TERMS AND CONDITIONS OF SALE
The terms and conditions set forth below apply to all sales of UniformsforMartialArts.com (hereinafter referred to as "UFMA") products. These terms and conditions include, but are not limited to Limited Warranties, Warranty Disclaimers, Limitations on Liability, and Mandatory Arbitration Provisions. Keeping or using a UFMA product indicates your agreement to the terms and conditions set forth below. If you do not wish to agree, you must not use the product and must also return the UNUSED product to UFMA within 30 calendar days from the date of purchase.
MARTIAL ARTS WARNING AND DISCLAIMER
Martial arts, training, and boxing, as well as weapons demonstrations, are dangerous, high-risk activities. They involve serious risks, including, but not limited to, the risk of serious injury, disability, or death (Personal Inury"). UFMA's products do not eliminate, warrant, or guarantee to protect the user from Personal Injury. UFMA's products should be used only during supervised martial arts activities and should be inspected before each use to ensure that they are functioning properly. Do not use any product that does not appear to be in a proper or safe condition. Read and follow all specific product warnings and instructions. Save all product documentation for your reference
MARTIAL ARTS WEAPONS WARNING AND DISCLAIMER
Martial arts weapons are sold solely for the purposes of collection, display, or demonstration by experts. Do not use weapons for sparring or contact of any kind. Martial arts weapons may be illegal in some areas. The sale and purchase of certain items may be regulated or prohibited by Federal, State and/or Local laws that may be applicable to you. It is your responsibility to check the laws that are applicable to you or in your area before purchasing. By purchasing any of UFMA's products, you represent and warrant that the purchase is compliant with all applicable laws, including, but not limited to, all laws concerning the legal age for the purchase, use, ownership, or possession of such products. UFMA will not sell weapons to anyone who is less than 18 years of age without parental consent in accordance with applicable law.
ASSUMPTION OF RISK DISCLAIMER
When using any of UFMA's products, the user expressly and voluntarily assumes all risks, including, but not limited to, the risks of personal injury. This assumption of risk applies whether or not personal injury was caused by the negligence or other fault of UFMA, including, but not limited to, the malfunction of a UFMA product from whatever cause. Additionally, you agree to indemnify and hold UFMA harmless from any third party claims involving any product you have purchased from UFMA.
LIMITED REPLACEMENT WARRANTY
UFMA warrants its products to be free from defects in materials and workmanship for a period of 90 calendar days from the date of purchase, provided they have not been subjected to abuse, neglect, or misuse. UFMA's sole liability shall be limited to the repair or replacement of such products which are returned to UFMA within this 90 day period.
WARRANTY DISCLAIMERS
The limited replacement warranty stated above shall be in lieu of all other warranties. There shall be no express or implied warranties arising out of any alleged course of dealing, custom, or usage of trade. UFMA expressly disclaims any and all express or implied warranties of merchantability or fitness for any particular purpose.
LIMITATION ON LIABILITY
If any claim is made against UFMA that involves a product UFMA has sold which is not covered by the limited replacement warranty stated above, UFMA's liability shall be limited to an amount equal to the sale price paid to UFMA by the original purchaser of said product, which shall constitute the sole and exclusive remedy against UFMA. In no event shall UFMA be liable for any special, incidental, consequential, exemplary or other contractual or tort damages, including, but not limited to, any damages resulting from any loss of use, profits, or business, even if UFMA has been advised of the possibility of such damages.
GENERAL DISCLAIMER
All prices, specifications, and color shades are subject to change without notice.
GOVERNING LAW, CHOICE OF FORUM, AND ARBITRATION OF DISPUTES
Although we do not anticipate any disputes involving UFMA's products, you agree that any and all disputes or controversies of any kind arising between or among you and UFMA (collectively referred to as the "CLAIMS") shall be governed by Florida law. You agree that any claim for which there is no federal jurisdiction and which does not exceed $5000.00 (exclusive of costs, interest, and attorney's fees) shall be litigated under the Florida small claims rules in the county court of Broward County, Florida. You further agree that any other claim shall be resolved exclusively through binding arbitration pursuant to the provisions of the Florida Arbitration Code before the American Arbitration Association ("AAA") in Broward county Florida. In the event of arbitration, the arbitration panel will consist of three (3) attorneys whose experience makes them familiar with the types of claims involved in the arbitration. The AAA rules and procedures are available upon request by contacting the local chapter of the AAA. The arbitrator shall not conduct class arbitration; that is, the arbitrator shall not allow you to serve as a representative, as a private attorney general, or in any other representative capacity for others in the arbitration.
SEVERABILITY
If any portion of these terms and conditions is invalidated by a Court of competent jurisdiction, then all of the remaining terms and conditions shall remain in full force and effect.
NOTICE OF DISPUTE RESOLUTION AGREEMENT AND WAIVER OF YOUR RIGHTS
By agreeing to the governing law, choice of forum, and arbitration of disputes provisions above, you are waiving certain rights. Among other things:
A) You and UFMA are waiving their right to have a trial by jury to resolve any dispute between them;
B) You and UFMA are waiving their right to have a court, other than a small claims tribunal, resolve any dispute between them; and
C) You are waiving your right to participate in a class action claim against UFMA.
Keeping or using a UFMA product indicates your agreement to the terms and conditions set forth above. If you do not wish to agree, you must not use the product and must also return the UNUSED product to UFMA within 14 calendar days from the date of purchase.