THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES. PLEASE REVIEW CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. KEEPING AND USING YOUR PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU HAVE 14 DAYS FROM DATE OF PURCHASE TO RETURN THE UNUSED PRODUCT.
HIGH RISK ACTIVITY
Products sold through the Gameness website, catalog or otherwise, include equipment and gear for martial arts, fitness, demonstration. Participation in any of these activities should be considered a high-risk sports activity. Your participation in any of these activities is at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read and follow specific warnings and instructions on products and in product literature or inserts. Save these documents for reference.
ASSUMPTION OF THE RISK
By buying Gameness products, you understand and agree that martial arts, boxing, fitness, demonstrations 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 Gameness, LLC including but not limited to equipment malfunction from whatever cause, or any other fault of Gameness, LLC. Additionally, you agree to indemnify, defend and hold Gameness, LLC harmless from any third party claims arising from such High Risk Activities or any other Gameness product.
LIMITED REPLACEMENT WARRANTY
Gameness, LLC warrants its products to be free from defects in materials and workmanship for a period of 90 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. Gameness, LLC sole liability is limited to repairing or replacing products that are returned prepaid to Gameness, LLC within this 90-day period, unless specific product literature specifies otherwise.
THE ABOVE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF GAMENESS, LLC. GAMENESS, LLC NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS WEBSITE, CATALOG OR OTHERWISE. THE ABOVE LIMITED WARRANTIES SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE, THE TERM “ORIGINAL PURCHASER” AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE UNITED STATES AND CANADA.
LIMITATION OF LIABILITY
As set forth above under the limited warranty provisions, Gameness, LLC liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time. In no event shall Gameness, LLC liability exceed the value of the products sold. Gameness, LLC shall not be liable for any special or consequential damages that result from the use of any product sold through this website or through its catalog. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.
Use and misuse of products sold through the Gameness website, catalog or otherwise, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. Gameness, LLC cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through the Gameness website, catalog or otherwise.
WHAT INFORMATION DO WE COLLECT?
If you choose to use the site you may be required to provide personal information and authorization. Specifically, you may be asked to provide the following:
- Mailing address
- Email address
- Credit card number
- Home and business phone and/or fax numbers
- Social Security Number
- Other personal information (i.e., mother's maiden name)
- IP address
In addition to providing
the foregoing information, if you choose to correspond further with us through
email, we may retain the content of your email messages together with your
email address and our responses. We provide the same protection for these
electronic communications that we employ in the maintenance of information
received by mail and telephone. Gameness collects personal data (e.g. card
number, expiration date, name, address, transaction amount, any chargeback
data, IP address etc.) and this information is provided to Paymentech for
purposes of processing payment transactions and future fraud-scoring, detection
and prevention services.
HOW DO WE USE THE INFORMATION THAT WE OBTAIN?
Broadly speaking, we will only use the personal information you provide to us or that is obtained through your use of the site to administer our business activities and provide customers the products and services they have requested. If you have supplied us with personal information, we may combine such personal information with information we gather from your use of site and other information that we may obtain from other sources to design and arrange the site in the most user-friendly manner and to continually improve the site to better meet the needs of our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to the site, new services and special offers we think you will find valuable. The lists used to send you product and service offers are developed and managed under our traditional corporate standards and are designed to safeguard the security and privacy of our customers' personal information. By visiting our website, third party advertisers such as AdRoll may place cookies on users' browsers for targeted advertising purposes. To learn how to opt out of receiving targeted advertising, please visit networkadvertising.org/choices.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. Gameness, LLC 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.
NOTICE OF DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
The terms and conditions of all sales by Gameness, LLC provide that all disputes between you and Gameness will be resolved by BINDING ARBITRATION.
You GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract except for matters that may be taken to THE SMALL CLAIMS COURT OF OKLAHOMA COUNTY, OKLAHOMA.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.