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Terms

Terms

 

Dragon Martial Arts strives to give you an easy-to-use site that provides accurate content, including product information, policies, pricing and visual displays. Policies, pricing and item availability are subject to change without notice and we reserve the right to limit quantities. Prices displayed on our site are subject to final approval at the time of order fulfillment. Images are shown for representational purposes only. In the event we are unable to provide an actual image of a product, Dragon Martial Arts reserves the right to substitute a similar image for the one described in the product information. While Dragon Martial Arts tries in good faith to make sure the information in our online catalog is accurate, we are not responsible for typographical errors or technical inaccuracies. This disclaimer in no way affects the terms of any manufacturer's warranty.


User expressly agrees that use of the Dragon Martial Arts web site is at User's sole risk. Neither Dragon Martial Arts, nor its affiliates, nor any of their officers, directors, or employees agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that the Dragon Martial Arts web site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Dragon Martial Arts web site, or as to the accuracy, reliability or currency of any information content, service or merchandise provided through the Dragon Martial Arts web site. THIS SITE IS PROVIDED BY DRAGON MARTIAL ARTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. Dragon Martial Arts MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Dragon Martial Arts DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Dragon Martial Arts WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Dragon Martial Arts NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall Dragon Martial Arts or any other party involved in creating, producing or distributing the Dragon Martial Arts web site be liable for any direct, indirect, incidental, special or consequential damages that results from the use of or inability to use the Dragon Martial Arts web site, including but not limited to reliance by a User on any information obtained from the Dragon Martial Arts web site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to the Dragon Martial Arts web site's records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Dragon Martial Arts web site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.


User acknowledges that the Dragon Martial Arts web site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Dragon Martial Arts web site owns a copyright in the selection, coordination, arrangement and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.


Product images used in the online catalog may not always represent the exact product selected. Shoppers should not make purchases based upon image displays alone.
User agrees to use the Dragon Martial Arts web site only for lawful purposes.


USAGE BY PERSONS UNDER 18
Dragon Martial Arts cannot prohibit minors from visiting this site. Dragon Martial Arts must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.
The Dragon Martial Arts web site requires that certain purchases be made by individuals 18 years of age or older. EACH TIME YOU PURCHASE A PRODUCT AT THE Dragon Martial Arts WEB SITE THAT CAN ONLY BE PURCHASED BY INDIVIDUALS 18 YEARS OLD OR OLDER, YOU ARE REPRESENTING TO Dragon Martial Arts THAT YOU ARE 18 YEARS OF AGE OR OLDER.
APPLICABLE LAW


This site is created and controlled by Dragon Martial Arts in the state of Texas. As such, the laws of the state of Texas will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Dragon Martial Arts reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the state of Texas and of the United States of America located in the state of Texas for any litigation arising out of or relating to use of or purchase made through the Dragon Martial Arts web site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Texas courts and agrees not to plead or claim in any Texas court that such litigation brought therein has been brought in an inconvenient forum.


SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire understanding between you and the Dragon Martial Arts web site regarding your relationship with the Dragon Martial Arts web site and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the Dragon Martial Arts web site. The aforementioned Terms of Use are subject to change

 

LIABILITY WAIVER

Release, Assumption of Risk and Waiver of Liability and Indemnity Agreement:

By purchasing any item from this online catalog, the buyer warrants that he is in compliance with all federal and state laws and is legally able to purchase and sell any and all items shown. It is the responsibility of the buyer, not DMA-Inc, to ascertain and obey all applicable local, state, and federal laws. Consult your local law enforcement office before ordering. Absolutely NO sales to minors. By placing an order, the buyer represents that the products ordered will be used only in a lawful manner, and that he or she is of legal age to purchase said merchandise.The buyer expressly agrees to indemnify and hold harmless DMA-Inc for all claims resulting directly or indirectly from the purchase, ownership, or use of the item in violation of applicable federal, state, and local laws and regulations.