at This email address is being protected from spambots. You need JavaScript enabled to view it..">This email address is being protected from spambots. You need JavaScript enabled to view it..

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.

TRADEMARKS

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

You may choose to submit information to MARTiAL YOU through our Site for various reasons, such as to register, make a purchase, submit a biography or sign up for a newsletter. If you choose to submit your name, contact information, or other personal information to MARTiAL YOU for any of these purposes, you are authorizing MARTiAL YOU to utilize this information for the purpose for which it was submitted. Nothing in these Terms of Use or contained in the Site shall constitute a promise by MARTiAL YOU to interview, hire, employ, or enter into a affiliation agreement with any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Site constitute a promise that MARTiAL YOU will review any or all of the information submitted to it by users. All information submitted will be treated in accordance with our Privacy Policy.

UNSOLICITED SUBMISSIONS

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

You may create hyperlinks directly to the home page of this Site or any sub pages within this Site, provided that: (i) the hyperlink accurately describes the content as it appears on the Site; (ii) each page within our Site must be displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the applicable page within our Site; and (iii) you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or MARTiAL YOU, its affiliates, employees, agents, directors and officers. You may not copy any portion of our Site or Content to a server, except as part of an incidental caching of pages. If you wish to link to or obtain a license with regard to our Site or our Content other than as described herein, you must contact MARTiAL YOU at P.O. Box 282, Carmel, ME 04419 or email us at This email address is being protected from spambots. You need JavaScript enabled to view it. before doing so.

If MARTiAL YOU has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that MARTiAL YOU is connected with, operates or controls these web sites. MARTiAL YOU is not responsible for the content or practices of third party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with MARTiAL YOU. When visiting other web sites, however, you are subject to and should review each such web site’s individual "Terms of Use" and Privacy Policy.

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.

TERMINATION

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.

NO WARRANTIES

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.

These Terms of Use give you specific legal rights and you may also have other rights which vary from state to state. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

COPYRIGHT INFRINGEMENT

If you believe that any material contained in this Site infringes your copyright, you should notify MARTiAL YOU of your copyright infringement claim in accordance with the following procedure. MARTiAL YOU will process notices of alleged infringement which it receives and will take appropriate action pursuant to the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is: Director of Legal Affairs MARTiAL YOU P.O Box 282, Carmel, ME 04419 e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

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.


INDEMNITY

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.

 

Sales


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.

WARRANTY DISCLAIMER

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.

Warning

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.

General Disclaimer

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.