Purchase Agreement
Terms & Conditions:
*******By purchasing Warrior Tough LLC products, you agree to the following purchase agreement.*******
This website is owned and operated by Warrior Tough LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement').
This agreement is in effect as of January 1, 2024.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. The following terms and conditions apply to all sales and use.
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.
Definition: “Warrior Tough” as used herein means Warrior Tough, LLC and any of its affiliates or business partners.
Responsible Use and Conduct: By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any Warrior Tough employees or representatives. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of http://www.wtgear.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.i. You agree to indemnify and hold harmless Warrior Tough and any of its parent company and affiliates, their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account.
We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
High Risk activity: Products sold by Warrior Tough include equipment and gear used in various contact sports to include: boxing, martial arts, mixed martial arts, yoga, fitness, weight training, kick-boxing, American football, soccer, rugby, cycling, medieval contests and other sports and demonstrations. Participation in any of these activities is a high-risk sport 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 Warrior Tough products, you understand and agree that you are participating in a high risk activity 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 WHETHERE OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of Warrior Tough, including, but not limited to, equipment malfunction from whatever cause, or any other fault of Warrior Tough.
Additionally, you agree to indemnify, defend and hold Warrior Tough harmless from any third party claims arising from such High Risk Activities or any other Warrior Tough products. Duty of Coaches, Trainers, Gyms to inform others of these Terms and ConditionsBefore you allow others to use a Warrior Tough product you agree that (a) you will require that they (or their 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 Warrior Tough harmless from any claims made by them arising from their use of Warrior Tough products. You agree to follow proper matching and time sparring as outlined in your combat sport or sport rules and regulations you are doing.WARRANTY DISCLAIMERTHE 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 WARRRIOR TOUGH NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS WEBSITES, CATALOGS, OR OTHERWSE, INCLUEING BUT NOT LIMITED TO ITS RETAIL SHOWROOM OR TOURNAMENTS. THE ABOVE LIMITED WARRANTIES SHAL NOT APPLY TO ANY PRODCUT WHICH HAS BEEN SUBJECTED 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 AND CANADA.
Limited Replacement Warranty Warrior Tough warrants its products to be free from defects in materials and workmanship for a period of 30 days from the date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. Warrior Tough’s sole liability is limited to repairing or replacing products that are returned for workmanship flaws. Warrior Tough retains the right to refuse return and or replacement based on each individual case. A product may not be soiled or used when returned. Returns are for changes in size or because of a flaw in materials or workmanship.
Limitation of Warranties By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected. Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from http://www.wtgear.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of LiabilityIn conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against Warrior Tough shall be limited to the amount you paid, if any, for use of products and/or services. Liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time within the original packing. In no event shall Warrior Tough’s liability exceed the value of the products sold. Warrior Tough will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.Warrior Tough 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 Warrior Tough include serious risks including injury, disability and death.
Purchasers, users and participants assume all risk of injury. Warrior Tough cannot and will not be responsible for the misuse or unauthorized and or improper use of products sold. Inspect Before each Use. This product must be inspected before each use to be sure it is not damaged. If damaged, do not use. If damaged in shipment immediately return within the specified warranty period for a replacement in its original container with packing.
General Disclaimer Products descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. Warrior Tough reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in or website or catalog, please let us know. Applicable Law and Arbitration of Disputes Your order from Warrior Tough shall be governed in all respects by the laws of the State of Michigan, U.S. If the amount of controversy does not exceed the amount allowed in the Small Claims Division of the District Court in Midland County Michigan, you agree that Court has jurisdiction and venue, and you agree to resolve the dispute in that Court. You agree that any dispute or controversy arising out of or relating to the purchase of goods from Warrior Tough exceeding the amount allowed in the Small Claims Division shall be resolved exclusively and finally by arbitration subject to the provisions of the Uniform Arbitration Act as enacted in Michigan. Such arbitration shall occur in Midland County Michigan before a sole arbitrator. Any award rendered in any such arbitration proceeding shall be final and binding on each of the parties, and judgement may be entered thereon in a court of competent jurisdiction. Any cause of action or claim you may have with respect to the purchase of Warrior Tough products or any other claim related to the use of products sold through, or by Warrior Tough or affiliates, must be commenced within two months after the claim or cause of action arises. Warrior Tough’s 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.NOTICE OF DISPUTE RESOLUTION AND ARBITRATION AGREEMENTThe terms and conditions of all sales by Warrior Tough provide that all disputes between you and Warrior Tough will be resolved by BINDING ARBITRATION. You GIVE UP YOR 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 MIDLAND COUNTY, MICHIGAN. Your rights will be determined by a NEUTRAL ARITRATOR (determined by Warrior Tough) and NOT a judge or jury. You are responsible for all incurred costs prior to the findings of Binding Arbitration. 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 REVEW BY A COURT. FOR ADDITIONAL DETAILS, SEE “APPLICABLE LAW AND ARBITRATION” ABOVE.
Copyrights/Trademarks All content and materials available on http://www.wtgear.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Warrior Tough, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by http://www.wtgear.com
Termination of Use You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law This website is controlled by http://www.wtgear.com from our offices located in the state of MI, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of MI, by accessing our website, you agree that the statutes and laws of MI, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in United States, MI. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee UNLESS OTHERWISE EXPRESSED, http://www.wtgear.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact Information If you have any questions or comments about these our Terms of Service as outlined above, you can use our contact form or contact us at: http://www.wtgear.com
Warrior Tough, LLC.
Michigan, United States