Warrior.com | Terms & Conditions | Terms of Sale
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
Last Updated: March 8, 2013
ANY ACCESS TO AND USE OF WARRIOR.COM, INCLUDING ANY SERVICES, CONTENT OR INFORMATION ON THE WEB SITE (COLLECTIVELY OR INDIVIDUALLY, AS THE CASE MAY BE, THE "SITE") IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AS SET FORTH IN THIS DOCUMENT AS THEY ARE AMENDED FROM TIME TO TIME (THE "TERMS"). BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. THE TERMS MAY CHANGE FROM TIME TO TIME IN WARRIOR'S SOLE DISCRETION AND YOUR USE OF THE SITE AFTER SUCH CHANGES SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY THE TERMS AS CHANGED. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
1. SITE USE GENERALLY.
1.1 Site Use. The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of WARRIOR ("WARRIOR"). You may download, copy or print pages for your personal use only. The Site and its material may not otherwise be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without our prior written permission and is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Except as expressly provided herein, WARRIOR does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information. In addition, when using a particular service and/or accessing certain materials on or through this Site, you will be subject to any posted terms, conditions and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use. Your customer relationship with WARRIOR is also governed by WARRIOR's Privacy Policy, which is also posted on this Site.
1.2 Links to Other Materials.
1.2.1 Some linked sites are not under the control of WARRIOR and WARRIOR is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. WARRIOR reserves the right to terminate any link or linking program at any time. WARRIOR provides such links only as a convenience to you. WARRIOR has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.
1.2.2 WARRIOR may provide you information from third parties as part of this Site. Unless expressly stated, WARRIOR does not represent, endorse or guarantee the accuracy, completeness, timeliness, reliability or suitability of any information provided by third-parties. You agree that WARRIOR is not responsible for third party information accessible through this Site, including opinions, advice, statements, and advertisements, and that you use such information at your own risk.
1.3 Territory. WARRIOR operates this Site from its office within the United States. WARRIOR makes no representation that content and materials on this site are legal or appropriate for use from outside the United States. Please keep in mind that this Site may not conform to the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.
1.4 Supplier/Product Information. Any information related to a supplier or product on the Site, which is not part of WARRIOR, does not represent any endorsement by WARRIOR of the quality of the supplier or product offered.
1.5 Third Party Service Providers. WARRIOR may use third party service providers to help develop and maintain this site, to provide specific services offered through this site, and to help service your Account. You agree that the terms and conditions set forth in these Terms of Use, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by WARRIOR. All references to WARRIOR are deemed to include its agents and service providers. All agents and service providers of WARRIOR will be authorized to use your information only for the purpose for which they are hired.
1.6 Password and Site Access.
1.6.1 You are solely responsible for the security of online access to this Site and your Account, and you must take precautions to protect the confidentiality of your password and other login information (collectively, your "Account"). You should not share your password or login information with any other person or entity. You are solely responsible for verifying the accuracy of all transactions placed in your Account and for ensuring that you receive a confirmation for all transactions placed for your Account.
1.6.2 Contact WARRIOR immediately if you suspect unauthorized use of your password or login information, or any other unauthorized activity on your Account. You must exit fully out of your account at the end of each session. You are and will be responsible for all activities conducted on and with the Site that make use of your password and/or login information, and for any charges or fees incurred by the use of that password and/or login information, including any use you may subsequently contend was not authorized by you. WARRIOR may justifiably assume that any orders or instructions received through any electronic systems and placed under your Account or password were placed or authorized by you.
2. SITE MATERIALS, SERVICES AND SOFTWARE.
2.1 Through this Site, WARRIOR may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Site (collectively, "Materials"); and (b) various services and functionality (collectively, "Services").
2.2 WARRIOR and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use and display Materials; and (b) use the tools and software on the Site (collectively, "Software") solely for your own informational, financial and non-commercial use. In these Terms of Use, all references to the "Site" shall be deemed to include all "Software," "Materials" and "Services," unless otherwise expressly indicated. All rights not expressly granted by WARRIOR to you are retained by WARRIOR, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
2.3 The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of WARRIOR, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) "frame" or "mirror" the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) download or copy Account information for the benefit of another merchant; (i) use any data mining, robots, or similar data gathering and extraction tools; or (j) use any meta tags or any other "hidden text" utilizing WARRIOR's name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to WARRIOR by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of WARRIOR.
