Resignation
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES AND USES. PLEASE REVIEW IT CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, DISCLAIMERS, AND ARBITRATION PROVISIONS. KEEPING, USING OR ALLOWING THE USE OF THIS PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO ACCEPT THESE TERMS, YOU HAVE 14 DAYS FROM THE DATE OF PURCHASE TO RETURN THE UNUSED PRODUCT.
Definition
"Caray", as used in this document, means Caray MMA & Boxing, and any and all of its affiliates and/or subsidiaries and/or commercial agents, servers and employees.
High Risk Activity
Products sold by Caray include equipment 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 sporting activity. You participate in any of these activities at your own risk. You agree to consult with your personal physician before engaging in any of these high-risk activities. Read, understand, and follow specific product warnings and instructions in product literature or inserts before using the product. Save these documents for reference.
Risk Issue
By purchasing, using, providing or allowing the use of Caray products, you understand and agree that boxing, martial arts, mixed martial arts, yoga, weight training, kick-boxing, and demonstration are high-risk activities. 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 FAILURE of Caray including but not limited to the malfunction of the equipment for any reason, or any other Fault of Caray. In addition, you agree to indemnify, defend and keep Caray safe from any third-party claim arising from such High-Risk Activities or any other Caray product.
Duties of Coaches, Gyms to Inform Others of These Terms and Conditions
Before allowing others to use a Caray product, you agree that (a) you will require that they (or their legal guardian if they are minors) read, understand and accept these Terms and Conditions of Sale or Use, (b) You know that 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 Caray free from any claims made by them arising from the use of Caray products.
Disclaimer of Warranty
Caray warrants its products to be free from defects in materials and workmanship for a period of 90 days from the date of purchase, provided they have not been abused, neglected or misused. Caray's sole liability is limited to repairing or replacing products returned within this 90-day period, unless specific product literature specifies otherwise.
Limitation of Liability
As stated above in the provisions of the limited warranty, Caray's liability is limited to the repair or replacement of its products that are returned within the specified time period. In no case will Caray's liability exceed the value of the products sold. Caray will not be liable for any special or consequential damages resulting 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 for special or consequential damages, so the above limitation or exclusion does not apply to your purchase, but is intended to be the maximum as permitted by law.
Warning
The misuse of the products sold through the websites, catalogs or in any other way, including but not limited to your showroom or tournaments, involves serious risks including injury, disability and death. Buyers, users and participants assume all risk of injury. Caray cannot and will not be liable for the misuse or unauthorized and inappropriate use of products sold through Caray's websites, catalogs or otherwise, including, but not limited to, its retail showroom or tournaments.
Inspect Before Each Use
This product must be inspected prior to use to ensure that it has not been damaged in shipping. If it is damaged, do not use it and immediately return the product to Caray for a replacement.
General Waiver
Product descriptions, typographical errors, prices, and photographic errors are not intentional and are subject to correction. We are sorry, but we are not responsible for such mistakes. Caray reserves the right to reject any order placed for a product listed at an incorrect price. If you discover an error on our website or catalog, please let us know.
Applicable Law and Resolution of Disputes
Your request for Caray will be interpreted in accordance with the laws of the United States of America without taking into account your principles of choice of law. You agree that any dispute or claim arising out of or in relation to your order or its matter or training (including non-contractual disputes or claims), will be brought exclusively to the courts of the United States of America, and for this reason you submit to the jurisdiction and exclusive jurisdiction of said courts. Any cause of action or claim that you may have regarding the purchase of Caray products or any other claim related to the use of products sold through its websites, catalogs or otherwise, including but not limited to its showroom or tournaments. Commenced within one (1) year after the claim or cause of action arises. Failure by Caray to strictly comply with any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither course of conduct nor business practice will act to modify any of these terms and conditions.
Disclaimer of Promotion and Sale
Discounts do not include shipping costs. The online promo code can only be used once and cannot be combined with any other discount offer, coupon code, or promotional offer. If you return a part of your purchase, the discount will be lost. Taxes payable after deducting the coupon value. The total value of the order does not include shipping costs or taxes. Promotions and offers are subject to change without prior notice. For promotional items and packages, all products and/or services included must be returned together. If a service included in the promotion and/or package has been used (for example, a promotional code used), the total retail value of the service will be deducted from the refund amount. When a package is purchased and only part of the package is returned, the package discount is null and the total package discount will be deducted from the refund. Heavy bags and oversized items are not eligible for shipping discounts unless otherwise noted. When free shipping is offered and a minimum order total is required, the cart must add that minimum after other discounts are taken and before taxes.
