TERMS AND CONDITIONS
Effective date: December 1, 2016
This site http://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”).
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.
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.
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.
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.
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
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.
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.
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:
Infringement Notices should be scanned and sent to firstname.lastname@example.org