2.4 The following is a partial list of the trademarks that we or our affiliates own:
Failure of a mark to appear on this page does not mean that we do not use or own that mark. Our trademark cannot be used without an express, written license agreement. Our trademark and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WARRIOR. All other trademarks not owned by WARRIOR that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WARRIOR.
2.4 WARRIOR and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.
3. COPYRIGHT VIOLATIONS
3.1 Notification of Alleged Copyright Infringement. If you believe that your own copyrighted work is accessible on the Site in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material.
- Identify the URL or other specific location on the Site that contains the material that you claim infringes your copyright described above. You must provide us with reasonably sufficient information to locate the alleged infringing material.
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
- Your name, mailing address, telephone number and email address.
Submit your Notification of Alleged Copyright Infringement to our Designated Agent by fax, mail, or E-Mail as set forth below:
WARRIOR Designated Copyright Agent
Address:
32125 Hollingsworth Ave.
Warren, MI 48092
Upon receipt of a proper Notification of Alleged Copyright Infringement as set forth above, we will remove the allegedly infringing Content and notify the alleged infringer. The alleged infringer will also be notified of the DMCA Counter Notification procedure set forth below.
3.2 Counter Notification. If you believe your copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
- A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent.
- Your name, address and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
Submit your Notification of Alleged Copyright Infringement to our Designated Agent by fax, mail, or E-Mail as set forth below:
WARRIOR Designated Copyright Agent
Address:
32125 Hollingsworth Ave.
Warren, MI 48092
Within a reasonable time after receiving a valid Counter Notification that complies with these requirements, we will restore the Content removed, unless our Designated Agent is informed by the originator of the Notification of Alleged Copyright Infringement that such party has instituted an action in court against you concerning the allegedly infringing Material.
3.3 Repeat Infringers. In compliance with the DMCA, it is WARRIOR'S policy to terminate users who WARRIOR deems to be repeat infringers of the copyrights of others. WARRIOR also reserves the right, in its sole discretion, to limit or terminate the rights or membership of users who violate these Terms, through infringement of the intellectual property rights of others, or otherwise.
4. DISCLAIMER OF WARRANTIES.
4.1 General. WARRIOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. WARRIOR UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE SITE. WARRIOR ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.
4.2 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WARRIOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE.
4.3 Assumption of Risk. BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE WARRIOR, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS.
5. LIMITATION OF LIABILITY AND REMEDIES.
5.1 Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WARRIOR BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WARRIOR KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PUR POSE. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.
5.2 Indemnification. You agree to defend, indemnify and hold WARRIOR harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney's fees), which WARRIOR may hereafter incur, become responsible for or pay out arising out of your use of the Site, WARRIOR'S display, publication, distribution or any other use of the Content you submit, or your breach of any term or provision of these Terms.
6. PRODUCT INFORMATION, PRICING AND ORDERS.
6.1 All prices are listed in U.S. Dollars. The prices and availability of products are subject to change without notice. If WARRIOR discovers an error in either pricing or availability it will seek to correct it. WARRIOR reserves the right to revoke any offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
6.2 In compliance with California law (SB 657), WARRIOR: (a) undertakes to verify its product supply chains to evaluate and address risks of human trafficking and slave labor; (b) conducts various types of independent audits, both announced and unannounced, of its suppliers to evaluate supplier compliance with Warrior standards for trafficking and slavery in supply chains. Such audits conducted under this program are performed by WARRIOR and third-parties; (c) requires certification by its direct suppliers that materials used to make its products are from suppliers that comply with laws regarding slavery and human trafficking in the country or countries in which they are doing business; (d) maintains internal accountability standards and procedures; and (e) provide company employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery, particularly with respect to mitigation risks within the supply chain of products.
6.3 By ordering an item on the Site, you are agreeing to purchase the products selected. All purchases shall be governed by the Terms of Sale.
8. PRIVACY.
We have a policy that addresses this issue. Your use of our Site is subject to it. Please read Our Privacy Policy so that you understand the parameters of privacy when using our Site.
