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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Martial Arts Equipment Direct and Fennell Enterprises LLC. The collective work includes works that are licensed to Martial Arts Equipment Direct and Fennell Enterprises LLC. Copyright 2010, Martial Arts Equipment Direct and Fennell Enterprises LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Martial Arts Equipment Direct and Fennell Enterprises LLC or purchasing Martial Arts Equipment Direct and Fennell Enterprises LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Martial Arts Equipment Direct and Fennell Enterprises LLC or to purchase Martial Arts Equipment Direct and Fennell Enterprises LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Martial Arts Equipment Direct and Fennell Enterprises LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Martial Arts Equipment Direct and Fennell Enterprises LLC used in the site are trademarks or registered trademarks of Martial Arts Equipment Direct and Fennell Enterprises LLC


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Martial Arts Equipment Direct and Fennell Enterprises LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Martial Arts Equipment Direct and Fennell Enterprises LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Martial Arts Equipment Direct and Fennell Enterprises LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Martial Arts Equipment Direct and Fennell Enterprises LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Martial Arts Equipment Direct and Fennell Enterprises LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Martial Arts Equipment Direct and Fennell Enterprises LLC product is mistakenly listed at an incorrect price, Martial Arts Equipment Direct and Fennell Enterprises LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Martial Arts Equipment Direct and Fennell Enterprises LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Martial Arts Equipment Direct and Fennell Enterprises LLC shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Martial Arts Equipment Direct and Fennell Enterprises LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Martial Arts Equipment Direct and Fennell Enterprises LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Martial Arts Equipment Direct and Fennell Enterprises LLC.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Martial Arts Equipment Direct and Fennell Enterprises LLC products) shall be in the state or federal courts located in Dallas, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Martial Arts Equipment Direct and Fennell Enterprises LLC products) must be commenced within one (1) year after the claim or cause of action arises. Martial Arts Equipment Direct and Fennell Enterprises LLC's failure to insist upon or 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 between the parties nor trade practice shall act to modify any of these terms and conditions. Martial Arts Equipment Direct and Fennell Enterprises LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Martial Arts Equipment Direct and Fennell Enterprises LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Martial Arts Equipment Direct and Fennell Enterprises LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Martial Arts Equipment Direct and Fennell Enterprises LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Martial Arts Equipment Direct and Fennell Enterprises LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Martial Arts Equipment Direct and Fennell Enterprises LLC in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Martial Arts Equipment Direct and Fennell Enterprises LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Martial Arts Equipment Direct and Fennell Enterprises LLC may link to sites operated by third parties. However, even if the third party is affiliated with Martial Arts Equipment Direct and Fennell Enterprises LLC, Martial Arts Equipment Direct and Fennell Enterprises LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Martial Arts Equipment Direct and Fennell Enterprises LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Martial Arts Equipment Direct and Fennell Enterprises LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Reviews, communications and other content

Visitors may post reviews; send e-mail and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Fennell Enterprises, LLC reserves the right (but not the obligation) to remove or edit such content, but does not always review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Fennell Enterprises, LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fennell Enterprises, LLC and its affiliates and sublicensees the right to use the name that you submit in connection or the username for the account from which you make the submission with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Fennell Enterprises, LLC or its affiliates for all claims resulting from content you supply. Fennell Enterprises, LLC has the right but not the obligation to monitor and edit or remove any activity or content. Fennell Enterprises, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

Weapons and Sparring Gear

Weapons are sold only for collection, display or demonstration or training under expert supervision, demonstration of forms, collection, or display. Martial Arts Equipment Direct is not responsible for improper or illegal use or modification of the weapons or equipment is sells. Some weapons may be illegal in user's area, it is the users responsibility to research and follow state and local laws.

Weapons training requires: appropriate safety gear, including but not limited to head, face, eye, and mouth protection. Protection methods and gear vary for different weapons and techniques, make sure to always consult a professional and practice the appropriate safety measures. Weapons should only be used in a safe training environment.

To decrease chances of injury, user should respect weapon(s), inspect them before each use to insure they are in proper condition and not use them for sparring or contact. Weapons will not be sold to anyone under 18 years of age.

Sparring gear is intended to reduce the risk and severity of accidental injury to protected areas during supervised, no contact or light contact martial arts sparring. Gear sold by Martial Arts Equipment Direct is intended only for light martial arts sparring under the supervision of a skilled instructor who responsibly monitors techniques and intensity of sparring and insures students are properly trained and physically conditioned. All sparring participants should wear full sets of equipment and not use old, modified, damaged or improperly fitted equipment.

See product-specific warnings on and with products.

Disclaimer of Liability

Neither MartialArtsEquipmentDirect.com, nor Fennell Enterprises, LLC make any explicit or implicit warranties.

USER ASSUMES ALL RISKS.

Neither MartialArtsEquipmentDirect.com, nor Fennell Enterprises, LLC are responsible for typographical errors.

Prices and availability are subject to change without further notice.