TERMS AND CONDITIONS
Effective date: December 1, 2023
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS OF USE” OR “AGREEMENT”) CAREFULLY BEFORE USING THE WEBSITE (“SET FOR SET” OR “SITE”). YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY OF THE SERVICES. IF YOU HAVE ANY QUESTIONS REGARDING OUR TERMS OF USE, PLEASE CONTACT SET FOR SET (COLLECTIVELY “WE”, “US” OR “OUR”) AT support@setforset.com
This site https://www.setforset.com (the “Site”) is owned and operated by SET FOR SET FITNESS, LLC, an Arizona limited liability company d/b/a SET FOR SET (“SFS”, “we”, or “us”).
By accessing this site, you agree to be bound by these terms of use. If you don’t agree with any of these terms, please exit the site now. Additionally, when you use any of our services (i.e., Customer Reviews), you are subjected to the rules, policies, guidelines and all conditions relevant to such service, and they are integrated into this Agreement by this reference. We reserve the right to make changes to the Site and these Terms & Conditions as we see fit, or at any time. Browsing, accessing or otherwise using this website in any way shows that you have accepted all of the Terms and Conditions set forth in this Agreement.
PRIVACY
Please refer to our PRIVACY POLICY page to fully understand how we collect and use your information. Our Privacy Policy is incorporated into our Terms of Use.
DISCLAIMER
SET FOR SET MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT. THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SET FOR SET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SET FOR SET DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SET FOR SET DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT SET FOR SET) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
PRODUCT LIABILITY
HIGH RISK ACTIVITY:
Products sold by Set For Set include equipment and gear used in boxing, martial arts, mixed martial arts, yoga, fitness, weight training, kick-boxing, and demonstration. Participation in any of these activities is a high-risk sports 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 Set For Set's products, you understand and agree that boxing, martial arts, mixed martial arts, yoga, fitness, weight training, kick-boxing, and demonstration 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 Set For Set including but not limited to equipment malfunction from whatever cause, or any other fault of Set For Set. Additionally, you agree to indemnify, defend and hold Set For Set harmless from any third party claims arising from suHigh-Riskisk Activities or any other Set For Set product.
DUTY OF COACHES, TRAINERS, GYMS TO INFORM OTHERS OF THESE TERMS AND CONDITIONS:
Before you allow others to use a Set For Set product you agree that (a) you will require that they (or their legal 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 Set For Set harmless from any claims made by them arising from their use of Set For Set products.
COPYRIGHT & TRADEMARK
All contents of this Site are: Copyright© 2016 SET FOR SET FITNESS LLC, all rights reserved.
INTELLECTUAL PROPERTY RIGHTS
Other than the content you own, under these Terms, SET FOR SET FITNESS LLC and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
TERMINATION
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
INDEMNIFICATION
You agree to indemnify SET FOR SET for certain acts of yours and omissions that violate this Agreement or the law. You agree to indemnify, defend, and hold harmless SET FOR SET, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, any false, disparaging or defamatory statements, as well as any other user of your account. SET FOR SET will notify you promptly of any claim, loss, liability, or demand.
THIRD PARTY LINKS
From time to time, this Site may contain links to websites that are not owned, operated or controlled by SET FOR SET or our respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.
LIMITATIONS OF LIABILITY
In no event shall SET FOR SET, its directors, suppliers, officer, employees, or agents be liable to you for any direct, indirect, punitive, special, incidental, or consequential damages whatsoever resulting from any of the following: (a) Mistakes, errors, or inaccuracies with regard to the content contained on this Site; (b) Any unauthorized access to or use of the site or SET FOR SET’S secure server and/or any and all personal information and/or financial information stored therein;(c) Any cessation or interruption of transmission to or from the Site; (d) Any viruses, Trojan horses, bugs or the like that may be transmitted to or through our Site by any third party; or (e) Any errors or omissions in any content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the content contained on this Site, whether based on strict liability, tort, breach of contract, breach of warranty or any other legal theory and whether or not SET FOR SET was advised of the possibility of such damages.
REGISTRATION
As a condition to using certain aspects of the Service, you will be required to register with SET FOR SET and select a password and screen name (“SET FOR SET User ID”). You shall provide SET FOR SET with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your SET FOR SET account. You shall not (i) use as a SFS User ID a name that is otherwise offensive, vulgar or obscene; (ii) select or use as a SET FOR SET User ID a name of another person with the intent to impersonate that person; or (iii) use as a SET FOR SET User ID a name subject to any rights of a person other than you without appropriate authorization. Ditto reserves the right to refuse registration of, or cancel a SET FOR SET User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your SET FOR SET password. You shall never use another user’s account without such other user’s express permission. You will immediately notify SET FOR SET in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
USER SUBMISSIONS
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. 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, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content onto the Site.
Other than personally identifiable information, which is subject to this Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
MODIFICATIONS
SET FOR SET may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site, Products offered and/or the Service; and (c) discontinue the Site, products offered and/or Service at any time.
PROHIBITED USE
The site is for selling equipment and providing useful content. You are prohibited from violating or attempting to violate any security features of the Site or Service
ELECTRONIC COMMUNICATION
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
PAYMENT AND FEES
SET FOR SET reserves the right to require payment of fees for certain features of the Service. If you decide to subscribe to these certain features, you shall pay all applicable fees, as described on the Sites in connection with such features. SET FOR SET reserves the right to change its price list and to institute new charges at any time, upon seven (7) days prior notice to you, which may be sent by email or posted on the Sites. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
GENERAL DISCLAIMER:
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. Set For Set reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalog, please let us know.
MONITORING
SET FOR SET shall have the right, but not the obligation, to monitor the content of the Service including any chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by SET FOR SET and to satisfy any law, regulation or authorized government request. SET FOR SET shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, SET FOR SET shall have the right to remove any material that SET FOR SET in its sole discretion, finds to be in violation. Although SET FOR SET reserves the right to remove, without notice, any posting for any reason, SET FOR SET has no obligation to delete submissions that you may find objectionable or offensive.
SEVERABILITY
The Terms of Use are the entire agreement between you and SET FOR SET with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and SET FOR SET with respect to the Sites. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
GOVERNING LAW & JURISDICTION
These Terms will be governed by and interpreted in accordance with the laws of the State of ARIZONA, and you submit to the non-exclusive jurisdiction of the state and federal courts located in ARIZONA for the resolution of any disputes.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that content available by means of the Site infringes one or more of your copyrights, please immediately notify SET FOR SET by means of emailed notice ("Infringement Notice") providing the information described below to the email address listed below. If SET FOR SET takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to SET FOR SET. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
All Infringement Notices should include the following:
- A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and location of the content that you claim to infringe your copyright, in sufficient detail to permit SET FOR SET to find and positively identify that content;
- Your name, address, telephone number and email address; and
- A statement by you: (i) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Infringement Notices should be scanned and sent to support@setforset.com