9. GENERAL TERMS.
9.1 Modification. WARRIOR reserves the right at any time and in WARRIOR'S sole discretion to change the terms, conditions, and notices under which the Site is offered. WARRIOR may revise the Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of the Terms may be superseded by expressly designated legal notices given to you or terms located on particular pages at the Site. WARRIOR also reserves the right at any time and in our sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that WARRIOR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
9.2 Jurisdiction. The Terms shall be governed by and interpreted according to the laws of the State of Michigan, without regard to conflicts of law principles. WARRIOR and you agree that all disputes and litigation regarding the Terms, the Site, and matters connected with its performance or relating to the use of the Site shall be subject to, and they each consent to jurisdiction and venue in, the state and federal courts whose jurisdiction includes Oakland or Macomb Counties, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this section.
9.3 Equitable Relief. You recognize and acknowledge that a breach by you of any of your obligations under the Terms will cause WARRIOR irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of our goodwill, reputation, or rights in the Site, WARRIOR shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.
9.4 Entire Agreement. The Terms embody the entire agreement and understanding between WARRIOR and you with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms shall affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms.
9.5 Termination. IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE YOU SHOULD DISCONTINUE YOUR USE OF THE SITE. WARRIOR may terminate your access to this Site at any time and for any reason without prior notification. Additionally, WARRIOR may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Account, as applicable, and all related information and files. We reserve the right to bar any further access to such files and this Site. You agree that we will not be liable to you or any third-party for any termination of your Account or access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.
9.6 Complaints. If you have any complaints or wish to report any violation of these Terms of Use, please Contact Us.
Effective Date: March 8, 2013
Terms of Sale
All sales of products by Warrior Sports, Inc. ("we," "us," "our," or "Warrior") through the warrior.com website (the "Site") are made on the following terms and conditions. By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to these Terms of Sale will be effective when posted. These Terms of Sale are intended to supplement the Site's Terms of Use found here and Returns & Warranty Policy found here, each of which are incorporated herein by reference. In these Terms of Sale, any products you purchase from Seller are referred to below as "goods."
Privacy. We take the issue of privacy on the Internet very seriously. To view our Privacy Policy, click here.
Payment Terms. We have the right to increase our prices at any time without notice. We accept Visa, MasterCard, American Express and PayPal. We do not accept checks, drafts, or money orders for orders submitted through the Site.
Pricing; Shipping; Pricing Errors. Any prices stated on the Site are quoted in U.S. dollars and do not include shipping and handling, expedited service, or sales taxes, if applicable. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order. We make every effort to provide accurate information about our products and pricing on the Site. If the amount you pay for the goods is obviously incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred. If an order you placed is cancelled due to mispricing, we will notify you of the cancellation.
Risk; Title. The goods will be at your risk from the time of delivery. Ownership of the goods will only pass to you from the time of delivery. Risk in relation to goods being returned to us passes from you to us once we acknowledge receipt of the returned goods.
Cancelations or Order Changes. To cancel or change an order, please call Customer Care at (800) 968-7845 (Equipment) or (866) 356-1369 (Footwear and Apparel). We typically ship within one business day. If you email us regarding a cancellation, we cannot guarantee we will receive your message before your order ships.
Display. We make every effort to display the items featured on this Site as accurately as possible. However, your computer monitor's display and color capabilities may greatly affect the colors actually seen on the Site. We are not responsible for the limitations of your monitor's display of any color or detail. For optimal viewing, we recommend setting your monitor to 1024 x 768.
Quantity Limits. We reserve the right to set quantity-per-order limits on any and all items sold on the Site. We may also limit the item quantity available to any single person or household over a given period of time. These restrictions may be applied to orders using the same credit card or billing or shipping address.
Limitation of Liability. FOR ANY BREACH OF THESE TERMS AND CONDITIONS, WARRIOR'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE GOODS YOU ORDERED. IN NO EVENT SHALL WARRIOR BE LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, PERSONAL INJURY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE SALE AND PURCHASE TRANSACTION, EVEN IF WARRIOR KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES.
Unavoidable Delay. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Sale that is caused by events outside our reasonable control (Force Majeure Event). Our performance under any order of goods is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the order of goods may be performed despite the Force Majeure Event.
Applicable Law. This agreement and the relationship between you and Warrior shall be considered to have been made in the State of Michigan, and it shall be governed by and interpreted according to Michigan law. Either party may bring any action that arises out of or relates to this agreement in any federal or state court in Macomb County, Michigan, that has jurisdiction of the subject matter, and Buyer irrevocably consents that any such court shall have personal jurisdiction over Buyer and waives any objection that the court is an inconvenient forum.
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